Possibly leaving a long time employer

[kevinryan]

I've been employed by a state agency for 17 years and have the option of changing agencies. I'd like to be sure to either take my vacation/personal time or get repaid for the days.

I currently have 110 days of personal/short term leave and 40 days of vacation time.

Is it legal for me to take my vacation time while working for the second employer? Is there any recourse for getting paid for the short term leave or is that lost?

Any advice is appreciated.

 

[Peppermint]

That is strictly up to the agencies involved and, if applicable, any union agreement.

One exception exists, though, in relation to vacation ONLY. These two agencies are different employers? Not just separate agencies of the state? This is an important distinction.

 

[kevinryan]

Both agencies are different employers. Yes.

 

[Peppermint]

Then the law in NY is that, unless the employer policy is NOT to pay accrued vacation at termination, and that policy is disseminated and known to the employees, then the vacation must be paid.

Note that this law does not apply to sick time. That would be up to employer policy or CBA.