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Can Employer Force EE to take vacation time before stepping down? Massachusetts

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  • Can Employer Force EE to take vacation time before stepping down? Massachusetts

    Can we force EE to use their remaining vacation time before stepping down from her position-at will (instead of paying it out)?

  • #2
    "The Massachusetts Payment of Wages Act, M.G.L. c.149, §148, requires employers to pay a discharged employee his or her wages in full on the date of discharge. Employees who quit must be paid by the employer’s next regular payday"

    I can't tell from your question if she is quitting or being terminated. Either way the employee is gone on the same day....Not sure why you would want to keep an unhappy/bad employee on your books for the length of the PTO! Have you considered what other benefits you will have to continue for that same time period (health insurance for example)?

    I don't know of a single company that does it the way you are considering. Most believe it is best to get the unhappy/bad employee gone as soon as possible due to other liabilities. I guess I would ask you back WHY would you want to do so? Is it because the employee has accrued a large amount of PTO that the employer doesn't want to pay out all at once? I think based on the reading of the law, even if the employer required the employee to take the PTO, the employee could still quit with no notice and all wages (including owed PTO) would be due by the next regular payday. Does your PTO policy have any requirement that they give specific notice to get the PTO paid out?

    Honestly I wouldn't play the game you are suggesting. Because if it looks like you are withholding wages dues, there are specific damages, etc.

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    • #3
      Thanks for replying "hr for me". Individual gave us 4 weeks notice and has rightfully earned vacation days and 2 are unused. We are happy with her staying on to help bridge the gap in finding a replacement. They want to know when the balance of vacation time will be paid out but owner wants to have this person take 2 vacation days. Is that legal? i.e. their final day would be December 2 instead of December 4 but get same pay.







      Originally posted by hr for me View Post
      "The Massachusetts Payment of Wages Act, M.G.L. c.149, §148, requires employers to pay a discharged employee his or her wages in full on the date of discharge. Employees who quit must be paid by the employer’s next regular payday"

      I can't tell from your question if she is quitting or being terminated. Either way the employee is gone on the same day....Not sure why you would want to keep an unhappy/bad employee on your books for the length of the PTO! Have you considered what other benefits you will have to continue for that same time period (health insurance for example)?

      I don't know of a single company that does it the way you are considering. Most believe it is best to get the unhappy/bad employee gone as soon as possible due to other liabilities. I guess I would ask you back WHY would you want to do so? Is it because the employee has accrued a large amount of PTO that the employer doesn't want to pay out all at once? I think based on the reading of the law, even if the employer required the employee to take the PTO, the employee could still quit with no notice and all wages (including owed PTO) would be due by the next regular payday. Does your PTO policy have any requirement that they give specific notice to get the PTO paid out?

      Honestly I wouldn't play the game you are suggesting. Because if it looks like you are withholding wages dues, there are specific damages, etc.

      Comment


      • #4
        So in essence you are just accepting her notice two days earlier than she originally stated? You can definitely let her go two days early, have her term date on 12/2 and still pay out the 2 days PTO. I don't see any reason to keep her term date at 12/4. She might have been expecting regular pay through 12/4 and then two extra days, but without some type of contract, employers are always allowed to accept the notice early and not pay out notice time not worked.

        In some states, not sure about Mass, the employer might be on the hook for unemployment if they accept it much earlier than 2 WEEKS out, but 2 days shouldn't have any bearing on that. We have a few posters from Mass that may be able to give you more info on whether unemployment would be affected.

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        • #5
          Since under MA law you're going to have to pay out the vacation/PTO anyway, I'm not sure what you think you're gaining by forcing her to take it and not pay it out at the end. Either way, you're still paying her vacation.

          But if two days of wages is worth that kind of administrative hassle to you, there's nothing in MA or Federal law which will prohibit you doing what you want. Seems a bit pointless to me, but whatever floats your boat.
          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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