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  • manipulation of vacation/Floating holiday time? Massachusetts

    I recently resigned from a job Ive held for 4 years with a corporate company. We get 2 weeks of vacation and 9 floating holiday after a year of service. Vacation time renews on the fiscal year and is either rolled over if any balance occurs. where as floating holidays is a " use it or loss it" basis. Vacation time is paid out upon resignation holiday is on...

    The policy with managment has always been to use floating holiday time first and then vacation time. Upon my resignation I've found that nearly all of my vacation time was used and I was left with the majority of floating holidays still active. I won't be getting paid out for the holiday. I spoke with HR and they said there's nothing they can do. thoughts on this?

  • #2
    This is a question, not a snark.

    Did you specify, when you took the time, that it was to be designated as floating holiday time? (And, for that matter, was there a written policy on the subject and if so, what did it say?)

    I'm in MA too, and I'm very, very familiar with the laws on vacation time, to the point of having spent many hours on the phone with the AG's office discussing the rules and regs (although the Boston office was corporate headquarters, the CEO was in the Philadelphia office, and PA does not require the payout of unused vacation. I needed a lot of back up to persuade him to approve a vacation time that would satisfy MA law).

    Raster, do not even THINK about second-guessing me on this.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Well I'm greatful to have someone familiar with the topic. They was no more than a verbal conversation regarding what to use. I know another employee had they issue and he was credited his vacation time. I feel of they can make an "exception" for him why not myself?

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      • #4
        Do you know - I don't mean guess or assume, but KNOW -that the other employee did not negotiate something in writing?

        Everywhere I've ever worked except my current employer, the time was designated as vacation unless you designated it as something else. At my current employer, you have to designate what kind of time it is (vacation, sick, personal etc.) before you take the time unless circumstances make it impossible, and you definitely have to designate it before you get paid for it. MA laws on vacation are among the most, if not the most, convoluted in the state, but even in MA the law does not go into detail about how the time is designated. So there's nothing in what you've posted that outright violates MA laws (and the Feds don't give a hoot whether you get paid for unused vacation or not.) So my questions are for the purpose of determining if there was anything at your employer that the state would consider a binding policy.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Sounds about right regarding mass laws.... I will definitely look into the employee handbook again but I'm nearly positive it does not outline anything. It seems like vague definition is all to common.

          As far as the other employee is concerned there was nothing written, at least to my knowledge. Bare in mind he is still employed with the company and surly will not speak up in the defence of someone who no longer works there and jeopardize his relations...

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          • #6
            If he's still employed by the company, that's an entirely different situation and is not affected by the laws on vacation payout.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              CBG... Nope, not about to second guess MA convolutions .....PA is not necessarly clear once one gets into quasi vested vacations .....and MA sure is different! But you did set off an alarm bell as a practice which seems to strip out vested vacations in PA so as to not pay same.

              OP I would suggest you gather any and all directives or measures as to sequence of leave use ..not just those in a handbook , inc pay stub tallies or whatever ..it may or may not help.

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              • #8
                PA is actually quite straightforward, at least for private employers. Whatever your policy is, that's what you do. PA does not require payout at termination unless a written policy or past practice says you will. In which case PA will expect you to follow your policy. And I had that directly, in writing, from the PA DLI too.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Agree with cbg re payout on termination in Pa. noting OP though is from Ma.

                  PS- I know cbg knows OP is from Ma. & was just replying to Raster's post.
                  Last edited by Betty3; 10-01-2014, 07:49 PM. Reason: add PS
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                  • #10
                    If I recall correctly Raster is in the public sector. The rules there can be very different and often more complicated. I've never had occasion to learn the rules for PA's public sector, only the private. So he may well be right about that. PA is his state.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                    • #11
                      I don't know about public employees either but re private employers we are correct.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment


                      • #12
                        ^^^Yep, we are. And as I said, I had it right from the horse's mouth.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          & the horse should know!
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment

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