Mc Donald, PA asked in Employment Law for Pennsylvania

Q: Can I collect unused vacation time if I was terminated (I live in Pennsylvania)

I recently accepted a new job, and gave my current employer a three week notice. They came to me today stating that Friday would be my last day, and they were terminating my last two weeks of employment. I have 18 days of unused PTO time. Am I able to collect that? In the employee handbook it states

"All PTO Days for which an employee is eligible must bed used, or will be paid as a bonus, by December 31. The plant does not provide for unused PTO days being carried over to the next calendar year"

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1 Lawyer Answer

A: The Fair Labor Standards Act only requires that you be paid for hours worked, and unused PTO does not qualify as "hours worked" under the law. Thus, while you don't have any legal recourse if your employer refuses to pay out your unused PTO, you can always inquire about this with your HR department and request to be paid for this time.

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