Is my Wife entitled to her accrued vacation after termination!

My wife was just terminated from her position in Sellersville, Pa. She had about 135 hours of earned vacation on the books. However, when she was terminated, her employer stated that she isn't entitled to this vacation pay. What does she do with regards to this situation?

1 answer  |  asked Aug 11, 2016 5:08 PM [EST]  |  applies to Pennsylvania

Answers (1)

Scott Leah
Under Pennsylvania law, an employee is not entitled to be paid for accrued but unused paid leave at termination, whether that paid leave be vacation, sick or personal time.

The entitlement to be paid for accrued paid leave must be a contractual type of right. If the employee has an employment contract or agreement that provides that he or she will be paid for accrued leave at termination, then the employer must pay it.

If the employer has a written policy, such as in an employee handbook, that it will pay accrued paid leave at termination, then the employer likely has to pay it.

Or, if the employer has a practice of paying accrued leave at termination (specifically for the type of termination here, as some have a policy of paying it only for terminations by the employer that are "not for cause" as opposed to for cause terminations or the employee quitting), then the employer may have to pay it.

If your wife believes that she is entitled to be paid for her accrued leave at termination, and the employer does not pay it, she would be able to bring an action under Pennsylvania's Wage Payment and Collection Law, which includes attorney's fees if she is successful.

posted by Scott Leah  |  Aug 12, 2016 05:49 AM [EST]

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