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View Full Version : Forcing Vacation-Personal Time on Paychecks Massachusetts


nhmichelle
07-09-2008, 06:37 PM
The company I currently work for in MA has a very unusual habit that I have not encountered while working for other companies. (Based in New Hampshire, Texas, etc) HR always considered this a big no-no in said companies.

While pulling the timecards for hourly employees and getting them ready for paychecks, if there is anything under 40 hours clocked for the one week pay period, they automatically force the workers unused accrued vacation or personal time into the time keeping system to make it round off to 40 hours.

Example: Employee is supposed to work until 4:00 each day. Employee clocks out at 3:00 on Friday with supervisors ok, but did not fill out a time off request allowing vacation or personal time to substitute for lost 1.00 hour. Employee wishes to just be paid 39.00 hours and leave it at that. Employer adds 1.00 PTO to equal 40 hours for the week. This happens to all employees under 40 hours each week, (Eventually exhausting unused personal time first, then unused vacation) without written consent by employee. .50 here, 1.00 there, .25 here really can add up. This in turn makes the employee very angry, as they did not wish to use unused PTO at that time.

Is this legal without the employee's/supervisor's signed consent? There is nothing written in any handbook or anything posted that says this practice will be enforced.

DAW
07-09-2008, 08:01 PM
MA is not my state, but I am pretty sure this practice is legal in all 50 states.

Betty3
07-09-2008, 11:45 PM
I agree with DAW.

Pattymd
07-10-2008, 04:23 AM
Just in case you want a third opinion, I agree with DAW too. That's what paid time off is for, after all, to keep the employee's pay "whole", even if the employee doesn't care.

cbg
07-10-2008, 06:11 AM
I agree too, and I'm in MA. Perfectly legal.

The employer is not obligated to provide paid vacation or PTO at all. They get to make the rules about how and when it is used.

There is NO state where the employee has the guaranteed right to choose when they take vacation. It is ALWAYS within the control of the employer to require its use or to deny the use of the time, barring a bona fide contract or CBA to the contrary.

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