Legal Question in Employment Law in Pennsylvania
Employee rights according to the company Employee Handbook
I started working for WESCO in January 1998. I received 10 days vacation for that year and every year after, until the end of 2004. In January 2005, I was told that I had 15 days vacation available to use for 2005. Well, my dispute is that I should have had 15 days vacation starting January 2004. Here is why: quoted from the Employee Handbook: ''Beginning the employee�s seventh (7th) full calendar year of service, the employee is entitled to 15 vacation days each year. Vacation is accrued at the rate of 1.5 days for each full month of employment during the calendar year.''
So,I figure If an employee starts working for WESCO in May 2000. The 1st full calendar year of service is 2001. The 7th full calendar year of service is in 2007. That employee would get 15 days vacation in January of 2007, which would accrue at a rate of 1.5 days per month during 2007. Well, I started working in January of 1998. My 7th full calendar year of service would have been 2004.(1st year of service beginning in 1998 since I worked January thru December in 1998, 2nd -1999, 3rd -2000, 4th -2001, 5th -2002, 6th -2003, 7th- 2004). Which means that I should have had 15days vacation in 2004, and I didn't. Do you think I'm right & What can I do?
1 Answer from Attorneys
Re: Employee rights according to the company Employee Handbook
The key is _FULL_ calendar year. If you started working on January 1, 1998 then I would agree with you. Not the first working day, but specifically on Januray 1. But my guess is that you didn't for whatever reason. In that case the specificity of the employer's rules trump.
In any case, unless the handbook amounts to a contract or you are under a collective bargaining agreement (you have a union) then the company is under no compunction to honor the vacation days policy anyway. In other words, Pennsylvania as are most states, is an employment-at-will state. The employer or you can terminate the relationship for any reason or no reason whatsoever with very few protections (excluding discrimination, fraud, or contractual agreement).
If you need the extra days then you always offer to buy them from your employer. This is a fairly common practice and the fee is usually less than 2% of your annual income for five extra days (which works out to a week's wages and benefits).
I hope this answer helps. If I can be of further assistance on this or any other legal matter then please contact me at [email protected].
Regards,
Roger Traversa
Arjont.com
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