Vacation

[Hanka]

NJ

Hello!

I am employed for more than a year in a small company located in Manhattan, NY. Our company doesn't have any written rules and when I was hired I didn't sign any agreement. When I was hired, I was told that I will get my vacation of ten days after a year working for the company. What I heard is that now, after a year of working for the company, I deserved already my 10 days of vacation and right now I am already earning my vacation for next year.

My question is, is the previous comment correct? Is that right that for example in case that I will not take any vacation until October (I will be working here for 1.5 years at that time) and I will quit in October, the company must pay me for these 10 days of vacation and also for the days that I worked extra after the first year (6 months - 5 days)? So they will have to pay me for 15 days of vacation?

Thanks a lot for your advice.What is the name of your state?

 

[cbg]

The law does not dictate to the employer how he must accrue vacation. It is entirely up to the employer how vacation is accrued and whether it is accruing for the current or the next calendar year.

That being the case, we don't know whether what you were told is correct or not. All I can tell you is that in NY, your employer has to pay out whatever time is accrued at the time of termination UNLESS there is a written policy that says otherwise; but, how much time that will be is determined by company policy, not law.

 

[Hanka]

Thank you very much for your quick reply. The thing is that our company doesn't have ANY written policy (or at least nobody ever saw any policy). And as well as I know my boss, I will never see any dollar from him, if I don't ask for it. And I am still not sure, if there is anything I can ask him about. If there is no company policy, does the company have to obey any law? Or is my vacation lost for ever?

I will be definitely quitting at the end of October, because I am pregnant and there is no way I could stay employed in this company and have a child at the same time. And again there is no written policy in our company, so I don't know anything and my boss would never give me anything extra.

Thank you for your reply.

 

[rlrl]

if there was no written policy...

then they don't have to give you the accumulated pay. however sometimes employers use it as a negotiating tool such as if you give them 2 weeks notice before departing they will pay you or if you agree to stay a bit longer they will pay you...

 

[ecmst12]

Or just make sure you use your vacation time before you quit, so you don't lose it

 

[cbg]

Actually, rlrl is incorrect. S/He would be correct in many states, but not NY. In NY, the employer has to pay unused vacation UNLESS there is a written policy that says they won't.

However, I admit that without a written policy, it's going to be difficult to determine how much time is owed.