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N Cal Attorney
N Cal Attorney, Lawyer
Category: Employment Law
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Experience:  Since 1983
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If your work 40 hours a week for a year are you entitled to

Customer Question

if your work 40 hours a week for a year are you entitled to to paid vacation accrued sick time etc. regardless if your contract or not in the state of massachusetts please reply
Submitted: 3 months ago.
Category: Employment Law
Expert:  N Cal Attorney replied 3 months ago.

Thank you for your question.

Paid vacation is not required unless the employer agrees to it in the employment agreement, but some type of sick leave is required by law.

http://www.employmentlawhandbook.com/leave-laws/state-leave-laws/massachusetts/

states:

"In Massachusetts, an employer is not required to provide its employees with vacation benefits, either paid or unpaid."

But you may be entitled to paid sick leave, see

http://www.employmentlawhandbook.com/leave-laws/state-leave-laws/massachusetts/sick-leave/

which states:

"Under Massachusetts’ sick leave law, employers with an average of 10 or fewer employees in the preceding benefit year are only required to provide employees with unpaid sick leave. Employers with an average of 11 or more employees in the preceding benefit year must provide employees with paid sick leave."

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"Massachusetts’ sick leave law requires employers to credit employees with at least one (1) hour of sick leave for every thirty (30) hours worked, including overtime hours. Employers are not required to include hours spent by employees on paid leave in their sick leave accrual calculation. Accrual of sick leave begins on the first day of an employee’s employment (if an employee began working before July 1, 2015, accrual begins from that date). Massachusetts Stat. 149.148C(d);Massachusetts Regs. 940.33.02"

I hope this information is helpful.

Expert:  N Cal Attorney replied 3 months ago.

Do you need more information?