Buffalo, NY asked in Employment Law for New York

Q: If you quit your job while on short term disability is your employer required to pay out for accumulated vacation time?

Two weeks prior of my disability leave ended I notified my employer that I would not be returning. Is he still required to pay me for my accumulated vacation time?

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1 Lawyer Answer
James Francis Barna
James Francis Barna
  • Cazenovia, NY
  • Licensed in New York

A: New York law allows employers to specify whether vacation pay is paid out at the end of employment. If the employer has a policy (generally stated in its employee manual) that vacation pay is not paid upon ending employment then the employer does not need to pay accrued vacation pay. If this policy is absent, then the employer is required to pay accrued vacation pay.

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