can earned vacation time be taken away from an employee in new York state

works for a bank in Delaware county new York. what happened the bank added more work details to meet a deadline and the bank decided that in order to meet deadlines all vacations will be eliminated!

1 answer  |  asked Dec 3, 2014 07:30 AM [EST]  |  applies to New York

Answers (1)

Jim Barna
Unlike most states, in New York vacation benefits are not considered to be part of an employee's compensation, so if the employee does not have a contract of employment, and is not a member of a labor union, the vacation pay policy can be changed or eliminated at will by the employer. The employee can demand to be made whole for the loss of vacation, but if that is denied, the employee's only recourse is to leave the bank's employment.

Let me know if you have an employment contract or are a member of a union.

Jim Barna, Esq.

posted by Jim Barna  |  Dec 3, 2014 07:55 AM [EST]

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