Paid Time Off (PTO)
Definition, rules and examples

Paid time off (PTO) is time away from work for which an employee continues to receive pay, such as vacation, personal days, or sick days. Federal law does not require private employers to provide PTO, but many states and cities require paid sick leave.
Team reviewing workforce guides on a laptop

Definition: Paid time off (PTO) is time an employee is paid for but does not work. It can be offered as separate buckets (vacation, sick, personal) or as a single combined PTO bank that employees use for any reason, subject to policy.

PTO is one of the most visible benefits for hourly employees and one of the most common sources of payroll questions. A clear policy explains how PTO is earned, when it can be used, how requests are approved, and what happens to unused time. Getting the details right protects employees' trust and keeps payroll records accurate.

How PTO works

Employers generally choose one of these models:

  • Accrual: Employees earn PTO gradually, such as a set number of minutes or hours per hour worked or per pay period. See accrual.
  • Front-loaded: Employees receive a full year's PTO at the start of the year or on their anniversary date.
  • Separate buckets vs. combined bank: Separate vacation and sick balances, or one PTO bank for all purposes.

Policies also set caps on balances, carryover rules, request and approval procedures, and minimum increments of use.

Worked example: accrual

Suppose a policy accrues PTO at 0.0385 hours for each hour worked, with an annual cap of 80 hours.

EmployeeHours worked in yearCalculationPTO accrued
Full-time2,0802,080 x 0.038580.08 hours, capped at 80
Part-time1,0401,040 x 0.038540.04 hours
Seasonal520520 x 0.038520.02 hours

If the full-time employee earns $18.00 per hour and takes 16 hours of PTO, that is $288.00 of PTO pay. Under the Department of Labor's regular rate fact sheet, paid vacation, holiday, and sick pay can be excluded from the regular rate, and PTO hours are not hours worked for overtime purposes. Use the PTO accrual calculator to model your own rates.

Federal rules

  • No federal PTO requirement. The Department of Labor's vacation leave page states: "The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays." These benefits are matters of agreement between an employer and an employee or the employee's representative.
  • No federal paid sick leave requirement for private employers in general. The Department of Labor's sick leave page states that "there are no federal legal requirements for paid sick leave."
  • FMLA. The same page explains that the FMLA "provides for up to 12 weeks of unpaid leave for certain medical situations," and that paid leave may often be substituted for unpaid FMLA leave.
  • Regular rate. According to Fact Sheet #56A, pay for paid vacation, holidays, sick leave, and buy-backs of unused leave can be excluded from the regular rate used for overtime.

State and local differences

Many states and cities require employers to provide paid sick leave, with rules on accrual rates, caps, permitted uses, and notice. States also differ on whether unused vacation or PTO must be paid out when employment ends and whether "use it or lose it" policies are allowed. Because these rules vary widely and change often, confirm the requirements in each state and city where you have employees before finalizing your policy.

Best practices for a PTO policy

  • Put it in writing. Cover eligibility, accrual or allotment, caps, carryover, requests, approvals, and payout at separation.
  • Align with state and local laws for paid sick leave and payout.
  • Set request deadlines that give managers time to cover shifts, with a separate process for sudden illness.
  • Show balances to employees. When employees can see their own balance, there are fewer disputes and fewer surprise negative balances.
  • Keep PTO separate from worked hours in timekeeping and payroll exports, so overtime is calculated correctly.
  • Plan coverage early. Approved PTO should appear on the schedule as soon as it is approved.

Common mistakes

  • Counting PTO hours toward overtime when the policy does not intend to, which raises costs, or the reverse, which can confuse employees.
  • Applying one policy everywhere when state or local sick leave laws require different terms.
  • Tracking balances on spreadsheets that drift out of sync with payroll.
  • Approving PTO without checking coverage, leaving shifts uncovered.
  • Not communicating payout rules before an employee leaves.

PTO policy checklist

  • Who is eligible, and when does eligibility start?
  • How is PTO earned: accrual per hour, per pay period, or front-loaded?
  • Is there a cap on balances, and what happens at the cap?
  • How much unused PTO carries over to the next year?
  • How far in advance must employees request planned time off?
  • How should employees report sudden illness or emergencies?
  • What is the minimum increment of use (for example, one hour)?
  • Can balances go negative?
  • Is unused PTO paid out at separation, and under what conditions?
  • How does the policy interact with required state or local paid sick leave and with FMLA leave?

Answering each question in writing, and reviewing the answers whenever you expand into a new state or city, keeps the policy consistent and easy for managers to apply. It also helps employees plan their time off, which makes scheduling easier for everyone.

Finally, revisit the policy at least once a year. Changes in staffing, new locations, and new state or local leave laws can all make an older policy out of date, and a quick annual review is much easier than fixing balances after the fact.

How EZTime helps

EZTime includes PTO and absence management, so employees can request time off from the EZTime mobile app and managers can approve it with the schedule in view. Approved PTO appears alongside AI shift scheduling and shift templates, so gaps are visible early, and shift swaps with approval help fill them. Worked hours from the GPS mobile time clock with geofencing, NFC tags, tablet kiosk, or biometric clocks stay separate from PTO hours, and timecard corrections are tracked with an audit trail. Payroll-ready Excel and PDF exports work with any payroll software; EZTime does not run payroll. Plans start at $2 per employee per month with a 14-day trial. See scheduling software and pricing.

This is general information, not legal advice.

Frequently asked questions

No. The Department of Labor says the FLSA does not require payment for time not worked, such as vacations, sick leave, or holidays. These benefits are generally a matter of agreement between employer and employee. Some state and local laws require paid sick leave.

The FMLA provides up to 12 weeks of unpaid leave for certain medical and family situations for eligible employees. The Department of Labor notes that paid leave may often be substituted for unpaid FMLA leave.

Under federal rules, overtime is based on hours actually worked. PTO hours are time not worked, so they generally do not count toward the 40-hour threshold, and the Department of Labor lists paid vacation, holiday, and sick pay among payments excluded from the regular rate.

Federal law does not address this. Payout rules are set by state law and company policy, and they vary. Check your state’s rules and state your policy in writing.

Track time the right way

Join more than 10,000 businesses that manage their teams with EZTime. 14-day trial, no credit card required.