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paying out vacation time New York

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  • paying out vacation time New York

    Hello. I am leaving my job after 5 years to go back to school for an MS. Is my employer obligated to pay out my remaining vacation time for this year? Its a small company with only 3 to 4 employees.

    Thanks,
    bn

  • #2
    Only if the company's vacation policy provides for it. The law in NY does not require unconditional payment of accrued vacation at termination; only that the company comply with its own policy.
    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
      Actually, NY's law is slightly different from that of most states with conditional payout. In NY, the employer has to pay out earned but unused vacation UNLESS there is a policy that specifies that it will not.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Yes, then it is. Thanks, cbg.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thanks. Thats very helpful.
          Is there any place where this law can be viewed online?

          Thanks,

          bn

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          • #6
            Q: When an employee resigns -- or is discharged -- from a job, is the employer required to pay the employee for any accrued, unused vacation time? A: Whether an employer is obligated to pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held [in 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)] that an agreement to furnish benefits or wage supplements, such as vacation, can specify that employees forfeit accrued benefits under certain conditions. To be valid, the employer must have notified employees, in writing, of the conditions that nullify the benefit. If an employee has earned vacation time -- and there is no written forfeit policy, the employer must pay the employee for the accrued vacation.
            http://www.labor.state.ny.us/workerp...ds/faq.shtm#10
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              How long to pay?

              Hi,
              Does anyone know how long an employer has to pay the accrued vacation pay after the employee has left his job? I left my position on May 8th and my former employer says he is still working with the corporate attorney regarding this issue.

              Thanks,
              Gail

              Comment

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