Is the extension of an employment contract equal to a new employment contract?
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Is the extension of an employment contract equal to a new employment contract?
My current 2 years employment contract do not limit the aggregated period of
housing benefit. However, new a policy is introduced in the industry which
specified the maximum aggregate eligible period of on housing benefits employment contract will be capped to 120 months counting from new employment contracts. If my employer extent my employment period to 3 years instead of offering a 1 year new employment contract to me. Will the 120 months cap start counting from the 3rd year?
Asked on September 19, 2018 under Employment Labor Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The "policy . . . in the industry" does not matter: industry norms or policy do not overrule a contract. If they extend your existing contract as is for another year, and that existing contract does not limit the aggregate period of housing benefit, you will still have no limit. They have to specifically put a limit into a contract--either into a new contract, or as a new term added to a written addendum or extension of your existing contract. And if they do that, the new document should state from what date it is effective or from what date the limit is calculated from--you would use that date.
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