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Assembly Bill A11198

2025-2026 Legislative Session

Requires employers to pay employees accrued but unused vacation, paid time off, or other paid leave provided upon separation from employment

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Current Bill Status - In Assembly Committee

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2025-A11198 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §191, Lab L

2025-A11198 (ACTIVE) - Summary

Requires employers to pay employees accrued but unused vacation, paid time off, or other paid leave provided upon termination, resignation, retirement or other separation from employment.

2025-A11198 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11198
 
                           I N  A S S E M B L Y
 
                                May 1, 2026
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to requiring employers to pay
   employees  accrued  but  unused vacation, paid time off, or other paid
   leave provided upon separation from employment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  191  of the labor law is amended by adding a new
 subdivision 4 to read as follows:
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  UPON
 TERMINATION,  RESIGNATION,  RETIREMENT  OR OTHER SEPARATION FROM EMPLOY-
 MENT, AN EMPLOYER SHALL PAY TO THE EMPLOYEE ALL ACCRUED BUT UNUSED VACA-
 TION LEAVE, PAID TIME OFF, OR OTHER PAID LEAVE PROVIDED PURSUANT TO  THE
 EMPLOYER'S  EMPLOYMENT  AGREEMENT,  CONTRACT  OR  POLICY. ANY EMPLOYMENT
 AGREEMENT, CONTRACT OR POLICY THAT PURPORTS TO  WAIVE  OR  FORFEIT  SUCH
 PAYMENT  OF  ACCRUED  BUT  UNUSED VACATION LEAVE, PAID TIME OFF OR OTHER
 PAID LEAVE SHALL BE DEEMED VOID. SUCH PAYMENT SHALL  BE  MADE  NO  LATER
 THAN THE EMPLOYEE'S NEXT REGULAR PAY DAY FOR THE PAY PERIOD DURING WHICH
 THE  SEPARATION  OCCURRED.  FOR  PURPOSES  OF THIS SUBDIVISION, VACATION
 LEAVE, PAID TIME OFF OR OTHER PAID LEAVE  SHALL  BE  DEEMED  ACCRUED  IN
 ACCORDANCE WITH THE EMPLOYER'S WRITTEN POLICY OR, IN THE ABSENCE OF SUCH
 POLICY,  ON  A PRO RATA BASIS BASED ON THE EMPLOYEE'S LENGTH OF SERVICE.
 FAILURE TO MAKE SUCH PAYMENT SHALL BE DEEMED A FAILURE TO PAY WAGES  AND
 SHALL BE SUBJECT TO PENALTIES UNDER THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law and shall apply to agreements entered into,
 modified, or renewed on or after such effective date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15653-01-6

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