Does vacation pay affect unemployment benefits in NY?

Vacation pay can definitely impact your unemployment benefits depending on when it's paid and how it's structured. If it's paid as a lump sum for your final week of work, NYS Department of Labor typically counts it as wages for that week only. But if it's paid 'in lieu of notice' or covers future weeks, it could delay your benefits. You'll need to report it when you file your claim and during your weekly certifications.

yeah this happened to me too, my company paid out like 3 weeks vacation when i got terminated. basically nys unemployment made me wait until those weeks were 'used up' before i could collect. super annoying but thats how they do it

I had the worst time trying to get through to someone at NYS Department of Labor about this exact issue. Spent hours on hold just to get disconnected. Finally used a service called Claimyr (claimyr.com) that actually got me connected to an agent who explained exactly how my vacation payout would be handled. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Way easier than dealing with the phone maze.

Make sure you're completely honest about the vacation pay when you file. NYS Department of Labor cross-references with employer reports and if there's a discrepancy it can cause major delays in your claim processing. I've seen people get their benefits held up for weeks because they didn't report vacation pay correctly initially.

this whole system is such BS, they make it so complicated for no reason. vacation pay shouldnt count against unemployment since you already earned it while you were working!!! but nys unemployment doesnt care about logic

I went through this same situation about 6 months ago. The key thing to understand is that NYS Department of Labor looks at vacation pay differently depending on how it's designated. When I filed, they asked me to specify exactly how many weeks the vacation pay covered and whether it was paid "in lieu of notice." In my case, I had 10 days of vacation paid out, and they treated it as covering two work weeks, which delayed my benefits by exactly two weeks. The important thing is to have all the documentation from your employer showing how they calculated the payout - this will help when you're doing your weekly certifications. Also, keep copies of everything because you might need to reference it later if there are any questions about your claim.

From my experience, the timing of when vacation pay affects your benefits really depends on how your employer reports it to NYS Department of Labor. I had a similar situation where I received 2 weeks of vacation pay, but it was coded as "accrued vacation time" rather than "pay in lieu of notice." This made a big difference - the DOL treated it as wages for the week it was paid rather than spreading it across future weeks. My advice would be to file your claim right away regardless, because there's often a waiting week anyway, and you want to get the process started. When you do your weekly certifications, you'll report the vacation pay amount and they'll determine how it affects your specific claim. The key is being upfront about it from the start. Also, make sure you get a copy of your separation paperwork from HR - it should clearly state how the vacation pay is being handled, which will help when you're answering questions during the filing process.

I'm dealing with this exact situation right now - just got laid off yesterday and have about 1.5 weeks of vacation pay coming in my final check. Reading through all these responses is really helpful, especially the distinction between "accrued vacation time" vs "pay in lieu of notice" that @Malik Thomas mentioned. I'm planning to file my claim this week and be completely transparent about the vacation payout. One thing I'm still unclear on though - if the vacation pay only affects the week it's received (like in Malik's case), does that mean I'd only lose one week of unemployment benefits, or would it reduce the benefit amount for that specific week? Also wondering if anyone knows whether the one-week waiting period that NYS usually has would overlap with a vacation pay week, potentially making the impact less noticeable. Going to call my HR department tomorrow to make sure I get clear documentation about how they're coding the payout.

Just wanted to add another perspective on this - I went through the same thing about a year ago. The most important thing I learned is that NYS Department of Labor will ask you very specific questions about the vacation pay during your phone interview (if you get selected for one). They'll want to know: 1) The exact dollar amount, 2) How many days/weeks it represents, 3) Whether your employer designated it for specific future dates, and 4) If it was part of a severance package. I had 2.5 weeks of vacation pay and because my employer clearly documented it as "accrued vacation time earned during employment" rather than future compensation, it only affected the week I received it. The key is making sure your employer's documentation to the DOL matches what you report. I'd also recommend screenshotting your final pay stub showing the vacation payout breakdown - you might need it later for verification purposes.

I'm in a very similar situation - just got laid off two days ago and have about 10 days of vacation pay coming. Reading through everyone's experiences here has been incredibly helpful! It sounds like the key factors are: 1) How the employer codes it ("accrued vacation" vs "pay in lieu of notice"), 2) Getting proper documentation, and 3) being completely transparent when filing. I'm planning to contact HR tomorrow to make sure they clearly document it as accrued vacation time and get copies of everything before filing my claim this week. One question - for those who had vacation pay that only affected one week, did you still need to do job search activities during that week, or does the system recognize that week differently? Thanks to everyone who shared their detailed experiences - this is exactly the kind of real-world info that's impossible to find on the official NYS Department of Labor website!

I'm also facing this exact situation - got laid off last Friday and have about 12 days of vacation pay being processed with my final paycheck. This thread has been incredibly informative! Based on everyone's experiences, it seems like the most critical factors are getting proper documentation from HR showing it's coded as "accrued vacation time" and being completely upfront when filing. I'm planning to file my claim early this week but want to make sure I have all the right paperwork first. One thing I'm still wondering about - has anyone dealt with vacation pay that spans across multiple pay periods? My HR department mentioned they might split the payout across two paychecks due to tax withholding limits. I'm worried this could complicate how NYS Department of Labor treats it. Also, for those who successfully navigated this, did you find it helpful to mention the vacation pay situation in your initial application, or did you wait until the weekly certifications to report it? Thanks everyone for sharing such detailed experiences - this is way more helpful than anything I could find on the official websites!

I'm going through this same situation right now - just got laid off on Monday and have about 8 days of vacation pay coming. This thread has been a lifesaver! From reading everyone's experiences, it seems like the main things to focus on are: 1) Getting HR to properly document it as "accrued vacation time" rather than "pay in lieu of notice", 2) Being completely transparent from day one, and 3) keeping copies of everything. I'm planning to call HR tomorrow morning to make sure they send the right paperwork to NYS Department of Labor before I file my claim later this week. One quick question for those who've been through this - when you reported the vacation pay during your initial filing, did you have to provide the exact dollar amount right away, or were you able to give an estimate and then provide specifics during weekly certifications? My final paycheck isn't processed yet so I only have an estimate of what the vacation payout will be. Thanks to everyone for sharing such detailed real-world experiences - this is exactly the kind of practical info that's impossible to find anywhere else!

I'm in almost the exact same situation - got laid off yesterday and have about 2.5 weeks of vacation pay coming in my final check next week. This entire thread has been incredibly helpful! Reading through everyone's experiences, it's clear that the key factors are: 1) How HR codes the vacation pay ("accrued vacation time" vs "pay in lieu of notice"), 2) Getting proper documentation before filing, and 3) being completely transparent from the start. I'm going to call my HR department first thing Monday morning to make sure they clearly document it as accrued vacation time and get copies of all the paperwork before I file my claim. One thing I'm curious about - for those who had vacation pay that was treated as affecting only the week it was received, did that week count toward your total benefit year, or was it essentially like a "free" non-counted week? Also, has anyone dealt with a situation where the vacation payout was large enough that it might affect multiple weeks even when coded as accrued vacation time? Thanks to everyone for sharing such detailed real-world experiences - this is exactly the kind of practical guidance that makes all the difference when navigating the NYS unemployment system!

I'm dealing with this exact situation right now - just got laid off on Friday and have about 1.5 weeks of vacation pay coming. This thread has been incredibly valuable! From everyone's experiences, it's clear the main factors are: 1) Getting HR to code it properly as "accrued vacation time", 2) having solid documentation, and 3) being upfront from the start. I've already reached out to HR to make sure they send the right paperwork to NYS Department of Labor. One thing I'm wondering about - has anyone experienced a situation where their vacation pay amount was right at the borderline of their weekly benefit amount? I'm trying to figure out if my payout might partially affect benefits for that week versus completely disqualifying me. Also, for those who filed right away, did you find it better to mention the vacation pay in your initial application or wait until weekly certifications? The consensus here seems to be transparency from day one, but I want to make sure I'm handling the timing correctly. Thanks to everyone for sharing such detailed real-world experiences - this is way more practical than anything on the official NYS website!

I'm currently going through this exact situation - got laid off this week and have about 3 weeks of vacation pay coming. This entire discussion has been incredibly helpful! Based on everyone's experiences, I'm seeing a clear pattern: the way HR codes the vacation pay makes all the difference. I'm planning to contact my HR department tomorrow to ensure they mark it as "accrued vacation time" rather than "pay in lieu of notice" and get all the documentation before filing my claim. One question I haven't seen addressed yet - has anyone dealt with vacation pay that includes holiday time mixed in? My payout includes both regular vacation days and floating holidays from this year. I'm wondering if NYS Department of Labor treats these differently or if they're typically grouped together as one lump sum. Also, for those who mentioned getting through to an actual agent, what time of day did you have the most success calling? The phone system seems notoriously difficult. Thanks to everyone for sharing such detailed experiences - this real-world advice is invaluable when navigating the system!