Work Advice: Turning over old leave

Reader: I am getting ready to give notice at my employer in New York state. I planned to use my accrued vacation time during my last two days, because our handbook states that unused vacation time cannot be cashed out. Now I am being told that all employees must be physically present at the office on their last day, so I can't use leave on my last day of work. Even the HR manager acknowledges that this policy is not written anywhere. Is there any legal standing to this?

Karla: New York employers generally have a good deal of leeway in how they grant paid leave, says John Porta, a New York employment attorney with Jackson Lewis, as long as they put their policy in writing and it violates no federal or state laws. That's why, when Porta reviews employer handbooks, he spends most of his time pressing employers to provide details on how leave time accrues and any restrictions on its use.

In your case, Porta says that because your employer's policy doesn't specifically address whether you can use accrued leave on your last day as an employee, you could potentially argue that it is trying to impose retroactive conditions on leave you've already earned, which New York prohibits.

But I think it might be simpler to just take your hard-earned vacation days earlier than planned, then come to the office on your last day to tie up loose ends amid a series of farewell coffee breaks.

Reader 2: Three years ago, I worked at a job for nine months, except for three weeks when I was out for major surgery and recovery, which consumed all my sick and vacation leave for that year. Shortly after I returned, I left for another job.

Now my former employer is billing me for close to $2,000 for leave it says I was not entitled to, because I did not work a full year and leave is earned "as you go." I found no documentation that stated this. The union contract says employees are issued 15 vacation days and five sick days per year.

Part of me wants to just ignore them, but I don't want to be sued. I don't qualify for free legal help, but I can't afford to hire a lawyer over a $2,000 dispute.

Karla: If a bear's on your trail, do you just ignore it?

Before you feel teeth on your butt, you should (1) contact your former union chapter, (2) read the FAQs on your state labor department's Web site with a focus on "deductions from compensation" and (3) seek a low-cost consult with an employment attorney in your state via www.nolo.com or www.avvo.com. All these will help you decide whether to arm yourself or hand over your pickanick basket.