Vacation or Paid Time Off

Although employers are not required to provide vacation benefits or paid time off (PTO), if they do, they must follow the law. If you have experienced any of the following, you might have a claim:

  • Your employer reduces any earned vacation benefits during your employment;
  • Your employer reduces any earned vacation benefits at the end of your employment;
  • Your employer has a “Use It or Lose It” vacation benefits policy;
  • Your employer reduces any earned PTO (including sick days) during your employment;
  • Your employer reduces any earned PTO at the end of your employment;
  • Your employer restricts your use of paid sick leave to only certain times, or,
  • Your employer doesn’t provide you any paid sick leave (New York City only).
Once you earn vacation time or PTO, it is just like any pay you’ve earned that cannot be taken away.

Once you earn vacation time or PTO, it is just like any pay you’ve earned that cannot be taken away. When you quit or are fired or laid off, you are entitled to receive, as part of your final paycheck, the money value of all earned and unused vacation time. Accordingly, if you believe that your employer has not complied with the applicable laws governing vacation time and PTO, you could have a claim.

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