Q: If there is a written policy stating any unused vacation days will be paid at the end of the year can they pay in April?
This company has been paying their employees unused vacation days at the end of each year so employees have depended on this money to be used for Christmas. This year the company told their employees, the week they were to receive the checks that they would not receive payment until April. Also their health insurance runs from January 1st thru December 31st. If an employee does not take their insurance they were to be compensated an amount of $1500 at the end of the year and are now being told that this also will not be paid until April. These actions are definitely unethical & immoral but are they illegal?
A: Thank you for reaching out. There is no Pennsylvania law that requires an employer to provide vacation benefits to employees. If the employer chooses to do so, and has a policy that discusses how vacation leave will be handled, the employer must comply with the terms of its established policy or employment contract. For more information, visit the Pennsylvania Department of Labor and Industry: https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-FAQs.aspx#8.
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