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An employer in Pennsylvania does not allow unused PTO to be carried forward and does not reimburse for the time unused. Is this correct? Will this law be changing?

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  • An employer in Pennsylvania does not allow unused PTO to be carried forward and does not reimburse for the time unused. Is this correct? Will this law be changing?
Philadelphia has some mandatory sick leave laws. So, if you are in Phili, then these may apply to a bundled PTO program.
Outside of Phili, there are not any PTO mandates currently. PA is on the move in many areas and we are watching your state for overtime exemption issues. As of today, I have no information regarding mandates for a statewide PTO program. There is a discussion about mandating paid sick time statewide. However, this is very controversial in PA. So, we will keep watching.
Since PA laws are silent on your particular question, the issue is governed by your company policy. Be sure you have a written and acknowledged policy and procedure in place and then follow it for everyone equally. Across the country, courts have ruled that accrued time of any sort is considered earned and payable upon termination UNLESS a written and acknowledged policy exists BEFORE the issue becomes a question.

I hope this helps. Let me know if you have other questions.


October 2018

PA
Paid Time Off in PA
Paid Time Of in Pennsylvania
Paid Sick Leave
Philadelphia
PTO
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