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Lawyers or HR people...a question
DH works for a grocery distribution warehouse. He's in the clerical department (non-union) and is leaving to start a job with the government on 2/9/12. He was told today that he wasn't entitled to be paid after he leaves for any vacation he hasn't used and if he takes any vacation (other than personal days) he will owe the company that money because he hasn't reached his anniversary date this year (it's in August). He e-mails HR and asks them if he can see this in writing and this is the response he got:
We don?t have anything specific in writing. We are governed by the way things are processed from Shared Services, which you are more than welcome to call should you have any additional questions.
Is this even legal? Maybe it's just because I work for a hospital that has a written and online policy and procedure manual that is available to employees 24/7. He did call the number they gave him and he's waiting for a payroll person to call him back.
Re: Lawyers or HR people...a question
that they don't have policies in writing is weird and will probably bite them in the butt eventually, but the policy itself isn't unusual. I don't think I've ever worked anywhere that paid out unused vacation time when you leave the company. I believe the company I work for now will not let you take vacation time after you've given notice, either.
ETA: at my current company, we accrue our vacation time throughout the year, which means that while I have 3 weeks "available" to me right now, I won't have accrued all 3 weeks until later in the year. If I used all my vacation before I accrued all of it (say, I went to Europe for 3 weeks in March) and then quit, I would have to pay back the vacation time I used but had not yet accrued, so what your H's company is saying is not unheard of.
Basially all of this. Could you provide more details as to the start date, number of days he was able to accue during the year (I assume he has been there for less than one year) and how many days he took.
Also, most jobs do you permit you to use any time once you give your notice.
But yes, paying back can be required.
Ths sounds fishy. I have always bee paid out unused vacation time, even crappy parttime jobs
Most states do not require PTO to be paid out. Many companies make it a policy though.
Also, no company is legally required to include PTO in a benefits/compensation package but many do to be competitive and to get and retain good employees.
It may be worth following up, but I really doubt there is any legal recourse in this situation unless he signed a contract (not likely) and this was explicitly spelled out (not likely either).
Thanks for your responses!
I'm not really arguing the fact that he's not getting paid for the vacation time, I've just never worked anywhere where you didn't get paid your unused vacation when you left (I've only ever had two jobs and they were both at hospitals, the PTO I earned was mine when I left as long as I gave proper notice). I didn't understand the whole accruing the time over the year and having to pay it back until my mom explained it to me eariler.
He would have been there five years in August. He has three weeks of vacation starting this year since he'd have been there five years. He hasn't taken any actual vacation so far this year so he's not going to have to pay them back (he does have his three personal days he's using and he is entitled to them even though he's leaving according to HR).
When he approached his boss and told her what HR said, her response was that that was what she was always told. I'm sorry, telling someone something and having it documented in a policy and procedure manual or employee handbook are two completely different things. I just think it's really bizarre that this isn't in writing somewhere. It's just like they can go around making up stuff as they please.
Per a quick google search it looks like PA is not a state that requires payment of vacation time upon separation from the company.
If it is not expressly written in the handbook, but are still consistent, that is probably legal. You could definitely consult an employment lawyer, but I doubt it would be worth the money. Though initial consultations are generally free.