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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 30184
Experience:  Former judicial law clerk, lawyer
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As a Senior Manager am I bound by the same vacation policies

Customer Question

As a Senior Manager am I bound by the same vacation policies as traditional employees..more specifically, they cannot carry over vacation days ...
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am holding about 15 weeks that I have never used passed on the time my job takes me out of the office.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Massachusetts
JA: Anything else you want the lawyer to know before I connect you?
Customer: Id say that's my only question at present
Submitted: 10 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 10 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

There isn't a specific Massachusetts law on this topic. Employers are not allowed to offer vacation pay at all, but when they do, it must be offered to all employees without discrimination. Use it or lose it policies are also allowed. If that's the agreement that you entered when accepting the job, there is nothing in the law that would allow you to hold your employer to different terms. The starting point is to look at your employment contract or any handbook to see if it has different provisions for management than other employees.

You could try to negotiate a different policy, but your employer would have to make it available to everyone who works at your level to avoid discrimination claims.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 10 months ago.

Do you have any other questions about this?