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Category: Employment Law
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Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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What is the statute of limitations for unpaid vacation leave

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What is the statute of limitations for unpaid vacation leave in New York?

Thank you for your question. Just to be clear did the employer have a written policy that says that unused accrued vacation leave would be paid upon termination? If not, was the vacation policy silent on what happens at termination with unused accrued leave?
Customer: replied 3 years ago.
Employer has no written policy but signed an employment contract with employee for 5 weeks. Only 3 were given. Employee has not been fired but is worried that if she asks for the money, she will be.
Hello again and thank you for your reply. To directly answer your question, in NY the statute of limitations for wages owed, including any accrued unused leave, is 6 years. The statute is NY Labor Law § 198.

Since you have an actual contract that guarantees the 5 weeks, if you are not given those 5 weeks, then you could file suit for the other weeks you were not given. Normally though without a contract,and only a policy, an employer may change the leave policy going forward whenever they deem appropriate with notice.

An employer may not lawfully take an adverse employment action against an employee who asserts their rights under a contract or wage laws.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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