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NY State Accrued Vacation Time Pay

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  • NY State Accrued Vacation Time Pay

    I've been with the company for 2 years and 9 months and have accrued 18 days of vacation , which I was not allowed to take because there was too much work to be done. After I handed in my resignation, my company asked me for information relating to my job which I provided. At 4:45 PM on my last day my supervisor met with me and informed me that the information was insufficient and they would be withholding my accrued vacation and that I would be docked for two days of work. I believe I provided sufficient information and this is unfair. Am I required to provide any information after I leave? Is it illegal to withhold accrued vacation pay after a person resigns? Can you please advise?

  • #2
    New York law requires only that the company comply with its own policies regarding the payout of accrued vacation at termination. What does the company policy say?

    More troublesome to me is that you were "docked" pay for two days. What was the explanation behind that?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      The only thing in the employee handbook regarding leaving is giving proper notification, which is 2 weeks. I gave my resignation in for the required time. The explanation behind the 2 days was that I was being resistant about giving them the information they needed.

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      • #4
        Since there is no criteria to be met in the policy that you appear to have not met, I would file a claim with the NY Dept. of Labor for your accrued vacation. I would note, however, that the state DOL limits claims to workers earning $700/week or less. If you earned more than that, you will have to file a civil suit.

        If you were an exempt employee, I would also take a shot at recovering the two days of docked pay. It is now allowable under the FLSA to suspend, without pay, an exempt employee for disciplinary reasons for a full day or more, when the employee knowingly violatied a company policy that was known and disseminated. It doesn't sound like that happened in your case. If you were nonexempt, they have no legal obligation to pay you for the days you did not work.

        Good luck.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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