Section 65.96. Calculation of vacation period

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The Department shall determine the number of days or weeks of the vacation period to which the vacation pay shall be applied by dividing the total amount of vacation pay by the regular full-time daily or weekly wage of the claimant. When the allocation of the payment is made on the basis of the number of days, the payment shall be apportioned to the customary working days in the calendar week.

The provisions of this § 65.96 adopted July 1, 1969.

Notation

Notes of Decisions

Calculation

Unemployment compensation Board was not able to reapportion yearly vacation pay between two periods since it had already made a finding of fact that excess earnings made in a particular month were allocable only to that month and as such the Board would be requesting an alternative factual finding unsupported by substantial evidence. LaSota v. Unemployment Compensation Board of Review, 547 A.2d 865 (Pa. Cmwlth. 1988).

                    
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