Article

Nicole quit and now wants her unused time paid out

 

Provided by:  Jennifer Kirschenbaum, Esq.

February 21, 2019

 

Question: 


Hi Jennifer,

Nicole quit and did not give us two weeks notice head of time to prepare for her departure. She asked for unused vacation pay, saying someone told her by New York State law she is entitled to any leftover vacation pay even if she was not fired.  

I would like to know is it correct that by New York State Law that an employee is entitled to get pay for unused vacation doesn't matter that he or she quits or gets fired? 


Thanks, Dr. K

 

Answer:

 

The below is from K&K's Healthcare team member, Michael Foster, Esq. -
 
It depends on what your established policy is. Under NY Labor Law § 198-c,  an employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it.   An employer is also required to pay accrued vacation leave upon separation from employment if the employment contract and employment policies (including Employer's handbook) are silent on the matter.  An employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it, so long as employees are given prior notice of the policy.  For more information, check out the DOL's site at: https://www.labor.ny.gov/frequently-asked-questions.shtm

For assistance with your employment contracts, offer letters, employee handbook or policies, contact Michael, Jennifer or Taryn, or check out Employee Handbooks at our K&K Compliance page.  

Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!
Nicole quit and now wants her unused time paid out - February 21, 2019 - Jennifer Kirschenbaum

Article

Nicole quit and now wants her unused time paid out

 

Provided by:  Jennifer Kirschenbaum, Esq.

February 21, 2019

 

Question: 


Hi Jennifer,

Nicole quit and did not give us two weeks notice head of time to prepare for her departure. She asked for unused vacation pay, saying someone told her by New York State law she is entitled to any leftover vacation pay even if she was not fired.  

I would like to know is it correct that by New York State Law that an employee is entitled to get pay for unused vacation doesn't matter that he or she quits or gets fired? 


Thanks, Dr. K

 

Answer:

 

The below is from K&K's Healthcare team member, Michael Foster, Esq. -
 
It depends on what your established policy is. Under NY Labor Law § 198-c,  an employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it.   An employer is also required to pay accrued vacation leave upon separation from employment if the employment contract and employment policies (including Employer's handbook) are silent on the matter.  An employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it, so long as employees are given prior notice of the policy.  For more information, check out the DOL's site at: https://www.labor.ny.gov/frequently-asked-questions.shtm

For assistance with your employment contracts, offer letters, employee handbook or policies, contact Michael, Jennifer or Taryn, or check out Employee Handbooks at our K&K Compliance page.  

Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!