Do You Accrue PTO While on PTO? Policy and Law

Paid Time Off (PTO) is a benefit that allows employees to receive compensation while they are away from work, consolidating various types of leave, such as vacation, sick time, and personal days, into a single bank of hours. The question of whether an employee continues to accrue PTO while actively using it is a common point of confusion. The answer is not universal; it is determined by a combination of the specific PTO policy set by the employer and the employment laws of the jurisdiction where the employee works. Understanding how your organization defines compensated time is the first step in knowing your benefit earnings.

How PTO Accrual Generally Works

PTO accrual is the process by which employees earn their paid time off incrementally over time rather than receiving their full allotment at once. This system is designed to pace the employee’s earning of the benefit, which helps employers manage the financial liability associated with unused time.

The most common method determines the accrual rate based on the employee’s hours worked, which is typical for part-time or hourly employees. Another approach is a set-schedule accrual, where a fixed amount of PTO is added to the employee’s balance each pay period, regardless of the exact hours worked. A third system is the lump-sum method, where the full annual allowance of PTO is granted at the beginning of the year. The actual accrual during a period of leave depends on further policy definition.

The Policy Definition of Compensated Time

The ability to accrue PTO while using it rests entirely on how the employer’s official policy defines the term “compensated time” or “hours worked” for accrual purposes. Employers have two primary approaches to this definition, which dictates whether a paid day off is treated the same as a day spent working.

Policies that narrowly define accrual based only on actual service hours require the employee to be physically present and performing work duties. Under this strict definition, time taken as paid leave, even though compensated, is not included in the calculation, effectively pausing accrual while the employee is out.

Other policies adopt a broader definition, considering any hour for which the employee receives a paycheck to be time that counts toward earning additional PTO. This means that hours paid out as vacation or sick leave are treated identically to regular work hours, allowing the employee’s accrual rate to continue uninterrupted during their time off.

Impact of State and Local Employment Laws

While most PTO policies are established by the employer, state and local employment laws can introduce mandates that override internal company rules. PTO is generally classified as a non-mandated benefit. However, in many jurisdictions, once the benefit is accrued, it is legally considered earned wages, preventing policies that require employees to forfeit their time.

These external legal factors sometimes compel an employer to treat certain types of paid leave as “time worked” for benefit purposes, irrespective of the company’s default policy. For example, some laws governing paid sick leave may explicitly require that employees continue to accrue all benefits, including general PTO, while utilizing the legally mandated sick time. When a company’s internal policy conflicts with a specific state or municipal law that grants greater rights to the employee, the external law takes precedence, ensuring the employee’s benefit earning continues during the paid absence.

How Different Accrual Systems Affect Earnings

The administrative structure of the accrual system significantly impacts the practical calculation of earnings when an employee is on paid leave. In a lump-sum system, the question of accrual during time off is sidestepped entirely because the full annual amount has already been granted to the employee at the start of the period.

For systems that accrue on a set schedule, such as bi-weekly or monthly, the calculation depends on whether the policy treats the pay period as a simple trigger for the accrual deposit. If the policy is based on the mere passage of a pay period, the accrual will likely continue during a paid absence.

Systems based on hours worked require the most scrutiny. The policy must clearly state whether the hours paid as PTO are included in the total “hours worked” metric used to multiply the accrual rate. If PTO hours are excluded from the calculation, the employee will accrue less time in that period.

Practical Steps to Verify Your PTO Accrual

Determining the specific accrual rule requires consulting the official documents provided by your employer. The most comprehensive source is the Employee Handbook or the Paid Time Off Policy Manual, which defines “compensated time” and the specific rules for accrual during a leave of absence. Look for clauses that explicitly state whether paid leave hours are counted toward future benefit accrual.

Reviewing recent pay stubs is also practical, as these documents typically show the accrued PTO balance and the amount earned during the pay period. If the policy language remains unclear, contact the Human Resources or Payroll department and request a written clarification of the rule.