Will I be paid for accrued vacation that I haven’t used if I quit my job?

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Will I be paid for accrued vacation that I haven’t used if I quit my job?

I have work for this company for 18 years in NY. I have accrued 3 weeks paid vacation.

Asked on April 12, 2019 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In NY, an employer need not provide vacation, so it is generally free to impose any conditions that it chooses regarding such a policy. Therefore, whether an employer is required to compensate workers for any earned but unused vacation time is up to the employer.  This is true uness there exists a union a/employment agreement to the contrary. Also, not providing vacation pay to a departing employee must not be due to some form of legally actionable discrimination. So, for example, if all men have been paid for such time, then all women must be as well.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In NY, an employer need not provide vacation, so it is generally free to impose any conditions that it chooses regarding such a policy. Therefore, whether an employer is required to compensate workers for any earned but unused vacation time is up to the employer.  This is true uness there exists a union a/employment agreement to the contrary. Also, not providing vacation pay to a departing employee must not be due to some form of legally actionable discrimination. So, for example, if all men have been paid for such time, then all women must be as well.


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