Payment for unused vacation days in PA

I husband terminated his employment with his last employer in August. When he gave his resignation, he told his employer he wanted to be sure he would receive payment for his unused vacation time. His employer said he would pay him. It is now October, and despite numerous attempts to contact the employer, my husband has still not received payment for his vacation time. Is his employer required by PA law to pay him? No employee "handbook" or written manual exists that might outline the company's policy in such situations. Also, a fellow worker resigned a few months prior to my husband, and he did receive payment for his unused vacation days.

1 answer  |  asked Oct 21, 2004 12:13 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Your husband is likely due his vacation pay.

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 or your husband. 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, your husband is likely owed payment for his unused vacation time. Such payments are owed workers once they have "earned" their vacation time. The employer's failure to have any policies on the matter will require a court to review the actual practices of the employer, which, in my experience, are generally all over the lot. The fact that it is late in the year will provide a good argument that the vacation has already been 'earned,' as well.

Generally, earned vacation pay is due within 30 days of the termination date; failure to pay within that time, absent a good faith reason for not doing so, will subject the employer to a 25% penalty on the unpaid wages.

You should contact the employer, in writing, and using a signature delivery service (i.e. FedEx, UPS, etc.), to demand the payment within one week. If no payment is forthcoming, you should file a claim in your local District Court (i.e. 'small claims court').

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.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Oct 21, 2004 2:44 PM [EST]

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