NY Vacation at Termination--quick answer, please

Paige

In the state of NY, are employers required to pay out unused vacation at termination? Any other accrued paid time off required to be paid out?

marc

Answers about vacation pay-outs are state law specific. Call your New York DOL to find out for sure.

Here are a couple of examples. In Nevada, you do not have to pay out unused vacation, unless it is your company policy to do so. CA requires you to pay out earned vacation.

SMace

Q. Must an employer pay employees for holidays, sick time, and/or vacations?

A. Under the New York State labor law, payment for holidays, sick time, or vacation — that is payment for time not actually worked — is not required unless the employer has established a policy to grant such pay. When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose.

Fringe benefits may include reimbursement of expenses or tuition, health coverage, and payment for sick time, vacation, personal leave, and holidays.

Termination of Employment

If an employee is terminated, all wages due must be paid by the next regular payday. Payment may be made either through regular pay channels or by mail if requested by the employee.