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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
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Experience:  19+ Years of Legal Practice in the Employment law arena.
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Due to the Mass state law on sick time, my employer changed

Customer Question

Customer: Due to the Mass state law on sick time, my employer changed the vacation days earned. We are losing the bonus days between 1-5 years. I was getting 1 year and 2 days vacation with no sick time. Now I will get 1 year vacation and 40 hours sick.
JA: Thanks. Can you give me any more details about your issue?
Customer: Vacation time was 1 year - 1 week 2 year - 1 week and 1 day
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Submitted: 10 months ago.
Category: Employment Law
Expert:  AlexiaEsq. replied 10 months ago.

Hi, what is your question I can help you with? I see your employer is changing its policy on vacation / sick time.

Customer: replied 10 months ago.
If my company changes the vacation time benefit, because of adding the Mass state law that now requires them to give us paid sick time, can they do that?
Customer: replied 10 months ago.
I just got charged $33 and didn't see the answer to my question. Why is that?
Expert:  AlexiaEsq. replied 10 months ago.

I apologize. I got called away. I will opt out and someone will jump in I am sure. If no one is available, let me know and I will check back when I can return to the office. Again, I am very sorry, it was unexpected.

Expert:  AlexiaEsq. replied 10 months ago.

Just to add, any fee paid is to site and it may be merely the refundable deposit, depending on what you arranged with them. But, they are great with refunds should no one be able to take care of your question. No worries!

Expert:  AlexiaEsq. replied 10 months ago.

Good morning. Apparently there was no one available to provide information here. Glad I stopped in this morning before going about my day, so Ican assist. And I thank you for your patience.

OK, here it seems to be thus far:

Sick time must be "earnable" up to 40 hours However, for small companies, it need not be paid sick time, just available. Vacation time remains at the employer's discretion in terms of whether to have that as a benefit or policy or not. So it is free to NOT give vacation time. But under your scenario, I think you are doing better. You state you were getting 1 week vacation plus 2 days, but had no sick time. Now you get your 1 week vacation still PLUS you get 5 days (40 hours, if any 8 hour work day would be 5 days, or a whole week) of sick time. That adds up to 2 whole weeks off, which is more than the 1 week + 2 days. You gained 3 days.

Unfortunately, as of yet, the law has not changed to require employers to provide vacation time, or maintain it in any certain way. They are still free to adjust their policies as they see fit, so long as they communicate same to employees. But again, on the positive note, you have gained this time, so it may be good for now.

Expert:  AlexiaEsq. replied 10 months ago.

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

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