Legal Question in Business Law in Pennsylvania

Accrued vacation benefit pay

If I resign from my job (with 2 weeks notice) and have accrued vacation time accumulated, is my employer required to pay me for the accrued time? I work for a small PA company with less than 20 employees.


Asked on 7/05/06, 12:16 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Accrued vacation benefit pay

Generally yes, your former employer should pay you for accrued and unused vacation time. But there may be exceptions based on any non-discriminatory policy that your employer may have in place.

Also, be aware that many employers will immediately accept an employee's resignation and escort them form the property. An employer is generally required to pay out an employees notice period up to two weeks. Though many employers will apply the accumulated vacation time against the two week notice period. So, for example, an employee with three weeks vacation in the bank gives two weeks notice. His employer terminates him immediately. The employee will be paid for two more weeks and will only recieve payment for one additional week of accrued vacation after the notice period. Whereas if that employee only had 1 week accrued vacation he would get paid for the two week notice period of which one week would be accrued vacation and the other week would simply be paid.

Employers generally do not need to pay for accrued but unused sick time.

Of course this information is general and specific factors of which I am not aware may affect the analysis,

Regards,

Roger Traversa

email: [email protected]

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Answered on 7/05/06, 12:28 pm


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