Does my employer have to pay me for accrued vacation when I resign?

I resigned from my employer and was expecting to get 9.5 days of pay when I left. Employer has stated to me that I have accrued 9.5 days of paid time off, but their policy is to only pay 5 days. I have no employment handbook. I have never seen this in writing. Is this legal?

1 answer  |  asked Nov 7, 2009 5:19 PM [EST]  |  applies to New York

Answers (1)

Jeanne M. Valentine
It will depend on your position and other circumstances. Read below, and if you feel your employer still owes you the 9.5 hours, go to http://www.labor.state.ny.us/formsdocs/wp/LS425.pdf and submit a claim.

Section 195 of the New York State Labor Law provides that "Every employer shall notify his employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours." To assist employers in complying with this provision, the Division of Labor Standards has issued the following guidelines:

An employer shall distribute in writing to each employee, the employer's policy on the above enumerated items. The employer upon the request of the Department, must be able to affirmatively demonstrate that such written notification was provided to employees by means which may include, but not be limited to, distribution through company newspapers or newsletters or by inclusion in a company payroll.

Labor Law 191(3) requires that upon termination of employment, employers must pay employees their “wages not later than the regular pay day for the pay period during which the termination occurred....” Under 190(1), “wages” also includes “benefits or wage supplements as defined in section one hundred ninety-eight-c of this article, except for the purposes of sections one hundred ninety-one and one hundred ninety-two of this article.” Section 198-c(2) provides: “As used in this section, the term ‘benefits or wage supplements’ includes . . . vacation, separation or holiday pay.”

BUT Section 198-c does not apply to “any person in a bona fide executive, administrative, or professional capacity whose earnings are in excess of nine hundred dollars a week.”

Feel free to contact me directly if you need further help. www.hudsonvalleyemploymentlaw.com

posted by Jeanne M. Valentine  |  Nov 8, 2009 06:59 AM [EST]

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