Am I owed PTO upon termination?

[healthpellets]

What is the name of your state (only U.S. law)? Missouri

Upon termination, is a Missouri employee owed his/her accrued paid time off / vacation time?

ETA: I was an hourly employee and classified as an "Assistant Manager".

Simple question, simple answer. A link to any statute / opinions would be appreciated.

Thanks.

 

[cbg]

In Missouri, unused vacation PTO is not owed unconditionally. It is dependent upon the employer's policy.

I cannot provide you with a link because there is no applicable law. The law states what an employer MUST do and what he must NOT do. It does not spell out what he MAY do. An employer MAY pay out unused PTO at termination but he is not REQUIRED to. Therefore, there is no law to link you to - it is legal for the employer to refuse to pay it out because no law says that he must.

 

[healthpellets]

CBG, thanks for the response. A brief follow up.

1) Short of filing a lawsuit and surviving until discovery, is there any way to obtain a copy of official company policy and procedure?

2) If the Company pays PTO to employees that leave voluntarily, would Company also be required to pay PTO to terminated employees?

Thanks again.

 

[ecmst12]

It would be legal to have a policy of paying PTO to people who quit but not to those who are fired. If it has been applied consistently, it would probably survive a legal challenge.

 

[healthpellets]

And thank you to you also.

Final (maybe) thought / question:

Should I go ahead and make a formal demand for payment of accrued PTO simply to preserve a possible claim that might or might not exist?

 

[cbg]

FYI, in Missouri (as with the majority of states, quite frankly) there does not have to be a formal policy one way or the other. IF there is a formal policy of paying out unused PTO, then the company needs to adhere to it. It IS legal for the policy to be conditional; for example, only to employees who quit, or only to employees who give two weeks notice. As long as the policy does not violation Title VII or related laws, it does not have to be all or nothing.

If there is no policy one way or another, then no payment is due.

 

[pattytx]

I would go ahead and send the "demand for payment" and see what response you get from the employer.