Legal Question in Employment Law in New York

Can they, legally, take back earned vacation time??

First off, let me state that I live in New York, but my company is based in Massachusetts. So, I am not sure which jurisditcion I fall under, but here is the question...Can my company, legally, take back ''unused'' vacation time? I was told that my 100+ hours of vacation time that I earned was not carrying into the new year (2004). For three months, since October 2003, I have made four written requests to use the vacation time(via company email, which I retained copies of) to management. I feel that I have made sufficient effort to utilize the time and it should not be forfeited. Do I have any legal ''legs'' to stand on with this situtaion as far as being entitled to the vacation time?


Asked on 1/02/04, 12:22 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Can they, legally, take back earned vacation time??

Do you have a contract? Does your company have an employment handbook, This may spell out your rights. If you do not, "vacation" is not legally considered compensation, but rather is a benefit. That is something a company provides, but is not legally obligated to do so. You do not have an automatic legal right to roll over vacation time or collect it as a paid bonus to actual time worked.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 1/05/04, 9:28 am


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