Denial of Accrued Sick Pay and Accrued Vacation Pay

[theoldiesguy]

My jurisdiction is: New York, USA

I was employed by a handicapped transportation business located within the State of New York and within the county of Suffolk. It is not a union shop.

On Friday November 7, 2008 I was told that my employment was terminated, effective immediately. I received my final payroll check on that day.

During the term of my employment, each year, I accrued "sick time" and vacation time. At the time of my termination I carried five (5) sick days and ten (10) vacation days. Collectively they are worth a considerable sum.

I asked the employer for payout for the remaining sick time and vacation time.

The employer told me that "if you are terminated we don't pay you for them."

My question is, can they get away with this? Should I pursue this matter through the NYS Department of Labor or am I better off bringing an action in Small Claims Court?

Thank you for any guidance which can be provided!

 

[cbg]

There is no state where the law requires that unused sick time be paid out in the absence of a legally binding contract, policy or CBA that says otherwise.

As far as vacation time is concerned, in NY it depends on how the company policy reads. If there is a policy that unused vacation must be paid out, then it must. Likewise if there is no policy addressing it at all, then it must. BUT if there is a policy that unused time will NOT be paid out, or spells out circumstances under which it will be forfeited, then the policy is legal and the employer need not pay it.

 

[theoldiesguy]

There is no state where the law requires that unused sick time be paid out in the absence of a legally binding contract, policy or CBA that says otherwise.

As far as vacation time is concerned, in NY it depends on how the company policy reads. If there is a policy that unused vacation must be paid out, then it must. Likewise if there is no policy addressing it at all, then it must. BUT if there is a policy that unused time will NOT be paid out, or spells out circumstances under which it will be forfeited, then the policy is legal and the employer need not pay it.

Thank you for your speedy response! Steve T. (theoldiesguy)