PTO Carryover: What Employers Need to Know

A policy that allows employees to transfer a portion of their unused paid time off from one year to the next. Not all companies permit PTO carryover.
Jimmy Law

What Is PTO Carryover?

Carryover is a policy that allows employees to transfer a portion of their unused paid time off from one year to the next. The opposite of carryover is a "use-it-or-lose-it" policy where unused PTO expires at year-end.

How you handle carryover significantly affects both employee satisfaction and your company's financial liability.

Types of Carryover Policies

Unlimited Carryover

Employees can roll over all unused PTO into the following year with no limit.

Pros:

Cons:

Limited Carryover

Employees can carry over a specific amount (e.g., 40 hours or one week) with any excess forfeited.

Pros:

Cons:

No Carryover (Use-It-or-Lose-It)

All unused PTO expires at year-end with no rollover allowed.

Pros:

Cons:

Conditional Carryover

Some companies allow carryover only under certain conditions:

State Law Restrictions

California

Treats accrued vacation as earned wages that cannot be forfeited. Use-it-or-lose-it policies are illegal. You can:

You cannot:

Montana

Similar to California, earned vacation cannot be forfeited by policy.

Other States

Most states allow use-it-or-lose-it if:

Setting Carryover Limits

If you allow limited carryover, common approaches include:

One Week Maximum

40 hours (one week) is a popular carryover limit. Provides flexibility for a short vacation without creating excessive liability.

Percentage-Based

Allow carryover of 50% of annual accrual:

Tenure-Based Limits

Increase carryover limits with tenure:

Rewards loyalty while managing liability.

Communicating Year-End Deadlines

If you have carryover limits or use-it-or-lose-it, employees need advance notice:

Timing

Remind employees about year-end PTO policies:

Content

Communications should specify:

Blackout Periods

If December is a busy time where you can't accommodate everyone taking PTO, you have a problem. Either:

Combining Carryover with Accrual Caps

You can use both an accrual cap and a carryover limit:

Accrual Cap (Ongoing)

Example: 160-hour cap on total accrued balance

Year-End Carryover Limit

Example: 40-hour maximum carryover at year-end

These work together to manage liability while providing flexibility.

Handling Excess PTO at Year-End

When employees have more PTO than can be carried over, options include:

Forfeiture

Where legally allowed, excess time simply disappears at year-end. This requires clear written policy and adequate notice.

Payout

Pay employees for unused time that would otherwise be forfeited. This eliminates the PTO but creates a cash expense.

Extended Deadline

Allow employees to use carried-over time within Q1 of the following year. This provides flexibility without indefinite carryover.

Charity Donation

Some companies allow employees to donate excess PTO to a charity (cash equivalent) rather than forfeiting it. This requires proper tax handling.

PTO Donation Programs

Allow employees to donate excess PTO to a bank that other employees can draw from for catastrophic needs.

Pro-Rated Carryover for New Hires

Employees hired mid-year don't earn a full year's worth of PTO. How should carryover work for them?

Option 1: Pro-Rate Carryover

If they earned 40 hours in their first six months, allow them to carry over up to 40 hours (or whatever percentage of the annual maximum makes sense).

Option 2: Same Limit for Everyone

Apply the same carryover limit regardless of start date. Simple but may feel unfair to long-term employees who earned more time.

Option 3: No Carryover First Year

Require one full year of employment before carryover eligibility. Clear but potentially harsh for employees hired late in the year.

Tax Implications

Accrued PTO as Liability

Unused PTO sits on your balance sheet as a liability. Carryover policies affect the size of this liability for accounting purposes.

Payout Taxation

When you pay out unused PTO, it's taxed as regular wages with all normal withholdings.

Managing Year-End Scheduling

Use-it-or-lose-it and limited carryover create year-end scheduling challenges:

Predictable Crunch

Everyone wants December off. This creates coverage problems.

Solutions

Transitioning Between Policies

If you're changing your carryover policy:

From Use-It-or-Lose-It to Carryover

This change is generally positive for employees. Announce it well in advance and clarify:

From Unlimited to Limited Carryover

This reduction in benefits requires care:

Legal Considerations

Some states may consider existing accrued PTO to be earned wages that cannot be taken away. Consult legal counsel before reducing PTO benefits.

Alternative Approaches

Instead of traditional carryover, consider:

Mandatory Minimum Use

Require employees to take at least a certain amount (e.g., 5 days) per year. This ensures regular time off without strict year-end deadlines.

Quarterly Use Requirements

Require employees to take at least some PTO each quarter. Spreads usage throughout the year.

Manager Accountability

Hold managers responsible for ensuring their teams use PTO. Include this in manager performance evaluations.

Automatic Carryover Extension

If an employee couldn't take PTO due to documented business needs, automatically extend their ability to use it into Q1.

Documentation Requirements

Your carryover policy must be in writing in your employee handbook:

Include:

Common Carryover Mistakes

Assuming Use-It-or-Lose-It Is Always Legal

Check your state law before implementing forfeiture provisions.

Inadequate Notice

Surprising employees at year-end that they'll lose time creates resentment and potential legal issues.

Inconsistent Application

Making exceptions for some employees but not others creates discrimination risk.

Ignoring Manager Responsibility

If employees couldn't use PTO because managers denied all requests, forcing forfeiture is particularly problematic.

Not Tracking Properly

Carryover requires accurate tracking of year-end balances and transfers to the new year.

The right carryover policy balances employee needs for flexibility with company interests in managing liability and encouraging regular time off. Whether you allow unlimited rollover, set limits, or require use-it-or-lose-it, the key is clear communication, compliance with state law, and consistent application. Many companies find that limited carryover (allowing 40-80 hours to roll over) provides the best balance.

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