Paid Time Off Question

What is the name of your state? PA

On November 19, I notified my employer of my resignation effective December 31. After doing that, I submitted for and my manager approved my request to use 13 days of paid time off from Dec. 13-23 and December 27-30 (Dec. 24 and Dec. 31 are company holidays), making my last day in the office Dec. 10. These PTO days had already been accrued.

Last week, HR notified me that company policy prohibits me from using that time off. The employee agreement states that I will not be compensated for any unused time-off should I leave the company. However, I am not leaving the company until Dec. 31, and HR will force me to work rather than take my vacation. Did I forfeit the right to use accrued time-off when I notified the company that I was resigning? If I had known that I was forfeiting my vacation, I would be on vacation now (I am relocating and using the time to find housing and move) and would have only given the company the customary 2 weeks notice.

Contrary to what a great many people appear to believe, you do not have a guaranteed right to take vacation or paid time off whenever you choose. An employer is within his rights to refuse to allow you to take vacation or paid time off at any given time. It is not unusual for a company to have a policy saying that paid time off cannot be taken once you gave notice, and it is perfectly legal.

PA law requires only that an employer follow their policy. If the company policy is that you forfeit earned but unused time at termination, that's legal.

company not following policy

PA law requires only that an employer follow their policy. If the company policy is that you forfeit earned but unused time at termination, that's legal.

My employer is not following their policy. The policy states that your manager approves or disapproves vacation, and my vacation was approved. I will not be forfeiting vacation at my termination date, I will be using it before then.

'HR notified me that company policy prohibits me from using that time off. The employee agreement states that I will not be compensated for any unused time-off should I leave the company."

If company policy does nto permit you to use that time once you have given notice, which is not uncommon and not illegal, then I venture to suggest that you will NOT be using that time before you leave.

cbg said:

'HR notified me that company policy prohibits me from using that time off. The employee agreement states that I will not be compensated for any unused time-off should I leave the company."

If company policy does nto permit you to use that time once you have given notice, which is not uncommon and not illegal, then I venture to suggest that you will NOT be using that time before you leave.

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Company policy does not permit me to be paid for that time once I have left, it does not say anything about not being able to use that time once I have given notice.

Evidently HR thinks it does.

cbg said:

Evidently HR thinks it does.

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Obviously the company policy is being interpreted in 2 different ways. Do I have a legal case?

I sure don't see one.

cbg said:

I sure don't see one.

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I guess that's what I get for being nice. Next time I won't give 6 weeks notice and allow my manager to plan resources appropriately. Thanks for your help.

Yes, that would probably be your best bet.

update: my employer is now letting me use my vacation