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confused about vacation pay when leaving a job in MASSACHUSETTS.

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  • confused about vacation pay when leaving a job in MASSACHUSETTS.

    I recently gave my 2 weeks notice at my job in MASSACHUSETTS. I recieved my last pay check but there was no paid vacation time. I get 2 weeks paid vacation each year. when I asked the office manager if I was going to be paid the 2 weeks vacation she told me it was up to the employers discretion if I would be paid the full 2 weeks and that they had prorated a former employees vacation time when she left. They may decided to do this to me to. IS this right can they legally do this?? I was always under the impression that when you left your job you always recieve your vacation time.

    There is no rate of accrued time as far as I can tell in the hand book. It also stated that all employees would begin their calendar year on January 1st regardless the date of hire. So it stated that you recieved 2 weeks of paid vaction per calendar year one of which was required to be taken the week of 4th of july because the office was closed, then I would be entitiled to the vacation pay. is this correct??????

  • #2
    You are entitled to receive whatever vacation time you have accrued at the time you leave. You are not necessarily entitled to all the time you would have accrued during the year, and there is nothing in the law that makes pro-rating the amount illegal.
    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.