PTO and sick time

[isis297]

What is the name of your state? NY

1. If am employee has accrued vacation time, can the employer decide that starting in January they are just going to reset everybody and give them all a set amount of time based on their tenure? One person has over 80 hrs accrued. Another has over 200 hrs. Obviously nobody is happy.

2. I thought a certain amount of sick days had to be given in NY if you have over a certain number of employees. That is separate from vacation time, is it not?

 

[cbg]

1. NY laws on vacation time are just a little bit different than in most states. For the most part, NY is what's called a follow-your-policy state. An employer can have pretty much any policy they want, but once it is established they have to stick to it. HOWEVER, that does not mean that a policy cannot be changed. It can. It's just that in NY, the employer must make an employee aware of the new policy and it should be clearly stated, preferably on line or in writing.

2. https://www.ny.gov/programs/new-york-paid-sick-leave

 

[isis297]

1. NY laws on vacation time are just a little bit different than in most states. For the most part, NY is what's called a follow-your-policy state. An employer can have pretty much any policy they want, but once it is established they have to stick to it. HOWEVER, that does not mean that a policy cannot be changed. It can. It's just that in NY, the employer must make an employee aware of the new policy and it should be clearly stated, preferably on line or in writing.

2. https://www.ny.gov/programs/new-york-paid-sick-leave

I completely understand they can change policy. My question is can they wipe away time already accrued under the old policy?

I'll look at the link now. Thank you.

 

[cbg]

They can if that is what the policy says. NY permits use it or lose it policies as long as the policy clearly states the terms under which the time can be lost. If that means the slate is wiped clean at the end of the year and the time begins to reset, that is legal in NY as long as the policy so states.

 

[isis297]

They can if that is what the policy says. NY permits use it or lose it policies as long as the policy clearly states the terms under which the time can be lost. If that means the slate is wiped clean at the end of the year and the time begins to reset, that is legal in NY as long as the policy so states.

Under the current policy for 2025, they did NOT have use it or lose it as the policy and time was accrued. Going into effect January 2026, they will start front loading the PTO and that is when they are wiping everybody's accrued time. They were just told this today which gives nobody time to use the time they have before the end of the year.

 

[cbg]

That is not an inherent violation of the law because they have notified you of the change. I did not find anything in the NY statutes that said they had to give you time to use the accrued time before changing the policy. If you are convinced that there is a violation you can always call the state of NY DOL but I'm just not seeing any violation. It would be in some states, including mine. It does not appear to be a legal violation in NY.

I don't blame you for being upset; I wouldn't like it either. But our not liking it doesn't make it illegal.