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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12786
Experience:  Significant experience in all areas of employment law.
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I live and worked in Maine. I recently resigned from work. I

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I live and worked in Maine. I recently resigned from work. I called the company anout not receiving PTO with last pay check.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Maine
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time, they said the company policy was not to pay PTO at separation.
JA: Anything else you want the lawyer to know before I connect you?
Customer: thought it was state law to provide PTO not holiday or sick time but yeas to PTO.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

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.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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