MA PTO question
wetbehindtheears
1 Post
We have an employee (in MA) who has resigned her post with us and her final day will be on April 15th. Normally, company policy says that we prorate an employees PTO over the course of the year. This particular employee has 28 days PTO a year, and has already used 8 days this year, so we don't owe her any additional PTO in her last pay check. (according to our policy) According to the employee though, MA law says we have to pay her for all her unused PTO days for the year. I can't find anything that supports her claim. Does anyone know if this is the case in MA, or any state for that matter?
Comments
An employer in MA is allowed to determine how vacation (PTO) is paid at termination, even having a use-it-or-lose-it policy. According to MA’s Attorney General, the employer must have a clearly written and unambiguous policy as to the employer’s intent. So, if the employer is clear that the employee accrues vacation on a monthly (or other) basis, then the employer is not required to pay out the full year’s vacation at termination. (Advisory 99/1, Attorney General Thomas F. Reilly, 9/7/99) Go to [url]http://www.ago.state.ma.us/labor/vacation.asp[/url] where you can click on the attorney general’s advisory.
Good, thorough, clear answer.