If I quit am I entitled to my unused vacation days?

The question of whether or not you’re going to get paid out accrued and unused vacation if you quit your job is really one that’s gonna be answered by the company policy. So New York has a general rule that employers should pay out accrued and unused vacation however that rule can be trumped by the policy. So you really need to look at the company policy and if the company policy says that they do not pay out accrued and unused vacation then they’re not required to obviously. If the policy says that they do they must and if the policy silent then they also have to pay that time out.

About the Author

Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.