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Carryover PTO in New York: Do I Have a Case? New York

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  • Carryover PTO in New York: Do I Have a Case? New York

    Hi all,

    I will soon be leaving my job in New York, and wondering if I have a legal basis to claim unused vacation from last year. Here are the pertinent details... While my employee handbook makes no mention about a carryover policy, and while another employee was recently told that they do not carryover, when I look up the amount of my paid time off on the web portal of our PEO, I am given numbers for both my carryover hours and my YTD hours. Could this possibly constitute a solid case that I am, indeed, entitled to compensation for unused carryover vacation at the time my employment ends? Is it possible that the PEO's statement of carryover hours, which may have been made in error, could prevail over the employer's verbal statement that they don't carry over vacation time?

    Thanks in advance!!

  • #2


    • #3
      No, it's not a slam dunk case that you would be entitled to pay for last year's unused PTO. From the NY Department of Labor site:

      Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit.
      I am not able to respond to private messages. Thanks!


      • #4
        Thanks for your response, Marketeer!


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