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Vacation Pay Question? New York

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  • Vacation Pay Question? New York

    I do understand that an employer is under no obligation to offer an employee a paid vacation. But, If the employers written policy to pay an employee a paid vacation (2 weeks after 1 years service). Can he reneg on that even If you meet the requirements. Here is the problem. I started with company A in Nov of 2004. In Nov of 2005 I was given 2 weeks paid vacation. In addition I was given an averaged accrual to the 1st of January. That is done for ease of paying vacations. They are reset the 1st of January. Be that as it may. I made my second year with company A on Nov 2006. For all intents and purposes I more then likely will be terminated before the 1st of the year. (Right before they reset the vacations on the employees paystubs). seeings that I made my second year. And it is a written policy. Are they under any obligation to pay me for that earned vacation time? This same company, as soon as a coworker wanted to take his vacation (Earned by this companies policy) They suspended him. For some nonsense. It is time for a new job. Do I have any recourse on this, If and when they let me go and they tell me they are not obligated to pay me for my second years vacation?

  • #2
    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.
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