Provided by:  Jennifer Kirschenbaum, Esq.

February 21, 2019



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




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:

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.