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New York PTO laws - vacation payout and accrual rights
What New York law says about paid time off payout and accrual
New York does not require vacation payout by law
No state mandate but employer policy enforced
New York PTO law overview
New York requires paid sick leave for all employers but does not require vacation payout by statute. New York's wage payment laws enforce written vacation payout policies. New York City has additional paid leave requirements.
New York City's paid sick leave requirements are more generous than the state minimum. While New York does not mandate vacation payout by statute, written employer policies promising vacation payout are enforceable as wage agreements.
Governing law
New York PTO and vacation law is governed by New York Paid Sick Leave Law Labor Law 196-b (NY Lab. Law § 196-b). The official authority for New York wage and hour enforcement including PTO disputes is the New York State Department of Labor.
Official sources for New York PTO law:
- New York State Department of Labor — New York wage and hour enforcement authority
- U.S. DOL Fact Sheet - Vacation Pay — federal guidance on vacation pay requirements
- SHRM - State Vacation Pay Laws — HR reference for state payout requirements
Data: NY Lab. Law § 196-b. Last verified: 2026. PTO laws change. Consult an employment attorney for advice specific to your New York situation.