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In MA...my job is trying to say that I have to find coverage…

Customer Question
In MA...my job is...

In MA...my job is trying to say that I have to find coverage for my vacation

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

MA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 7 months ago.Category: Employment Law
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Answered in 1 minute by:
11/27/2017
Employment Lawyer: legalgems, Lawyer replied 7 months ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 13,621
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Employment Lawyer: legalgems, Lawyer replied 7 months ago

So to be clear you have insurance benefits through your employer and they are trying to deny coverage for vacation periods?

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Customer reply replied 7 months ago
Not insurance. They are trying to say that I'm required to find someone to work for me when I want to use my vacation time
Employment Lawyer: legalgems, Lawyer replied 7 months ago

The codes only address sick time and preclude an employer from requiring an employee to locate a replacement - please see:

http://www.mass.gov/ago/docs/workplace/earned-sick-time/est-faqs.pdf

The advisories re: vacations are silent so normally the parties would look to any written or oral contracts, or any implied contracts such as those contained in employment manuals, past practices, etc; please see:

http://www.mass.gov/ago/docs/workplace/vacation-advisory.pdf

If there is a scheduling manager one can argue that by definition this would be within their job description.

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Employment Lawyer: legalgems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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