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Faye Lee
Faye Lee, Human Resources Executive
Category: Job
Satisfied Customers: 1522
Experience:  Sr. VP Human Resources for 20 years for two major corporations
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if you quit your job--does your employer have to pay you ...

Customer Question

if you quit your job--does your employer have to pay you your vacation pay you have coming????-in pennsylvania
Submitted: 6 years ago.
Category: Job
Expert:  Faye Lee replied 6 years ago.
SHARON LUCUS, If your vacation is earned vacation then that is a benefit which should be paid. If it is unearned but the employer allow you to take vacation before it is earned then it will not be paid. You should look at your Employees' Handbook to see how your vacation is accrued, this will allow you to determine whether you had earned your vacation before leaving.Some companies tell employees that they have 2 weeks vacation but fail to tell that the vacation is earned on a accrual basis. If you have earned your vacation and they have failed to pay you for all vacation earned you should file a complaint with your state labor department I hope this has helped and if so click accept. Take care
Faye Lee, Human Resources Executive
Category: Job
Satisfied Customers: 1522
Experience: Sr. VP Human Resources for 20 years for two major corporations
Faye Lee and other Job Specialists are ready to help you
Customer: replied 6 years ago.
he has worked there for 25 years and has had a paid vacation --two weeks every year--so what do you think
Expert:  Faye Lee replied 6 years ago.
SHARON, when did he quit, what month? Let's assume that their vacation run on the calendar year. If he left like in January then he would have a very small percentage of vacation, however if he resigned in February he would have about , 2 days minus what he may have taken. I would recommend that you write a letter to the company requesting all accrue vacation to be paid or an explanation why it was not paid. If you do not receive an answer file a complaint with your the labor department/ Fair Labor Standard Act. You should be able to locate a 800 number in your local phone directory under GOV. and they mostly will accept your complaint over the phone, that will depend on the office. Thanks you for your accept and if you have further questions let me know. Take care and have a good day.
Customer: replied 6 years ago.
THE PROBLEM IS HE WORKED ON DEC 31ST--JAN 1 WAS A PAID HOLIDAY--THEN HE WENT INTOT HE HOSPITAL FOR SURGERY--WAS OFF UNTIL THIRD WEEK OF FEBRUARY--WORKED 20 HOURS BOTH WEEKS THEN HE WAS ASKED TO ACTUALLY TAKE OVER THAT PART OF THE BUSINESS--AT OUR AGE WE DO NOT WANT TO DO THAT--HE JUST WNATS TO WORK FOR 3 1/2 MORE YEARS TILL HE CAN COLLECT SOCIAL SECURITY--WE JUST WANT TO GET THE TWO WEEKS VACA PAY--WE NEED IT--HE WAS OFF FOR THE 6 WEEKS --IN THE HAND BOOK IT SAYS 1 WEEK AFTER 1 YEAR --TWO WEEKS AFTER THRESS YEARS--SAYS NOTHING ABOUT ACCRUED TIME --NO PLACE--HE HAS BEEN THERE 25 YEARS--HIS BOSS DID NOT ACCEPT HIS RESIGNATION-AND ACTUALLY WNATS HIM TO COME BACK TO WORK--SO WHAT SHOULD HE DO???THANK YOU
Expert:  Faye Lee replied 6 years ago.
SHARON LUCAS, Your husband should feel impressed that his company still wants him back after his resignation. But from what you are indicating the company policy does not state that vacation is earned. You will need to request the vacation from the company but you will need to ask them to discuss how vacation is granted. If your husband was off for that time frame then he maynot have received credit for vacation during his medical leave. However, I think you are on the right track by questioning why the vacation was not paid, Then if you get no results contact the labor department to file a complaint. Take care.
Faye Lee, Human Resources Executive
Category: Job
Satisfied Customers: 1522
Experience: Sr. VP Human Resources for 20 years for two major corporations
Faye Lee and other Job Specialists are ready to help you
Customer: replied 6 years ago.
HI---THE BOSS TOLD HIM WHEN WAS THE LAST TIME YOU WORKED 40 HOURS!!THAT WAS DEC--BECAUSE OF HIS SURGERY---I AM GOING TO HAVE THEM TELL ME WHERE IN THE HANDBOOK IT SAYS HE HAS TO WORK A CERTAIN AMOUNT OF HOURS TO GET THE VACATION AND THEY CAN NOT COUNT HIM NOT WORKING BECAUSE HE WAS OFF FOR SURGERY--IT SAYS NOTHING IN THE HAND BOOK ABOUT HOURS WORKED ETC--ONLY ABOUT THE YEARS WORKED!!!THE WHOLE THING JUST MAKES ME ANGRY--BECAUSE IF I HAD TOLD HIM TO TAKE HIS TWO WEEKS WHEN HE WAS RECOVERING --THEY WOULD HAVE PAID HIM--NOW SINCE ALL OF THIS OTHER HAS COME UP THEY ARE GIVING HIM A HARD TIME--TWO THINGS HAVE HAPPENED HERE--1- THE OWNER WANTED HIM TO TAKE OVER THAT PART OF THE BUSINESS--AND IF HE DOESN'T --THEY WERE GOING TO CLOSE IT--2 NOW HE TELLS HIM --HE WANTS HIM TO WORK ONLY ONE DAY A WEEK--TO DO THE SCHEDULE AND IN JULY THEY WILL PAY HIM HIS VACATION!!!SO WITH THE THREAT OF CLOSING HE IS ACTUALLY FORCED TO LOOK ELSEWHERE FOR EMPLOYMENT--HE HAS AN INTERVIEW TOMORROW--AND IF THAT GOES THROUGH HE IS GOING THERE--BUT HE IS STILL OWED WHAT HE IS OWED-ALSO THE OWNER DOES NOT PAY TIME BETWEEN STORES ( IT IS SECURITY WORK AND THEY DO TWO STORES A DAY) OR OVERTIME TO HOURLY EMPLOYEES!!DOESN'T HE HAVE TO DO THAT???THANK YOU
Expert:  Faye Lee replied 6 years ago.
SHARON LUCAS, You sound like a lady after my own heart, feel what is fair is fair. Now if this company is not paying overtime they are violating Wage and Hours laws and should be reported. to the Labor Dept.Wage and Hours. Those claims are investigated and back pay is paid upto two years. They will enforce the employer to pay what the employees say they worked in overtime and sometime fine the employer. If the Handbook does not reflect how vacation is paid except b the year then you should hold them to this policy. If the policy does not exclude sick leave as counted toward vacation, then your husband should be paid. But they appear to have other labor violations that will get them in trouble if reported. You may want to write them a letter requesting vacation and if your husband is not paid you will file a complaint regarding all their violations. SHARON ,good luck. you do not need to click accept, this answer is apart of the previous answer and thank you for the accept.... take care.

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