grandfathered in vacation time

I’ve been at my job for 18 years and have been grandfathered into 3 weeks vacation. I put in my last 2 days, however they are telling me that I will not be getting paid for them. They said that I have no time coming but I have all my days writened down. What can I do about this?

Asked on December 19, 2017 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your state does not require the payment of accrued (including grandfathered) vacation time when employment ends *unless* there was an actual policy at the employer to pay such days: if they did not have a formal policy (e.g. in a policy manual or employment contract) of paying unused days when you left employment, they do not have to pay you.
If they did have such a policy of paying on termination, if they won't voluntarily honor it, you could sue them for the monetary value of the time. You would have to prove in court, by a preponderance of the evidence (that it is "more likely than not") that you have accrued but unused days. If all you have is your own notes of how many days you have and nothing from them (e.g. no email, nothing on pay stubs, etc.) annotating the days, you may find it impossible to win, since ordinarily, vacation days are memorandized by the employer; an absence of documentation suggests you did not have those days.


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