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I quit and they didn’t pay my vacation time, now they will only pay 2/3. Can they do this?

I quit my job a little over a month ago and I still haven't been paid for my accrued vacation time so I emailed HR. They replied that they are sorry it was “definitely an oversight on our end.” I doubt it was an oversight as leadership likes to walk around the building explaining “it's better to ask for forgiveness” as a response to several customer contractual obligations… Over sight or not, is not the problem. In the same email HR wrote out the calculation for how much they will pay me at the next regular payment date. It went like this: Accrued Hrs = Y Y x 2/3 = Vacation Hours payable x hourly rate. I asked why am I only being paid for 2/3 of my hours, and got this response: “See Flex Time Policy attached and the explained 2/3 reduction below. Let me know if you have any…


I quit my job a little over a month ago and I still haven't been paid for my accrued vacation time so I emailed HR. They replied that they are sorry it was “definitely an oversight on our end.” I doubt it was an oversight as leadership likes to walk around the building explaining “it's better to ask for forgiveness” as a response to several customer contractual obligations… Over sight or not, is not the problem.

In the same email HR wrote out the calculation for how much they will pay me at the next regular payment date. It went like this:

Accrued Hrs = Y

Y x 2/3 = Vacation Hours payable x hourly rate.

I asked why am I only being paid for 2/3 of my hours, and got this response:

“See Flex Time Policy attached and the explained 2/3 reduction below. Let me know if you have any other questions.

  Upon termination of employment, employees will be paid for two-thirds of the unused flex-leave that has been earned through the last day of work. This is the segment that is intended to be devoted to vacation time. The other third is allocated to sick leave.”

First, this information came straight out of the handbook. I don't typically sign handbooks, I just ignore it until they forgot about it. In this case I'm not sure if I signed it or not. Does that even matter? This is in Pennsylvania, I know the State says vacation time must be paid, but does that apply to sick time, and can they just designate that there is a difference between sick/vacation at payout? There is no way for me to designate one from the other when I used “flex time” on my time sheet, and if I could I would have used sick time, as I was out sick myself, and with a sick child.

I haven't responded to their explanation yet, please help!

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