If I was fired from my job, am I entitled to my accumulated personal time off?

Asked on July 13, 2015 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you would only be entitled to your personal time off IF you had a written employment contract giving you this time in the event you were fired, or if your employer voluntarily chose to give you the time. Otherwise the law does not require employers to pay out time off or otherwise give it to employees on termination of employment. The law does not require any paid time off at all--it is voluntary for employers to give it to their employees. Since it is voluntary for them, they are allowed to set the rules for it, including not paying it out or otherwise giving it on termination.


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