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accrued vacation

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Rabelais

Junior Member
What is the name of your state? New York

My friend has worked 10 months at this company and just gave 1 months notice. She has already taken 5 vacation days and had scheduled 5 to take during this month (the employer is aware of the scheduled vacation.) Here is the wording of the signed employment contract. There is no employee manual and this is a small business (< 10 employees), but not financially strained.

You will receive two paid vacation weeks and ten paid government holidays. Vacation will be accrued one day per month therefore the first weeks vacation will be earned at the end of 6 months, the second weeks vacation earned at the end of twelve months.​

The employer requests a meeting with the accountant and my friend. We presume it is to say that she has not earned the vacation and therefore will not be paid for it and cannot take it.

I understand what the employer was trying to get at b/c I used to manage a small business: 'you have to work 6 months to accrue your first week'. However, it is very unclearly written and implies 6 days of vacation in a week.


A few questions:

1. Is my friend eligible for 5 more days?

2. If so, can my friend take those days as her last days or have them paid to her on her last day?

3. Even if it were written more clearly, are you allowed in NY to accrue vacation like that? Not sure about NY, but in CA you could have an accelerated accrual, but not a 6 months/6 months accrual.

Basically, you can twist that wording in many different directions. My friend would like to resolve this without going to court, if possible, and would love your advice, in order to be more prepared for the ensuing discussions.

Thanks in advance.
 


cbg

I'm a Northern Girl
1. As I read the policy, no, she is not.

2. N/A. However, even if she was entitled to them, it is up to the employer, not the employee, when she gets to take them.

3. The policy as you have stated it here is legal in NY and in every other state I have ever done any work in with the possible exception of CA, and I'm not entirely convinced that it's not legal in CA.
 

Rabelais

Junior Member
Thanks for your posting. Couple followups:

1. Would she then be eligible for 1 more day, since she's only taken 5 and has worked over 6 months. It specifically says that she will accrue 1 day per month.

2. Since there exists this discrepancy (5 or 6 days in a week), it seems to me, that there could be a legal argument to be made that the clause is unclear and therefore, the '1 day per month' could nullify the earned part. If this went to court, could you see any reasonable line of argument in her favor?
 

cbg

I'm a Northern Girl
She might be able to try to make that argument. Whether it will fly is going to be determined by the state DOL (which would be the proper venue to argue this point, not the court.)

BTW, you should be aware that neither Federal nor NY state law requires them to pay out accrued vacation on termination.
 

Rabelais

Junior Member
Where can I find the actual laws pertaining to this issue? I've been trying to look at the NY State Department of Labor, but can't find the actual laws.
 

cbg

I'm a Northern Girl
You're making the same mistake a lot of people make. You're looking for a law that say, "The employer is allowed to..." whereas actually, it's the absence of a law that says, "The employer can't..."
 
T

taurus25

Guest
vacation pay in PA

Pennsylvania


I was recently terminated from my job after a year and a half and I am thinking about taking legal action. I was told that after my 1 year anniversary I would receive 1 week of vacation. This was done verbally when I was hired and affirmed in an e-mail after my anniversary (unfortunately I did not save my e-mail files before I left the company). I believe it is a well known company policy that all salaried employees are entitled to this benefit. I am not aware of any company policy that states that terminated employees forfeit their vacation entitlements. Am I entitled to be paid for that week of vacation time in addition to any other wages owed?
 

cbg

I'm a Northern Girl
Next time, start your own thread. Do not attach your question to someone else's post.

PA law requires only that company policy be followed. If they have traditionally paid out vacation to other similarly situated employees, then they must pay you. If they have not paid out vacation to others, they need not pay yours.
 

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