Payout of Vacation time

HR in NY

I need your wisdom. We have an ee who gave her notice on 10/22 with her last day being 10/31. She has 88 hours of vacation time available. My boss does not want to pay her the 88 hours because she did not give a full two week notice. I feel we should pay her because she earned her vacation time on her anniversary which is 12/26. It's hers she earned it last December. Our employee handbook does say that upon a two week written notice you will receive all earned time. I am in New York State. Let me know what you think. As always thanks for your help.

Crout

You need to check your State law. In some states vacation that is "earned" or accrued is seen as deferred compensation and payable upon termination no mater what the cause, or how much notice was given. However, assuming that your policy is lawful, I would advise that you follow it.