Does vacation accrual method need to be available to employees?

I recently voluntarily left a position I had been in for two years. I gave two weeks notice as required in our employee handbook and I was let go three days early. I understand I have no recourse as Pennsylvania is an at will employment state. I asked HR when I would receive my vacation pay and was told that my vacation was pro-rated and earned and that I had used all vacation time I had earned. I was never verbally informed about accrual and it is not stated in our employee handbook or any other employee resource. There is no resource or way to find out how much vacation is accrued- it is not posted on paystubs and the accrual method is not stated anywhere. I believe I am owed 5 days of vacation pay as I am entitled to 10 days of vacation per year. There is a clause stating that all vacation will be payed out if two weeks notice is provided. Do I have any recourse?

1 answer  |  asked Sep 27, 2015 6:24 PM [EST]  |  applies to Pennsylvania

Answers (1)

Doris Dabrowski
Entitlement to vacation pay depends upon the terms of the agreement between the employer and employee. If the compensation agreement provides for the accrual of vacation, without a "use it or lose it" provision, employees may contact the PA Dept. of Labor to file a wage payment collection claim. The employee must show that (s)he has not used all accrued vacation.

I suggest that you first discuss your records of used vacation time with your former employer's HR representative and request the written vacation policy. Without a review of all the details of your compensation agreement and records of your vacation, I cannot comment about the merits of your particular quest for vacation pay.

posted by Doris Dabrowski  |  Sep 30, 2015 2:35 PM [EST]

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