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new rule for taking day off before or after a holiday Massachusetts

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  • new rule for taking day off before or after a holiday Massachusetts

    I just received some changes to my PTO days from HR and I am not happy. Is this legal for my company to do this to me? here is a copy of a part of what I received...

    If an unscheduled PTO day is taken on either side of a holiday, the employee will not be paid for the holiday. For example, if a PTN is entered on July 2, 2009 then the employee will not receive HOL pay for July 3, 2009 (Independence Day holiday observed). It will simply be an unpaid day off.

    The way I read this, if my kids or I get sick Memorial day weekend and I have to take the Tuesday off I won't get paid for the Monday? this is so wrong

  • #2
    Yes, that is perfectly legal, assuming you are a nonexempt employee. It's also quite common.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      wow, I have been working in Massachusetts for the past 15 years as both exempt and non exempt and I have never heard of such a thing. Does this mean I can not schedule a vacation around a holiday and expect to get paid for all the days?

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      • #4
        It's VERY common. The policy you cited said unscheduled time off.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          One more question, does the fact that my vacation time and sick time all come from one bank matter? With this being legal and my company chosing to enforce it, I feel like my sick days are a joke. I know I have no choice but to move on but I just want to get a clear understanding of the logic....

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          • #6
            No, it does not make a difference. You ARE nonexempt, right?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              yes, I am non exempt. I was transferred to this company by my previous company where I had been a salaried employee. We were told everything would be the same in this transfer but it hasn't been. My salary is the same but I seem to be going backwards with having to punch a clock now...

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              • #8
                Just want to confirm that this is a very, very common policy and quite legal in all 50 states.
                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
                  good to know, and how great of them to take advantage of the policy too...
                  thanks for your quick responses!

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                  • #10
                    Don't expect another company to be much different.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      Originally posted by tyty1120 View Post
                      good to know, and how great of them to take advantage of the policy too...
                      thanks for your quick responses!
                      I expect your employer became frustrated by the number of people calling in "sick" adjacent to a holiday and turning a 3-day weekend into a 4-day weekend. Every place I've ever worked has had this policy.

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                      • #12
                        Just to be clear, there was a reason why several responders asked about the Exempt status. While this policy is perfectly legal and common for Non-Exempt employees, things change if we are talking about Exempt Salaried employees. Any time the salary is docked on the Exempt employee, the 29 CFR 541.602 docking rules are in effect, which can override company policy in this instance.
                        "Reality is that which, when you stop believing in it, doesn't go away".
                        Philip K. **** (1928-1982)

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