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FOR PUBLICATION
ATTORNEY FOR APPELLANT: RONALD E. WELDY Weldy & Associates Indianapolis, Indiana ATTORNEYS FOR APPELLEE: KIM F. EBERT BONNIE L. MARTIN Ogletree Deakins Nash Stewart P.C. Indianapolis, Indiana

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IN THE COURT OF APPEALS OF INDIANA
MAUREEN REEL, THOMAS DULLEN and ) NED MILBY on Behalf of Themselves ) and All Others Similarly Situated, ) ) Appellants-Plaintiffs, ) ) vs. ) ) CLARIAN HEALTH PARTNERS, INC., ) ) Appellee-Defendant. )

No. 49A02-0703-CV-218

APPEAL FROM THE MARION COUNTY SUPERIOR COURT The Honorable Gary L. Miller, Judge Cause No. 49D05-0507-PL-26374

September 5, 2007

OPINION - FOR PUBLICATION

SHARPNACK, Judge

Maureen Reel, Thomas Dullen, and Ned Milby (collectively "Named Plaintiffs" in a class action) appeal the trial court's grant of summary judgment to Clarian Health Partners, Inc. ("Clarian"). The Named Plaintiffs raise two issues, which we consolidate and restate as whether the trial court erred by granting Clarian's motion for summary judgment. We reverse and remand. The relevant facts follow. The Clarian Human Resources Manual ("Manual") defined "Paid Time Off" ("PTO") as "time earned as a benefit to allow employees to receive pay for days taken off work for vacation, personal or family illness, holidays, and personal days." Appellant's Appendix at 46. The Manual stated: ***** 6. Job Changes A change in employment may alter an employee's PTO benefit. The change may affect eligibility, earning rate of accruals, or time accrued in the PTO bank . . . as outlined below: d. Termination (voluntary or involuntary) or Retirement 1) Employee is eligible to receive pay for unused, accrued PTO bank time only if he/she has completed the initial six (6) month employment period. ***** 4) Employees receive a full accrual for the first pay period of employment regardless of whether or not a full first pay period is worked. Therefore, employees will not receive a PTO accrual for the final full or partial pay period worked. *****

Id. at 52. 2

The Manual also included a termination policy, which stated: ***** C. Final Wages and Paid Time Off (PTO) 1. It is necessary to process the Termination and Clearance Checklist forms as soon as possible to ensure final wages and accrued paid time off (PTO) are paid appropriately. Payment will be made in two separate checks on two separate paydays for all terminations. Check #1 includes wages for hours worked during the last pay period of employment minus any employee-authorized deductions, such as gift shop charges. This check will be issued on the payday of that working pay period. Check #2 includes payment for any eligible, accrued paid time off minus any employee-authorized deductions that were not previously processed. This check will be issued on the next regularly scheduled payday after the payment of check #1.

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Id. at 71. Clarian terminated Reel and Dullen. Each member of the class earned a certain number of PTO hours during the course of their employment. Clarian paid the members of the class their accrued PTO fourteen days after the pay date in which Clarian paid each member of the class their wages earned for work performed during the last pay period in which they were employed by Clarian. The Named Plaintiffs filed a complaint against Clarian as a class action pursuant to Ind. Trial Rule 23(a) and (b)(3) on behalf of "all former employees of [Clarian] who involuntarily separated from employment with [Clarian] and were paid their PTO wages 3

on or after July 11, 2003." Appellee's Appendix at 3. The complaint alleged that the wage claims of the Named Plaintiffs had been referred to the attorney by the Indiana Attorney General's Office and the Indiana Department of Labor pursuant to Ind. Code

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