Is it legal for an employer to not pay you for PTO hrs?

My job gave me a 1 week notice that they where closing down. I did not take a vacation all year and was planing to do this in december, however they are closing the doors in november. I have approx. 150 hrs of paid time off and I was told they are not going to pay me for them. Is this legal? Is this money that is owed to me for working all year?

1 answer  |  asked Nov 18, 2010 12:33 PM [EST]  |  applies to Pennsylvania

Answers (1)

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, if you have earned the 150 hours of PTO, you must be paid for that time. The question is whether you 'earned' the payment for PTO. The law does not require that you be paid for PTO; the employer's policy controls when you 'earn' PTO time. Therefore, if the employer's policy states taht you will not be paid your PTO upon the termination of your employment, you won't have a right to payment. If the employer's policy is silent on the matter, it is likely that you have a right to payment for the 'earned' PTO time.

If you have that right, and they don't pay, you'll have a right to sue for it, plus a 25% penalty and your attorneys' fees.

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/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Nov 22, 2010 11:26 AM [EST]

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