New York Mileage Reimbursement Law Requirements

With the high cost of gas and insurance today, and many of us having to travel for work I was curious to see how employers were compensating for the increased travel expenses. I was surprised to learn that New York State does not have a law requiring employers to pay a certain mileage rate. In my research I found that the only laws governing reimbursement for mileage are with regard to employees of the state, and claimants of Workers Compensation benefits.

The state of New York follows all federal guidelines with respect to travel expenses. By following the federal standard rates, reimbursements for mileage are not taxable to the employee. Many employers will use the same regulations as the state when devising business travel policies. In addition to mileage, toll charges, bridge and tunnel fees, and parking charges are usually reimbursed. Operating costs, such as gasoline, repairs, oil, antifreeze and other miscellaneous accessories are not covered separately they are considered to be covered in the mileage allowance.

The current federal standard rate is $.445 per mile. If you are given a mileage rate and it is below this amount than you may be able to claim the difference, however if you are paid at a higher rate, the excess may be considered taxable wages. You may want to discuss with your employer what they consider to be reimbursable.

If you are injured on the job you are free to choose your own medical care provider as long as they are authorized to give care by the Workers Compensation Board. Your employer or their insurance carriers are required to pay for all necessary medical care. This sometimes includes mileage reimbursement to and from the provider. When appropriate the mileage rate to be paid will be the same as that of the state employees.

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4 Thoughts on “New York Mileage Reimbursement Law Requirements”

Peter Quinn

September 4, 2008 at 7:31 am

Are the miles not traveled to work subtracted from reimbursed miles if they work from home at times?

Rachel

September 4, 2008 at 10:52 am

Hi Peter! That’s an interesting question! For a complete answer, please post it on our sister site for employers at http://www.humanresourceblog.com. And thanks for reading the blogs!~ Rachel

donna g deptuch

October 7, 2009 at 12:01 pm

HI,I was wondering about the mileage reimbursement……does it apply to and from the home, or does it apply to and from the workplace?? This seems to be an on-going debate at our school.
Thanks,
Donna

Amelia

October 7, 2009 at 12:40 pm

Hi donna! This is really a matter of company policy rather than New York employment law. There is no law that a New York employer must reimburse employees for mileage. If the employer chooses to do so, the employer sets the policies regarding reimbursement.
However, the overwhelming majority of employers who offer mileage reimbursement do not cover the employee’s normal commute from home to the workplace. Suppose Tina drives 15 miles each way to and from work. There is no reason for the employer to subsidize that daily commute.
One day Tina drives 15 miles to work and then drives another 20 miles to client A’s office for a sales call, and back to work. Tina is entitled to mileage reimbursement for the 40 miles she actually drove, from the workplace to client A’s office and back. She is not entitled to any mileage reimbursement for her normal commute.
It becomes a little more complex if Tina is driving directly to the client’s office in the morning, or back home in the evening, without stopping at the workplace. Suppose Client B’s office is 60 miles from Tina’s home. She drives directly there for an all-day meeting and then drives directly home. Most employers would deduct Tina’s normal 15-mile commute and reimburse her only for 45 miles each way — the additional driving that she did, over and above her normal commute.
Note that this question does not address whether Tina’s driving time is compensable or not. If you have more specific questions, feel free to ask. HTH, and thanks for reading the blogs!~ Amelia

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