If I was transitioned from full time with benefits to part time without benefits, what are my rights?

I was transitioned from full-time with benefits to part-time without benefits. Then the company changed its policy. I gave 5 weeks notice 3 weeks was required. When I submitted my last time sheet I was informed that part-time employees will not be paid for unused vacation days earned while a full-time employee. Can they do that?

Asked on October 4, 2015 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can do this, unfortunately. Employers have full discretion whether to pay out unused vacation days when employmet ends--the law does not require these days to be paid, and most employers do not pay out vacation when you leave employment. Since it is up to them whether to pay such days, it is also the employer's choice whether to put limitations or conditions on payment of vacation time--such as not paying part-timers their previously accrued vacation time. What the employer did is legal.

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