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ajs09876

Member
What is the name of your state? MN

I have been doing some research on google, but I'm not quite sure on the answer here. I know each state is different so I'm wondering if anyone can help me.

I am thinking about leaving my current employer. At this time, I have 12 days of earned vacation that I have not used. The policy states (specific to my situation) "...On january first, following the first anniversary, an employee will be in their second calendar year and have a total of 16 days PTO to be used during the second calendar year..." If I wanted to take 16 days in a row on January 1st, I could.

My question is, Do they have to pay me for all of them when I leave? I have found some Supreme Court rulings in Minnesota that say that policy dictates whether or not they are required to pay it out, but I can't find anything in the policy that specifically addresses quitting or even getting fired. The only thing I've found in the policy is "...One third of PTO days earned can be paid for at the end of the year if the employee would choose not to use them. No PTO time will be carried over into the next year" Which addresses unused at the end of the year.

So I guess two questions would be, Does the policy about carrying over at the end of the year dictate what happens when you quit? and If there's no specific policy on PTO time in the policy is PTO time considered wages and need to be paid out? Just on a side note, my employer is a large company and is very cheap. I have no doubt they would fight paying me my time, but I'd like to know if I have a leg to stand on.

This answer will help me decide if I am leaving my employer, so any help would be greatly appriciated.
 


mlane58

Senior Member
In MN, company policy determines when any benefits are due such as vacation, sick leave and severance packages. Benefits are payable within 60 days of when they become due. If owed and not paid by the employer, you can file your claim for those benefits in the conciliation court in the county where you worked for the employer (see Minnesota Statutes 181.74). If there isn't a policy that speaks to paying out accured vacation, then under MN law , the employer isn't obligated.
 

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