Do they owe me accrued vacation pay

My company is based out of Virginia, hired me to work in Philly, and reside in Philly. I paid all PA and Philly taxes and thus receive unemployment from the state of PA. The state of Virginia does not require Vacation Pay to be paid out. From what I am reading PA requires that if you offer it, you pay it.

Is my company obligated to pay my accrued vacation hours?

2 answers  |  asked Jul 8, 2011 3:40 PM [EST] in Vacation  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, all I have to add to Mr. Leah's answer is that if your employer's policies are silent on the issue, the Court will presume that accrued vacation is not paid out upon termination. However, if your employer has no policy, but a history or practice of paying out accrued vacation, then the policy can be established through the employer's actions.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Jul 8, 2011 4:12 PM [EST]
Scott Leah
Pennsylvania does not require that accrued, but unused, vacation pay be paid to employees upon their termination. Whether vacation pay must be in that situation depends on what employer's policies and/or any employment contract or employment agreement.

However, if the employer's policy or the employment contract or employment agreement provides for the payment of accrued, but unused, vacation time upon termination, then the former employee can use the Wage Payment and Collection Law to collect it, which also provides for liquidated damages and attorney fees.

Therefore, to accurately answer your question, one would need to examine any employment agreement or contract that you had, or the company's employee handbook, or any employment policies the company had (whether written or its customary practice).

posted by Scott Leah  |  Jul 8, 2011 3:48 PM [EST]

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