Paying out vacation time upon leaving a job - NY

[laoghaire]

I began work at my current job in December of 2009. I was told upon hire that I get 5 sick days a year, and after 1 year of employment, I would receive 2 weeks paid vacation time. In addition, I was told that if I exceeded the 5 sick days, the employer would "borrow" from the next year's sick days. The job is salaried.

My two weeks vacation time was effective on January 1, 2011. A week later I resigned my position giving my employer 3.5 wks notice that I would be leaving. I asked my employer about paying out my vacation time, and he told me that because I exceeded 5 sick days in 2010, that he would not be paying out my vacation time since I "already used it." I know that I did exceed 5 days off in 2010. Aside from sick days, I also had an agreement with the employer at time of hire that I would get 5 days off, unpaid, for my wedding and my sister's wedding. My employer, however, paid me for those days, and all the other days that I took off sick. (I am unsure how many actual sick days I took, but I do not believe that it exceeded 7 or 8 total)

Can my employer not pay out my vacation time for 2011 because of sick time used in 2010? I am unclear how he could garnish vacation time that did not previously exist. I do not know what the employee manual says about these things, as we were not given copies of the manual and we are not allowed to see it.

 

[Peppermint]

Something isn't sounding right. You started in December of 2010? Was that a typo?

 

[laoghaire]

Yes, I'm sorry, that was a typo. I started there December 5, 2009.

 

[cbg]

Few if any employers give you your full year's vacation in a block on January 1. Most if not all employers have it accrue over time. If you became eligible for two weeks vacation on January 1, it's unlikely you had any accrued to be paid out a week later.

 

[laoghaire]

Few if any employers give you your full year's vacation in a block on January 1. Most if not all employers have it accrue over time. If you became eligible for two weeks vacation on January 1, it's unlikely you had any accrued to be paid out a week later.

Nope, got it in a block after one year of employment. No time is accrued at my job.

 

[Peppermint]

If you haven't seen the policy, how do you know? Just because you are allowed to TAKE the vacation as of January 1 doesn't automatically mean it is deemed earned and vested as of January 1. However, if you are correct, NY law is rather unique in that vacation remaining must be paid out unless there is a company policy that says it is not under the circumstances surrounding your separation from employment.

If you don't get it with your final paycheck, you can file a complaint with the state DOL. It either works or it doesn't.