Can you be charged for vacation time upon leaving w/ a Front Loaded vacation policy?

My company switched from an accrual based vacation policy to a "front loaded" policy. However, upon notice of leaving in March a colleague was asked to pay back a portion of that vacation she had used - but had not used all of her "front loaded" time. The organization provided written documentation of the change from accrued to "front loaded" but not any information about the "consequences" until after this person had left. Two questions: 1. Can they charge that employee? 2. Now 3.5 months into the year - after people have already taken vacation - can they institute this "consequence" of charging for lack of accrued time (even though it is no longer accrued time) legal? (asked another way : now that they have given this information in April, can someone be charged for the two week vacation they took in January - March even though they were given 4 weeks of vacation front loaded?

1 answer  |  asked Apr 19, 2018 1:24 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Does your question have anything to do with paid medical leave and an employer's obligations in New York State?

If so, the employee should consult with an employment lawyer immediately.

If no, is it simply a change in benefits policies affecting everyone prospectively?

Under what terms did this employee leave your employer? Why did they leave? What other arrangements, loans, etc... might they have made with this employer which you are not aware of? Have you seen the written notice provided to the employee?Did the employee receive salary advances, etc....?

The employee should consult with legal counsel to get all the relevant facts for an opinion they can rely on.

posted by V Jonas Urba  |  Apr 19, 2018 2:18 PM [EST]

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