Employment Law
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9/24/2009
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,276
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
VerifiedWERE YOU GETTING VACATION PAY AND PAID TIME OFF BEFORE BEING LET GO?
MN Minn. Stat. § 181.13(a), which requires employers to pay "wages or commissions" to a discharged employee within 24 hours of demand and imposes penalties and attorney's fees against employers who fail to comply.
Unless required to do so under an employment contract, collective bargaining agreement, or other legally binding agreement, an employer is not required to pay employees for accrued sick time or personal leave when they leave their employment. In this respect, accrued sick time is unlike accrued vacation time which, in some states, must be paid as part of an employee's final paycheck. Your situation is unique as the company handbook states you are entitled to it, but that it does not pay unless state mandated. I WOULD SAY SICK DAYS ARE NOT MANDATED BY LAW NEITHER PTO.
Unless required to do so under an employment contract, collective bargaining agreement, or other legally binding agreement, an employer is not required to pay employees for accrued sick time or personal leave when they leave their employment. In this respect, accrued sick time is unlike accrued vacation time which, in some states, must be paid as part of an employee's final paycheck. Your situation is unique as the company handbook states you are entitled to it, but that it does not pay unless state mandated. I WOULD SAY SICK DAYS ARE NOT MANDATED BY LAW NEITHER PTO.
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,276
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
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