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Must Pay back vacation used!?!?

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  • Must Pay back vacation used!?!?

    I was wondering about something.

    I recently left my job, unfortunately I was unable to give a full 2 weeks notice. During my exit interview I was informed that I would have to pay back all of the vacation time that I had taken up to that point. This was time that was already accrued. I just want to know if that is legal and/or if there was any way to fight that. I realized that I would forfeit the vacation that was unused, however I don't think it is fair to pay back time that was already earned and used. They are going to be taking it from my final paychecks and it amounts to about a weeks pay.

    Thank you

  • #2
    PA law requires that an employer follow his policy with regards to unused vacation.

    I very much doubt that they can require you to pay it back in any case. But unless there is a company policy to that effect and you are aware of that policy, I don't see that they have a leg to stand on.

    Contact the PA DLI.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      The policy stated that if 2 weeks notice was not given, then you might forfeit any company benefits (ie. accrued vacation time). It does not specifically state whether that means time that has already been used. I really don't think that it is fair to make me pay back time that has already been approved and taken.

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      • #4
        Pennsylvania laws do not require the payout of earned but unused vacation upon separation; they leave that up to each employer's policy. I seriously doubt it's lawful to take back vacation already earned and paid (for one thing, once vacation is paid it falls into the category of wages) and it's almost certainly unlawful for your employer to make payroll deductions of any kind without your express authorization except for those deductions mandated by law (i.e. taxes.)

        Contact PA's DOL.

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