Legal Question in Business Law in Pennsylvania

Re: Laid off and vacation pay out??

You asked about payment for vacation pay.

The answer depends on the particular circumstances. The payment for accrued vacation generally must be paid when an employee is terminated. When an employee is laid off with the possibility of being recalled then payment for accrued vacation may be withheld depending on the likelihood of being recalled and the duration of the lay-off.

Vacation benefits are conclusively earned and the employer does not have the option to absorb those benefits without payment to the employee.

Now don't take this message and waive it in the face of the employer. It does not consider your particular circumstances such as the particular lay-off, whether your employer is subject to some exemption or even whether you are part of a CBA.

Regards ,

Roger