Q. Under New York law, must an employee who works part of the year be paid a prorated vacation?
A. New York law requires employers to put their vacation policies in writing. Employers are free, however, to define the vacation benefit as they wish.
For example, if a vacation policy provides two weeks of vacation after one year of service, it is advisable to provide that the employee must work at least one day in the second year to be eligible for any vacation. Failure to set forth this eligibility (or forfeiture) requirement will require prorating the employee’s vacation.