📅PTO Forfeiture Deadline Calculator

Calculate annual leave use-promotion notice deadline

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When unused PTO actually expires

The United States has no statutory annual leave and no leave use-promotion procedure. Because the Fair Labor Standards Act does not require paid vacation at all, whether your unused hours vanish at year end depends on two things: your employer's written policy, and whether your state allows a use-it-or-lose-it rule in the first place.

Enter your policy year end, your current balance, the carryover your policy permits and how much advance notice your employer gives. The tool shows how many hours sit above the carryover cap, the date they would be forfeited, the date notice should reach you, and how long you have left to schedule time off.

Basis: earned vacation is treated as wages in California (Cal. Lab. Code 227.3), Montana and Nebraska, where outright forfeiture of accrued vacation is not permitted, though reasonable caps on further accrual generally are. Most other states allow use-it-or-lose-it if the policy is communicated in advance. State rules as of September 2026 - your state may differ, so check your state labor statute.

This calculator is for reference only and is not legal advice. The controlling document is your employer's written PTO policy and any collective bargaining agreement. Consult a licensed employment attorney about your specific situation.

Frequently Asked Questions

Can my employer wipe out my unused PTO at year end?

In most states yes, if the written policy says so and you were told in advance. In California, Montana and Nebraska accrued vacation is treated as earned wages, so it cannot simply be forfeited, though an accrual cap is generally allowed.

Must unused PTO be paid out when I leave?

That also depends on the state and the policy. Several states require payout of accrued unused vacation at separation; others leave it entirely to the employer policy, which is why the written policy is the document to read first.