in the state of Massachusetts, can an employer take an employee's accrued vacations hours and put it towards time out sick without permission.
State/Country relating to question: Massachusetts
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Welcome and thank you for your question!Please clarify: does the employer have a written vacation policy?
My employer states that because they have to pay for my medical insurance, I have to show my full 35 hours per wk. So this means that if I am out sick they use one of my vacation days in its place to show I worked my 35hours. This is after my sick time is used up. I get 5 weeks vacation pay and you can accrue it there is no set of amount of hours you are limited to.
Thank you. So, to clarify: you have used up all your allocated sick time, correct? So now, when you are off on illness, your employer is apply your vacation leave?
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I notice that my colleague has opted out of your question and I think I can offer some insights for you. I am in Massachusetts and have dealt with these issues before. In MA and in most states, you have no legal right to sick time or vacation time (they are employee benefits and up to the employer whether to offer these benefits or not) and the only statutes that apply that we have in MA state that IF an employer offers vacation time and you leave their employment with accrued vacation time, then the employer must pay out that time to you. Regarding all other approaches to sick time and vacation time in Massachusetts, when the employer sets a policy regarding the sick time and the vacation time and they follow that policy consistently across the board for all employees without any discrimination in the application of the policy, then yes, the employer can force you to use vacation days as sick time days if you have previously used up all of your sick time. I really wish that I could tell you something different here, but I cannot. Many employees believe that they have legal rights to sick and vacation time and the fact of the matter that in all states these things are employee benefits that the employer does not even have to offer at all. When the employer does offer the benefits, so long as they stick to a clear policy in administering the benefits then they are operating within the law.
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