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PTO payment after termination_Michigan Michigan

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  • PTO payment after termination_Michigan Michigan

    I have 5 weeks accrued this year, then was terminated__isn't it a law in MI that you should receive your accrued PTO?
    Thanks

  • #2
    No, actually, it's not. Michigan law only requires that the company follow their policy, whatever that policy happens to be.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Not unconditionally, no it isn't.
      http://www.michigan.gov/dleg/0,1607,...1967--,00.html
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        this is what I find ?-able

        Originally posted by Pattymd View Post
        The employer is required to pay fringe benefits in accordance with written contract or written policy, if the company policy has a pay-out provision which states that unused time will be paid to you when you separate your employment, then the employer would be obligated to pay you for the unused time.
        The employer would not be legally obligated to pay you for unused time if the company policy does not address the issue.
        This is 5weeks PTO for the past year_'already earned'-+ I believe also considered 'wages earned' The ?__if the 'Policy' does not state that you WILL receive this at end of employment_does that then mean NO_they don't have to pay you?
        The law seems to imply_ you are due PTO at termination if Policy states you earned the PTO....? Thanks

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        • #5
          In Michigan, if the policy does not address the issue, payment is NOT due. It is only due if the policy specifically says that it WILL be paid.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            policy DOES

            Originally posted by cbg View Post
            In Michigan, if the policy does not address the issue, payment is NOT due. It is only due if the policy specifically says that it WILL be paid.
            __state that you WILL accrue 5 weeks of PTO after 5 years__in that case, it should be paid then__remember this benefits DUE
            so it does state then that PTO WILL be paid_
            as I see it

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            • #7
              No, you're still reading it wrong.

              The law does not say that if you accrue the time it must be paid out. Unless there is a policy that SPECIFICALLY SAYS IT WILL BE PAID OUT AT TERMINATION, it need not be paid in your state.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Agreed with the other answers. But there is a very simple alternative. File a wage claim with whatever MI calls their DOL. If you (the OP) are correct, you will win. If everyone else is correct, you will lose. Either way, issue resolved.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  And actually, we could be right (in the interpetation of the law) and the OP could be right, in that there is a policy which requires the payout. We have yet to be informed if there is such a polciy.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    I don't see where anyone has said that the employee is or is not due the pay; only corrected his/her interpretation of the law.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      sad but true

                      Originally posted by DAW View Post
                      Agreed with the other answers. But there is a very simple alternative. File a wage claim with whatever MI calls their DOL. If you (the OP) are correct, you will win. If everyone else is correct, you will lose. Either way, issue resolved.
                      there was a statement on next page of Co. policy I overlooked, says only with 2 week notice_others, terminated etc__NADA, another Law to serve employers!!! As this earned PTO was accrued in the past year, and in a just world should be paid__glad to NOT be working for a Tyrant anymore....priceless
                      Thanks everyone for all your input here

                      Comment

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