Depends on employer policy

Oregon leaves PTO payout to your employer

Last updated July 31, 2026 · sourced from the Oregon labour department and the US Department of Labor

Does Oregon require PTO payout?

Not automatically. Oregon has no law forcing employers to pay out unused PTO, so it comes down to your written policy or contract. If the policy promises payout, that promise is enforceable as wages. The controlling authority is Or. Rev. Stat. § 652.140.

Payout at separation

Depends on employer policy

If you resign

Immediately if given 48+ hours notice (not including weekends/holidays); otherwise within 5 business days or next payday, whichever is earlier

If you are fired

By end of next business day

How Oregon treats accrued PTO

Oregon does not mandate PTO payout by statute. Whether vacation is paid out depends on employer policy. However, Oregon has strict final paycheck timing requirements. Oregon's paid sick leave law does not require payout of unused sick time at separation.

Authority: Or. Rev. Stat. § 652.140

Late payment penalty in Oregon

Penalty wages of up to 30 days at the employee's regular rate for willful late payment.

Statute: Or. Rev. Stat. § 652.140-652.150

Your other Oregon entitlements

PTO payout is one line on your final payslip. These are the other Oregon rules that change what that payslip should total.

Paid sick leave
Oregon mandates paid sick leave under the Oregon Sick Time Law, accruing at 1 hour per 40 hours worked, with up to 40 hours usable per year. Sick leave is NOT required to be paid out at termination in Oregon. Check your sick leave balance .
Minimum wage
The Oregon minimum wage is $15.55/hr , above the federal $7.25 (effective July 1, 2026). Your PTO payout is paid at your own rate of pay, not the minimum, but the minimum is the floor below which no hour may be paid. Oregon minimum wage details .
Overtime
Oregon pays overtime at 1.5x after 40 hours in a week . Unpaid overtime is often owed alongside unpaid PTO, so it is worth checking both before you sign anything. Calculate your overtime .

Work out what Oregon owes you

Enter your salary and unused days to get the gross figure, plus an estimate after withholding, in a format you can paste into an email to HR.

Open the PTO payout calculator
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Sources for this page

Data sourced from official state labor department websites and the US Department of Labor (dol.gov). Last updated: July 2026. Calculator results are estimates for informational purposes only. For disputes involving unpaid wages or wrongful termination, consult a licensed employment attorney in your state.

How we source this →

Frequently Asked Questions

Does Oregon require employers to pay out unused PTO?
Not automatically. Oregon has no law forcing employers to pay out unused PTO, so it comes down to your written policy or contract. If the policy promises payout, that promise is enforceable as wages. The controlling authority is Or. Rev. Stat. § 652.140.
When must my final paycheck arrive in Oregon if I quit?
If you resign in Oregon, the deadline is: Immediately if given 48+ hours notice (not including weekends/holidays); otherwise within 5 business days or next payday, whichever is earlier. If you are fired or laid off instead, the deadline is: By end of next business day. Any PTO your employer owes you should be included in that payment rather than sent separately later.
What happens if my Oregon employer pays late?
Oregon attaches a penalty to late final wages: Penalty wages of up to 30 days at the employee's regular rate for willful late payment. That penalty is separate from the wages themselves, so a late payment can end up costing an employer far more than the original amount. Keep a record of your separation date and the date you were actually paid.
Can Oregon employers use "use it or lose it" PTO policies?
Generally yes, provided the policy is in writing and was communicated to you. Oregon does not treat accrued PTO as protected wages in every case, so a clearly disclosed forfeiture or year-end reset can be enforced. An undisclosed or ambiguous policy is much weaker.
Is a PTO payout taxed differently in Oregon?
No. A PTO payout is ordinary wages, so it is subject to federal income tax withholding, Social Security at 6.2%, Medicare at 1.45%, and any Oregon state income tax. Employers often withhold federal tax at the 22% supplemental wage rate on a lump sum, which can make the payout look more heavily taxed than your normal cheque; it evens out when you file.

PTO payout in other states

Alabama Connecticut Idaho Louisiana Mississippi New Jersey Oklahoma Texas

Related Tools

Calculate what you are owed →Oregon minimum wage 2026 →When is your final paycheck due? →All PTO payout laws by state →

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