PTO Accrual: Policies, Methods, and Legal Rules
Learn how PTO accrual works, including methods, caps, carryover rules, and legal requirements, to create fair and compliant time-off policies. 7 min read updated on August 19, 2025
Key Takeaways
- PTO accrual determines how employees earn and use paid time off, commonly calculated in hours or days.
- Policies differ by company and may vary by employment status (full-time, part-time, exempt, non-exempt).
- Employers may use different accrual methods, including annual, per pay period, or hours worked.
- PTO caps, carryover rules, and “use-it-or-lose-it” policies significantly affect how time off is managed.
- State laws may regulate payout of unused PTO upon termination and whether unused days can expire.
- Clear PTO guidelines improve employee satisfaction and reduce disputes.
PTO accrual relates to precisely how paid time off is accrued and then monitored. PTO, the abbreviation of "paid time off," is the combination of all paid time off work that an employee is entitled to under a PTO plan. This includes:
- Vacation days
- Sick days
- Personal days
PTO Policy
PTO policy outlines the way in which PTO entitlement is calculated and accrued.
As standard, all staff, whether they are part time, full time, or employed only for a certain term, start accruing PTO from the moment that they join an organization, and they may utilize their PTO days as they are accrued. Accruals are generally shown in days; however, they are gained and monitored in hours (for example, 20 days equates to 160 hours based on a typical 40-hour, 5-day working week).
PTO accrual can vary depending on the particular employee's amount of service to the company and their FTE (full-time equivalent). There are relative variances depending on whether the employee is considered exempt or non-exempt.
Non-Exempt Accrual Rates
PTO is accrued based on the hours that an employee has worked up to 40 hours per week. If the individual works less than 40 hours a week, this is calculated pro rata. It is important to note that the hours which contribute toward this do not include unpaid absence from work, hours on-call, or overtime.
Exempt Accrual Rates
These rates are prorated based on a certain percentage of full-time equivalency, and the rate increases at the point of the employee's pay period for their service anniversary to the company. (For example, a non-exempt employee who receives payment on the 12th of each month and who will be celebrating three years of working at the company on September 14, 2018, will start to accrue PTO at the increased rate as of September 12, 2018.)
Common PTO Accrual Methods
Employers use several approaches to calculate PTO accrual, and the method chosen can significantly affect how employees plan their time off. Common methods include:
- Annual Lump Sum: Employees receive their entire PTO balance at the beginning of the year. This method is easy to administer but may create issues if an employee leaves midyear.
- Per Pay Period: PTO is earned incrementally with each paycheck, aligning time-off accrual with hours worked. This ensures employees don’t use more PTO than they’ve earned.
- Hours Worked Accrual: Employees accrue PTO based on the number of hours they work. For example, an employee may earn one hour of PTO for every 40 hours worked. This is common for part-time or variable-hour employees.
Employers should select the accrual method that best balances administrative efficiency with employee fairness.
Purposes for Paid Time Off
PTO plans intend to give employees more flexibility in managing their time away from the office. Rather than being entitled to a separate allowance of days for sick, vacation, personal days, etc., a PTO scheme combines all of these days into one total time off allowance, therefore enabling an employee to take these days off as and when they see fit to do so.
From the company's perspective, there are several benefits to introducing such a scheme. Namely, this allowance stops individuals from taking sick time off purely for the purposes of utilizing their sickness quota. It also reduces the amount of tracking that has to be done to manage each employee's various entitlements as these are now combined and centralized.
PTO Caps and Carryover Rules
Many organizations place limits on how much PTO an employee can accumulate. These rules may include:
- Accrual Caps: A maximum limit on the total hours or days of PTO an employee can earn. Once the cap is reached, accruals stop until some time is used.
- Carryover Policies: Some employers allow unused PTO to roll over into the next year, while others restrict carryover or cap the number of days that can be carried forward.
- Use-It-or-Lose-It Rules: In some states, employers may require employees to forfeit unused PTO at the end of the year. However, this is not legal everywhere.
Employers must ensure these policies comply with state labor laws, as some states prohibit the forfeiture of earned PTO.
Guidelines for PTO Use
As a standard, employees wishing to utilize a portion of their PTO allowance should provide their manager with at least two days of notice, with the exception being in emergency circumstances or if unexpected sickness occurs.
Every employee who is employed full time will earn PTO that varies depending on their time of service to the company. This will be accrued in hourly increments at the point of which the employee's bi-weekly paycheck is provided. If an employee does not work during a particular period or leaves for reasons such as worker's compensation leave or disability leave, then PTO will not be earned during this time.
Legal Considerations for PTO Accrual
Unlike minimum wage and overtime, there is no federal law requiring employers to provide PTO. However, once offered, accrued PTO may be treated as earned wages under certain state laws. Employers should be aware of:
- State-Specific Regulations: Some states, like California, require payout of unused PTO upon termination. Others allow “use-it-or-lose-it” policies, provided employees had a reasonable opportunity to use their time off.
- Separation Payout Rules: Employers must clarify whether unused PTO is paid out when an employee resigns, is laid off, or is terminated.
- Interaction with Other Leave Laws: PTO policies may overlap with sick leave mandates, the Family and Medical Leave Act (FMLA), or state-mandated paid leave programs.
Maintaining clear written policies ensures compliance and helps avoid disputes.
Exceptions to PTO
If an employee attempts to take more days off than what they are actually entitled to under their PTO allowance, then this can result in disciplinary action being taken against them, and this may even result in the employee being terminated from the company. Exceptions to this rule and extenuating circumstances must be approved by the president of the company.
Any employee who misses more than three unscheduled days off work consecutively may be requested to provide their Human Resources department with a doctor's letter that details their reason for absence and permits their return to the workplace.
If an employee is granted a period of unpaid leave of absence (for example, for sickness or compassionate leave), then they must use the PTO which they have accrued before the unpaid leave can commence. Any unscheduled absences that result in several consecutive days of absence could subject the employee to disciplinary action.
If employers are faced with issues of absenteeism, the steps that they can take against the employee are as follows:
- At the first 1-3 incidents of absenteeism, no disciplinary action will be taken against the individual; however, the matter will be discussed with them by their supervisor.
- On the fourth occurrence of absenteeism, the offending employee will be given a verbal warning to deter them from further incidents.
- On the fifth occurrence of absenteeism, the employee will be given a written warning which will be documented in their personnel file.
- At the sixth incident, the employee will be terminated from the company.
The above process resets every 12 months; however, if an individual receives more than one written warning within a 24-month rolling period, then their employment contract will be terminated.
Employees will also be terminated if they have used up all of their Short Term disability or FMLA benefits and are still unable to return to the workplace, or if they miss two days of work consecutively without notice. In the latter case, the employer may deem that the individual has decided to leave their job.
Best Practices for Managing PTO Accrual
To create an effective and legally compliant PTO accrual system, employers should:
- Define Accrual Clearly: Specify accrual rates, maximum caps, and carryover limits in the employee handbook.
- Communicate Transparently: Ensure employees understand how PTO accrual works and how to request time off.
- Use HR Technology: Tracking accruals manually can lead to errors. Automated HR systems help calculate balances, prevent overuse, and ensure compliance.
- Review Regularly: Laws and workforce needs change, so policies should be reviewed annually.
- Balance Business Needs with Employee Wellbeing: A fair PTO accrual policy supports productivity, reduces burnout, and improves retention.
Frequently Asked Questions
1. How is PTO accrual typically calculated?
It can be calculated annually, per pay period, or by hours worked. The method depends on company policy and employment status.
2. Can employers cap PTO accrual?
Yes. Many employers cap the total PTO an employee can accumulate. Once the cap is reached, accrual pauses until some PTO is used.
3. Do employees lose unused PTO at year-end?
That depends on the employer’s policy and state law. Some allow carryover, others enforce “use-it-or-lose-it,” though this isn’t permitted everywhere.
4. Are employers required to pay unused PTO when an employee leaves?
In many states, yes—unused PTO is considered earned wages and must be paid out upon termination.
5. How can employers best manage PTO accrual?
Best practices include using HR software for tracking, maintaining clear written policies, and regularly reviewing accrual rules for compliance.
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