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LAID off - entitled to vacation pay?

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  • LAID off - entitled to vacation pay?

    Hi -
    I'm doing a little research for my father who was laid off a few days ago, and has asked me if he is entitled to the vacation time he is owed for the year?
    The company has no written policy regarding this matter....

    Is there a Massachusetts state law that the employer must pay the laid off employee vaca time owed? It seems to make sense that they should, I'm just trying to find it in writing.

    I hope someone out there knows the answer! I would appreciate the help!

    Thanks for looking!!!!


  • #2
    MGL c.149, s.148 is where you'll find it. Here's the relevant language:

    Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him.....but any employee leaving his employment shall be paid in full on the following regular pay day, and, in the absence of a regular pay day, on the following Saturday; and any employee discharged from such employment shall be paid in full on the day of his discharge
    ......
    The word “wages” shall include any holiday or vacation payments due an employee under an oral or written agreement.

    Phil
    This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

    This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

    Comment


    • #3
      However, he only has to be paid what vacation time has already accrued; not what he would have accrued for the rest of the year.
      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


      • #4
        Agreed. And, interestingly, I just completed a case where we convinced the court from a poorly drafted employee handbook that the full allotment of vacation time for the year accrued on first day. There was no language setting out that the time accured over the course of the year (ie. 1 day per month).

        Phil
        This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

        This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

        Comment

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