When employees resign — or are discharged — from a job, must the employer pay them for any accrued, unused vacation time?
Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See 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).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit.
- When an employee resigns -- or is discharged -- from a job, is the employer required to pay the employee for any accrued, unused vacation time?
- Is an employer required to pay an employee unused vacation or other accrued leave upon termination of employment?
- Is An Employer Required To Pay Employees For Unused Sick Leave When They Quit Or Are Discharged?