Legal Question in Employment Law in Pennsylvania

Company will pay 1/2 vacation time in money; the other 1/2 in paid time off

I started part time hours (18 hrs/wk) on May 1st after working full time for 3 1/2 years at the company.

I accrued 75 hours vacation time for 2006 ( 2 full time weeks )

I was informed that since I'm presently working part time, I could take 37 1/2 hours vacation time off (equals 2 part time working weeks) and will be paid for the other 37 1/2 hours. I would prefer the time off rather than pay if at all possible.

Is the company within their rights to pay me instead of allowing paid accrued vacation hours off?

Thank you


Asked on 5/25/06, 2:45 am

1 Answer from Attorneys
Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

Re: Company will pay 1/2 vacation time in money; the other 1/2 in paid time off

For purposes of this answer, I a assuming you are not a member of a union and/or you do not have an employment contract.

With that said, yes, the company is within their rights to pay you for half and allow you to take the other half as time off.

The reason is employers aren't require to provide benefits such as sick days, personal days and vacation days. Therefore, it is the employers prerogative to determine how to disseminate those benefits.

One caveat, if the employer has adopted a policy or practice concerning such benefits they are required to follow that policy.

Regards.

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Answered on 5/25/06, 9:30 am


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