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Paid Time Off When You Leave

N.D.C.C. § 34-14-09.2 — a private employer may keep accrued time off only in the cases the section lists

When an employee quits, a private employer may withhold accrued paid time off only if all three are true:

  • At hiring, the employer gave written notice of the limit on paying it out.
  • The employee had worked there less than one year.
  • The employee gave less than five days' written or verbal notice.
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Time off that was awarded but not yet earned may be withheld on any separation, if the employer gave written notice of that limit before awarding it. A violation reported within thirty days must be investigated by the labor commissioner; a later one may be.

Sources for this section (1)
  1. N.D.C.C. § 34-14-09.2 — Limitations on accrued paid time off - Investigation

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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