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Can I offer unlimited vacation time to my employees in New York? What are the requirements?
Offering Unlimited Vacation Time in New York
New York State law does not require employers to provide vacation time to their employees. However, if an employer chooses to offer vacation time, they must comply with the requirements set forth in the applicable regulations.
According to 4 NYCRR 28-1.2, employees who enter State service on or after January 3, 1957, shall earn and accumulate vacation credits at the rate of one-half day per biweekly pay period until such employee has completed seven years of continuous service. An employee shall not earn vacation credit for any biweekly pay period unless in full pay status for at least seven workdays during such biweekly pay period. Additionally, employees shall earn additional vacation credits upon the completion of each full year of continuous service.
Similarly, 8 NYCRR 337.2 outlines the accrual of vacation leave for employees not in the Professional Services Negotiating Unit. Full-time calendar year and college year employees shall be eligible to accrue credits for vacation leave at the rate of one and three-quarters days a month for each month or major fraction thereof during the term of their professional obligation. Part-time calendar year and college year employees shall be eligible to accrue such credits on a pro rata basis.
However, there are no specific regulations regarding offering unlimited vacation time to employees in New York. Employers are free to offer unlimited vacation time if they choose to do so. It is recommended that employers establish clear policies and guidelines for unlimited vacation time to avoid any confusion or disputes.
[2.1] states that academic year employees shall not accrue credit for vacation leave and shall not be granted any such leave.
Therefore, offering unlimited vacation time to employees in New York is not required by law, and employers must comply with the regulations regarding vacation time if they choose to offer it. Employers are free to offer unlimited vacation time, but it is recommended that they establish clear policies and guidelines for such leave.
Source(s):
Jurisdiction
New York