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legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 15523
Experience:  Just Answer consultant at Self employed
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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 trying to say that I have to find coverage for my vacation
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: MA
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time union
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 11 months ago.
Category: Employment Law
Expert:  legalgems replied 11 months ago.

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

Expert:  legalgems replied 11 months ago.

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

Customer: replied 11 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
Expert:  legalgems replied 11 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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Expert:  legalgems replied 11 months ago.

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

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Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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