Labor Law Question - MA, vacation pay

[Xipe Totec]

Suppose you are a salaried employee in Massachusetts.

Suppose further, you have accrued 20 days vacation, but have not taken it.

You then terminate employment voluntarily or involuntarily (doesn't matter).

The company policy states that they will cash out your vacation in full, so the company agrees it owes you money for your vacation.

No problem so-far.

Now the question:

How much is that vacation time worth if you're a salaried employee?

Is it worth 20/365 * annual salary? (Vacation days divided by days in the year times salary).

Or is it worth 20/260 * annual salary? (Vacation days divided by work days in the year times salary).

And is there some wage regulation that says which is the right way to calculate this?


So far, I can't find anything on the web.

:shrug:

[MannyGoldstein]

1. I'm Not A Lawyer, But...

I'd be SHOCKED if it weren't 20/260 annual salary. Particularly here in MA, where employment law is so protective of employees.

[Xipe Totec]

4. And yet, I can't find it spelled out anywhere....

go figure :shrug:

[MADem]

2. Unless you are considered "on duty" around the clock, I would imagine

it's work days.

In the military, it's every day--you're on duty on Xmas Day....

[Xipe Totec]

6. It should be, I agree

I just want to be able to prove it.

[justinboston2008]

3. It's based on a 5 day work week

You should be paid for 4 weeks assuming you work M-F.
Good Luck. I just got laid off myself and just had to get 35 days of vacation paid out.

[Xipe Totec]

5. My previous employers agree

This last one, though, is trying to pull a fast one.

If I can find a regulation to quote it will end the argument. Otherwise, it's "just a difference of opinion"

:shrug:

[justinboston2008]

7. Gotta love sneaky employers

Former Attorney General Tom Reilly did publish an advisory on it. The key difference here is how your employer categorizes the time. If you have Vacation and Sick pay accrued separately, then it's a slam dunk. They have to pay for vacation. If you have the new fangled Paid Time Off model where they lump everything together, then they have to pay you out based on how much of the PTO is considered vacation time.

If you do not believe you are being treated fairly, I would speak with a labor attorney. Good Luck!

[Xipe Totec]

8. No accrual for sick time

No min or max specified; only vacation time.

Thanks for the advice re labor attorney. I want to try to persuade them first, before I pull a hammer.

:hi:

PS: PM me when you have accumulated enough posts to give you privileges; maybe we can help each other find new jobs.

And welcome to DU!

:hi:

[Xipe Totec]

9. Update, they're thinking about it

Not a yes, but also not a no.

Let's hope the enlightened self-interest kicks in...