Legal Question in Employment Law in New York

Can An Employer Take Back Fringe Benefits you HAve already earned?

I work for a nursing home. After my employer learned of FMLA recently they decided to change the vacation/personal/sick time policy. I had vac. and sick time already. As of the 1st of the year my employer changed it so that my time would be replenished at the beginning of the year. I had 42.60 hrs of sick time . The new policy reads that I should receive 45 hrs. I now have 45hrs of sick and a negative of 2.40 in my reserve. Basically what they did was move my already accumulated time (w/ the add'l 2.40hrs added)over and never gave me the new 45.00 hrs that I am suppose to receive at the beginning of the year. THEY ARE TRYING TO CLAIM THAT WE ARE NOT LOSING ANYTHING BUT HAVE ACTUALLY MADE OUT BETTER.

the same with my vacation time has happened. The only difference is that in the old policy my sick accumulates over time and my vacation is replenished on my anniversary date. My question is can this policy change take place at the expense of the employees. If the employee already has the time in his/her bank can the employer roll that time over and claim it is the time earned for the new year? Also, shouldn't the employer supply the employees with some definitive info about the new policy?


Asked on 2/28/05, 5:45 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Can An Employer Take Back Fringe Benefits you HAve already earned?

Generally not, especially if its a vested pension. With things like vacation and sick time, however, you will be governed by the terms of your employment contract, if you have one, and the law. If you don't have a written employment contract then your employer need only comply with the requirements of State and Federal Law.

The New York State Website has links to the various State agencies and laws; the Department of Labor and the US Deparment of Labor has a website that explains in detail questions about the FMLA.

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Answered on 3/01/05, 10:00 am


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