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Am I entitled to accrued vacation? Pennsylvania

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  • Am I entitled to accrued vacation? Pennsylvania

    I have been employed with a healthcare company for almost 18 months. Each pay approximately 4 hours are accrued in PTO (vacation/sick time). Currently I have 9 hours of unused PTO.
    On 7/12 I gave my two week notice and on the 14th I requested to use my final PTO time for 7/21. My manager would not accept my PTO request and stated it would not be acknowledged. She stated I should have put in my PTO request prior to handing in my notice. I contacted HR, who then directed me to the employee handbook section regarding "Separation from Employment."
    Per the company handbook it states, "Employees who are separated from employment when they have earned but not used PTO benefits will NOT be paid for their unused PTO benefits. These policy provisions apply unless prohibited by state law." The company also states, "Employees are stongly urged to use all of their available family leave and PTO time. Unused PTO time will not be rolled over to the next calendar year unless required by the law of your state. You cannot extend your last day worked using PTO or Family leave benefits."
    Both my manager and HR, although they have not explicitly stated this, seem to be implying that once I handed in my resignation, I separated employment with the company...therefore I cannot use the PTO. This makes no sense to me and I have made several attempts to contact my manager, left her several messages and she will not return my call. I spoke with the regional manager (who is above my manager) and asked him to read the handbook and tell me what it means. He stated my interpretation was correct, he did not know why my manager was not taking care of her employees but he would contact her to get things straightened out.
    I feel as though my employer is acting this way because I am leaving and they are basically attempting to push me off and avoid contact with me until my last day. Am I way off on my thinking or is there something I can do?

  • #2
    In PA there is no regulation mandating that employers offer vacation or sick pay. Company policy would prevail under these circumstances. Since you have already spoken to HR and your regional manager about your situation, I'd suggest giving them the opportunity to work things out with you. It may just be a misunderstanding of policy that could readily be remedied.

    Useful link:
    http://www.dli.state.pa.us/landi/cwp...=142&Q=61106#8

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