PTO Payout Laws

Is it against PA law for an employer to only pay out 50% of my earned PTO time?

1 answer  |  asked Dec 13, 2005 5:35 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
It is illegal for an employer to not pay 100% of earned PTO/vacation time.

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, it is illegal in Pennsylvania for an employer to not pay 100% of earned PTO/vacation time. The question, however, is what is 'earned' of the PTO offered. There is no general legal right to PTO or vacation time. Most employers, however, give PTO or vacation time to their employees. Certain employers may only allow so much time to be earned, and may not allow rollover of time. Depending on what the policy allows, certain 'earned' time can be lost.

If the employer is failing to pay 'earned' time in violation of the law, the employer may owe the full amount of the withheld pay, as well as a 25% penalty and the employees' attorneys' fees and costs.

I cannot give specific advice on your situation, as I have not reviewed the PTO policy governing your rights, nor the facts of your particular situation.

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  |  Dec 14, 2005 08:32 AM [EST]

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