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Labor and Economic Opportunity

Payment of Wages and Fringe Benefits on behalf of deceased employee.

Contact: Wage and Hour Division 517-284-7800

  • An employer shall pay fringe benefits on behalf of a deceased employee as designated by the terms set forth in the written contract, written policy, or written plan.
  • Except as provided, an employer shall pay the wages and fringe benefits due a deceased employee to 1 or more of the following persons in the priority listed:

(a) The deceased employee's surviving spouse.

(b) The deceased employee's surviving children.

(c) The deceased employee's surviving mother or father.

(d) The deceased employee's surviving sister or brother.

  • If the employee has established a designee or designees by a signed statement filed with the employer before the employee's death and letters of administration are not required to be issued for the estate of the deceased employee, the employer shall make those payments to the designee or designees in the signed statement.
  • Payment under this section shall be a full discharge and release of the employer from the wages and fringe benefits due and owing the deceased employee.