Is there a cut-off that employees must submit their commuting expenses?

I see employees submitting expenses for from 3-9 months ago. Iv'e seen T & E policies state that if they are not submitted by the 5th business day of the following month the expenses are incurred - the employee will not be reimbursed. I just wanted to know is there a law that state a time limit an employee has to submit travel expense to a company or can the employees take expenses from January and submit them in December and be fully reimbursed?

Thank you.

1 answer  |  asked Nov 30, 2010 11:24 AM [EST]  |  applies to New York

Answers (1)

Jeanne M. Valentine
California is the only state that has any law specifically addressing an employer's obligation to reimburse employees. In NY, the Department of Labor requires that, while employers are not obligated to have a reimbursement policy, they must follow any policy in place. If the employer's policy is to reimburse certain expenses, then that must be done. The timing issue could go either way - the employee may admit being late but they are still owed the reimbursement. The employer may rely on its policy to keep from reimbursing the employee if expense reports are submitted late, but it is quite possible that a Department of Labor investigation would require payment anyway. Be sure that all employees are treated the same - do not excuse one late submission but deny another. Also, keep up on the employees - perhaps send an email every 30 days reminding the employees of deadlines for expense reports. Also, the employer is typically the party who fails to issue reimbursements on time, so be sure the employee cannot call the kettle black...

Good luck.

posted by Jeanne M. Valentine  |  Nov 30, 2010 11:52 AM [EST]

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