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Unused Vacation Time Pennsylvania

On Lawyer & Legal » Employment & Labor Law

2,464 words with 3 Comments; publish: Thu, 08 Mar 2007 16:38:00 GMT; (80078.13, « »)

This story is a little lengthy, so I apologize in advance. I have just put in my two weeks notice at a private medical practice. I am leaving my position because the doctors I work for have decided to join a bigger practice and were unable to guarentee us (the office staff) that there would be any room for us when they closed their practice. So, I went and looked for other employment. When I put in my notice, I told her I assumed the 2 weeks of vacation time I had left would be given to me in a seperate check after I left. She said absolutely not. It was at the discretion of the doctors to give that to me, and since I have employment when I leave the practice, I am not entitled to my vacation time. She said my vacation time was like an extra benefit, I wouldn't ask for extended health insurance, so why would I ask for my vacation pay.

Now, at any other job I have had, I have gotten my unused vacation time paid to me after I left. I have never been told that I was not entitled to it. She said that had I waited until the doctors actually closed the office, I would have gotten it, but since I'm leaving before the actual closing date, I don't get the pay. So I somehow feel I'm being punished for not sticking it out with the other workers and then going on unemployment. Is this actually the PA law? Or is it because they're a private practice, so they can do what they want? Any advice would be helpful. Thank you.

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    • I was able to get a hold of my employee handbook and it says, "Eligible employees who provide at least two weeks advacne notice of their resignation will be paid for acrrued but unused PTO, unless state law disctates otherwise." So now my question is, can she say that since the state law is they don't have to, does that supercede what the hand book says?
      #1; Fri, 09 Mar 2007 05:01:00 GMT
    • PA law does not require employers to offer vacation or sick pay. This matter is left to employers to handle internally. PA Labor & Industry guidelines only require companies to follow their own policies. I suggest double checking your company policy on vacation and payouts at separation. The policy should answer your question.


      #2; Thu, 08 Mar 2007 18:37:00 GMT
    • The law does not require that vacation be paid out at separation. However PA Labor & Industry does require that employers follow their own policies. I did provide a link in my prior post. PA L&I is the enforcement agency for labor laws in PA.
      #3; Fri, 09 Mar 2007 05:47:00 GMT