Can a company whose employees have accumulated a certain amount of vacation hours suddenly abolish these benefits when a new owner steps in?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a company whose employees have accumulated a certain amount of vacation hours suddenly abolish these benefits when a new owner steps in?
I work at a nursing home which has 6 or 7 other sister facilities. Last week it was announced that all of our accrued vacation time will be diminished to zero and will be paid out only in half. The managers are loosing 75% of their vacation time. It is my understanding that the employees at the other sister facilities have lost all their vacation time. Is this legal?
Asked on December 29, 2011 under Employment Labor Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In a situation where there is vested vacation hours for an employee at work, the employee is entitled to all of the vacation hours as pay if time is not taken or the actual vacation hours even if the new employer decides to end the policy of giving vacation time to the employees.
It is fine for a new employer to end vacation accumulation as a benefit for work, but written notice has to be provided the employees and all accrued vacation time must be provided with no discount. Either the employee gets the vacation time or he or she gets full payment for the vacation time that is earned.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.