What is the status of an employers oral agreement to provide a particular fringe benefit?
Section 195.5 of the Labor Law states Every employer shall notify his employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours. If an employer does not have a written policy, the oral policy (or past practice) may be enforced — if the terms of the policy can be confirmed through an investigation. Moreover, violators of ยง 195.5 are subject to civil penalty. |top| Q: When an employee resigns — or is discharged — from a job, is the employer required to pay the employee for any accrued, unused vacation time? A: Whether an employer is obligated to pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held [in Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980)] that an agreement to furnish benefits or wage supplements, such as vacation, can specify that employees
Related Questions
- Vacation is considered a fringe benefit given by the employer, it is not required by law. Because of this the employer may say when it can and when it cannot be used.
- The employer is not following a particular provision of the collective bargaining agreement. Is that an improper practice?
- Can an employer pay for health care costs of an employee as a fringe benefit?
