New York Mileage Reimbursement Law Requirements
Posted on August 10, 2006 byRachel
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.