I’ve been working as a temp for 5 years at the same company what are my rights to PTO?

UPDATED: Sep 30, 2022

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I’ve been working as a temp for 5 years at the same company what are my rights to PTO?

My company is a temp agency, however I have been working 40-hour full time weeks since the start of my employment at the company I’ve been contracted out to. I have only taken 2 weeks vacation time total in those 5 years. Am I entitled to additional vacation time as a full-time worker? I wasn’t granted a single day of vacation for the first 3 years of employment, and have only had 1 week of vacation each year for the last 3. I am getting the feeling that my employer is taking advantage of me in this regard.

Asked on December 22, 2015 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is no law requiring vacation time or specifying how much employees should get; it is completely up to your employer, and they would be allowed, for example, to not give you any vacation at all. So they can do this, and all you can try to do is to negotiate more vacation with them.

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