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Sick time and being prevented from leaving company questions - Massachusetts

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  • sml0x7ba
    replied
    Pattymd and cbg,

    Thank you both for your replies. I now have a better idea where I stand in the given situation.

    Leave a comment:


  • cbg
    replied
    There is no law in any state that prohibits an employer from denying a vacation time request. There is no law in any state that requires an employer to give you sick time off unless FMLA is involved. The amount of time you have available does not affect that.

    Leave a comment:


  • Pattymd
    replied
    The approval can legally be rescinded.

    No, the amount of your balance is irrelevant, except MA law does require that your earned vacation balance be paid out at termination.

    Leave a comment:


  • sml0x7ba
    replied
    I currently have 2 weeks worth of paid vacation time. I don't know if this factors in or not.

    Leave a comment:


  • sml0x7ba
    replied
    Even if this was a prior approved vacation request?

    Leave a comment:


  • Pattymd
    replied
    Yes, he can. There is no law that is going to force the employer to let you take off any time you wish.

    Leave a comment:


  • sml0x7ba
    replied
    So he does have the the right to deny me legitimate vacation time and sick time if he thinks I might use this to find a another job? I certainly did not tell him or anyone else in the company that I am interviewing. I have legitimate vacation time coming up. If chooses he can deny this? Am I understanding this correctly?

    Leave a comment:


  • cbg
    replied
    There is nothing in the law that prohibits the employer from asking you directly about your use of sick time. They are entitled to enough information to know if FMLA or other protected time might apply, and it is to your benefit that they know that.

    You can find new employment any time you like. Your boss does not have to be happy about it and does not have to grant you paid time off to find it. If you can't take sick or vacation time to interview, do it before or after work like many of us have had to do. I've stayed late or come in early to interview a candidate who couldn't get time off work any number of times; it goes with the job.

    Leave a comment:


  • Sick time and being prevented from leaving company questions - Massachusetts

    I am a salaried employee and given 5 paid sick/personal days per year. Does my employer have the right to directly ask me where I was after I have used a sick day? I was also told by my employer that I have been calling in sick a lot recently and he would prefer not to see me use anymore and have this become a problem. My sick leave history is that I have taken two days in Jan 2008 and one day on Feb 12, 2008. I also took a day in December which fell under last years allowance. I only used 3 days in 2007. All except the most recent were legitimate illness related absences. The last one was taken because I had an interview. My employer has a history of trying to deny people from taking vacation/sick days because he dose not want them attempting to leave the company. He has actually said this to me at one time in reference to another employee. The company has a fairly large turn over which isn't surprising given the hostile and negative work environment. Recently a long time employee gave his letter of resignation and was then let go which in turn has made my boss more paranoid than normal. What rights do I have in this situation both concerning sick leave and being prevented to from obtaining new employment?
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