2 Questions.

Question 1.
I'm currently resigning from a position that I have a remaining vacation balance. Is it required for my company to pay out those vacation hours by law?

Question 2.
I've been away from my last job for 2.5 years, when I left I didn't ask for my vacation that I had remaining (3 weeks). Can I know go back and ask the HR dept. to pay our my vacation balance?

Please advise.

Thanks
Mitch

2) No.

1) It depends on the vacation policy. Some companies accrue vacation during the year. For example, my company provides 15 days and I can take those days in January if I want. However, the days accrue monthly so I get 1.25 days per month. So, if I did take the 15 days in January, then left at the end of June, I would owe them 7.5 days.

The usual way to handle this is to set your resignation date to accommodate the vacation. For example, lets say you are owed a week. Instead of resigning in 2 weeks, set your resignation date for 3 weeks. Then take the vacation that final week. You may sart the new job in 2 weeks so you will be getting double pay.

I know that my company provides pro-rata pay, we get holiday at the beginning of the year to spend. My contract ends in August and I'm expecting to get paid pro-rata for any holiday I have remaining.

Companies probably differ on their policy though.

Yes you should be paid out your accrued vacation with your final pay. You can ask your previous employer to give you your vacation due. If they don't pay you may need to go to the labor board for help.

That depends on company policy/ union contract or how the time is accrued.

Some companies have policies that causes you to forfeit any accrued and unused vacation time if you are discharged for cause. Further, some companies say you forfeit your time if you have not provided adequate working notice. So it all depends.

Absent the above, in NY, if you accrue vacation you have "earned" that time and are entitled to receive pay for that earned portion. Like JKB said, if this is t e case, you might have to contact the department of labor for assistance.

Actually there are state laws in place in many places, that require them to pay vaction pay ( not sick pay normally) that is earned. If you are to earn 4 days vacatoin a month, then if you have worked one month you would get the 4 hours pay.

Another method is to give notice at the end of your vacation period if they don't pay it in your state or company. For example our company pays it, in all 50 states, but in some states it would not be required.

What I have seen in many cases is that a person give notice and take their vacation at the end of their notice.