Employment Law Questions? Ask an Employment Lawyer.
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I am very sorry, but it has been the settled law in Maine since 1987 that an employee is only entitled to payment of their accrued but unused PTO upon separation of employment if the employer has a policy expressly so providing. (See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987)) The reasoning is that an employer has no legal obligation to offer PTO in the first place. So, as a completely discretionary fringe benefit, employers are free to determine how and when it is paid and what happens to it upon separation of employment. I am very sorry, but I hope that my answer provides you with clarity so that you can move forward.
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