Ending employment/NY/accrued vacation time

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

Under what circumstances, if any, does an employer have to pay accrued vacation time upon termination of employment in New York?

Company headquarters are in Nebraska, offices world-wide.
NY office more than 500 employees, if this matters.

Thank you in advance for your help.

Derby Girl

An employer in NY is not required under the law to pay out unused vacation time. However, the employer must have a written policy that is available to the employees spelling out the conditions under which unused vacation time will be forfeited; i.e., vacation will only be paid out to employees who give two weeks notice, vacation time will not be paid out period, vacation time will be paid out to employees who have worked for the company for two years or more, whatever.

If no written forfeiture policy exists, then the employer must pay out the vacation time.

Thanks cbg

Thank you cbg

I was hoping you would reply, since everything I read here from you is always very informative.

Side note, if I give 2 weeks notice, and it is refused (which is totally what I expect) then I have upheld my end, yes?

They are under no obligation to pay me for those 2 weeks I was willing to work, correct?

Thanks again,

Derby Girl

Thank you!

You are correct. If you give two weeks notice and they ask you to leave immediately, they have no legal obligation to pay you for the two weeks. I know of quite a few companies who will voluntarily do so, but it is not required by law.

In many states, you would be eligible for unemployment for those two weeks if they fail to pay your notice. I don't know if NY is one of them, but there would certainly be no harm in applying.

I was hoping you would reply, since everything I read here from you is always very informative.

Click to expand...

She's also cute as hell with that hair in a bun

cbg said:

Thank you!

Click to expand...

**Quite welcome.

cbg,

I am fairly sure that 2 weeks notice is required, as per company handbook, this is not a problem though since they never allow anyone to actually work those 2 weeks.
Unemployment is a non-issue since I have a way better job lined up, contract signed.

I just didn’t want to give them basically a week’s pay.

Thanks again for your help.

Regards,

Derby Girl

BelizeBreeze said:

She's also cute as hell with that hair in a bun

Click to expand...

Although I have no personal knowledge, I'm sure you are correct!

They cannot REQUIRE two weeks notice. They can REQUEST two weeks notice. They can even put it in the handbook that it's required. But what are they going to do if you call in and say, I quit, effective today? Fire you?

(And no, since the employee handbook is NOT a contract, they cannot sue you for not providing notice.)