Holiday and Vacation Law Summaries
New York, Holiday and Vacation Law Summaries
New York's holiday law is codified in the New York Consolidated Laws Annotated, General Construction Laws, Section 24. The state's statutory provisions dealing with vacation are located in the wage payment law. Please refer to the wage payment law at ¶33-1200 for any provisions that may apply with respect to vacations.
COVERAGE
New York's holiday law covers only state government employees.
EXCEPTIONS
New York's wage payment law does not apply to governmental agencies (Labor Law, Sec. 190, as amended by S. 4155, L. 2001, effective August 6, 2002).
WHAT THE EMPLOYER MUST DO
Holidays.- The following days are holidays (Sec. 24):
January 1, New Year's Day;
third Monday in January, Dr. Martin Luther King, Jr.'s Day;
February 12. Lincoln's Birthday;
third Monday in February, Washington's Birthday;
second Sunday in June, Flag Day;
last Monday in May, Memorial Day;
July 4, Independence Day;
first Monday in September, Labor Day;
second Monday in October, Columbus Day;
November 11, Veterans' Day;
fourth Thursday in November, Thanksgiving Day;
December 25, Christmas Day;
noon until midnight on Saturday;
all general election days;
any day appointed by the governor or President of the United States.
It is the duty of the head of every public department and of every court of the state of New York, of every superintendent or foreman on the public works of the state, of the county officers of the several counties of the state, of the town officers of the various towns of the state, of the fire district officers of the various fire districts in the state, of the head of every department, bureau and office in the government of the various cities and villages in the state, and the officers of any public benefit corporation or any public authority of the state, or of any public benefit corporation or public authority of any county or subdivision of the state, to give leave of absence with pay for 24 hours on the day prescribed by law as a public holiday for the observance of Memorial Day and on the 11th of November, known as Veterans' Day, to every person in the service of the state, the county, the town, the fire district, the city or village, the public benefit corporation or public authority of the state, or any public benefit corporation or public authority of any county or subdivision of the state, as the case may be, who served in specified military-related activities, except where such action would endanger the public safety or the safety or health of persons cared for by the state, in which event such persons are entitled to leave of absence with pay on another day in lieu thereof (Public Officers Law, Sec. 63, as amended by S. 1313, L. 2001, effective January 1, 2002).
If any of the holidays enumerated above falls on a Sunday, the following Monday will be a legal holiday (Sec. 24).
Vacation.- Under the "wages" definition, vacation pay is included as a "wage supplement," and thus it may be due upon termination (NY LabLaw, Secs. 190(1) and 198-c(2)). Although, the case law has interpreted these statutes as to not include the time of payment of wages upon termination of employment; moreover, all that is required by section 198-c of the Labor Law is that an employer abide by the terms of his agreement to provide employee benefits, including vacation benefits (Glenville Gage Co. v. Industrial Bd. of Appeals of New York, Dep't of Labor, NYAppDiv 1979, 70 A.D.2d 283).
NOTICE
Vacation/holiday policies.- Every employer must notify its employees in writing or by publicly posting the employer's policy on vacation leave and holidays (Labor Law, Sec. 195).
POLICIES
Vacation/holidays.- Every employer must notify its employees in writing or by publicly posting the employer's policy on vacation leave and holidays (Labor Law, Sec. 195).
POSTING
Vacation/holiday leave policies.- Every employer must notify its employees in writing or by publicly posting the employer's policy on vacation leave and holidays (Labor Law, Sec. 195).
<p>Vacation/holiday leave policies.— Every employer must notify its employees in writing or by publicly posting the employer's policy on vacation leave and holiday</p>