Old policy stated in a company handbook that you had to work a full year to your anniversary hire date to be "entitled" to 2 weeks vacation. So at each anniversary, you're entitled to those 2 weeks in my opinion. That policy ran until December 31, 2018. So on my anniversary date in October 2018, I had 2 weeks accrued time in my opinion according to old policy. New policy took effect Jan 1, 2019, and they prorated our old policy's accrued vacation used and unused (I had used one week in December and had one left), they bumped all employees anniversary date to 1/1/2019, and years worked to the next year. Mine was 12 years in on my anniversary date in Oct, so now as of 1/1/19 I am at 13 years. We are getting 2 weeks for new employees and old ones and you accrue days based on years here. They are adding 1 day of vacation to each year worked after 5, but its capped at 4 weeks max. Old policy was 3 weeks max. However, they took back my accrued vacation on the old policy by prorating it from my anniversary date to end of year and merging it with the new policy. How can that be when I had to work a full year to acquire my 2 weeks. Those who quit during 2018, got paid off for unused days.
I have transferred your question from Employment Law to Employee Benefits Law. They should have an answer. I do know that in PA the company is under no obligation to pay your accrued vacation if you are fired or quit....UNLESS they have a policy or practice of doing that. Good Luck. At least you increased two extra weeks of vacation pay under the new policy.
I am licensed to practice law only in Pennsylvania and New Jersey. Therefore, my knowledge is based primarily on law in those two states and general and Federal legal concepts. My answering your question is offered only as a free courtesy to provide you with general non-specific information. It is intended to help you when you seek and find a local attorney licensed in your state. This answer does NOT create a client-attorney relationship nor create any expectation of confidentiality or privacy concerning your public post. My answer is based only on the limited facts/information that you have presented in your post. For any lawyer to give you full and reliable advice, would require at the least, full one-on-one dialogue(s) with questions and answers being exchanged and any evidence being presented. Before taking any action or deciding to take no action, I recommend that you consult with a local attorney(s) of your choosing; either private or with a non-profit organization that helps individuals without the means for hiring a private attorney. Good luck in your search to find a legal solution to your situation.
There is no law in PA about how the vacation must be paid. There is not even a requirement that the employer treat all employees equally for vacation pay. Likewise there is no federal law that covers this either.
The only remedy you have is if the vacation goes uppaid though it was promised, you may have a claim under the Wage Payment and Collection Law.
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