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Manager changed my sick time to vacation

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  • Manager changed my sick time to vacation

    I'm in MA

    I checked my sick time for the past 2 weeks.
    I had taken 4 days sick and my manager had gone in and changed my time sheet to reflect 4 days of vacation instead of sick.

    I have plenty of sick days left this year, and plenty of vacation as well.

    Is this legal?

    Additional info: I am quitting my job tomorrow and would like to get paid my accrued vacation time.

  • #2
    It is not technically illegal, in that no law prohibits him from doing so. However, if he is doing this so that you will have less vacation time to pay out at termination (which is required in MA) I think the AG's office will take a dim view of it.
    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


    • #3
      You must be paid for any unused vacation time. If your employer offers paid sick days, and you properly designated the days off as sick days according to your company's policy, then he can't count them against your vacation days.

      Employers can't change your designation unless you had done it improperly - ie. designated the days off as "sick" days when they really weren't. Check your policy.

      On the other hand, employers must be careful about how they draft their policies. The attorney general put out an advisory in 1999 dealing with paid time off policies to help understand the calculation of "vacation days", but I need to know more about your firm's "sick days" policy before calling it "vacation" time.

      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


      • #4
        And that advisory is a dilly, because it mis-uses the phrase, "use it or lose it policy" and as a result many employers believe that legally they can have a policy in which unused vacation time is lost after x amount of time, when that is not the case.
        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


        • #5
          Originally posted by cbg
          And that advisory is a dilly, because it mis-uses the phrase, "use it or lose it policy" and as a result many employers believe that legally they can have a policy in which unused vacation time is lost after x amount of time, when that is not the case.
          Thanks for the tip.

          I put the amount of vacation time I have left in my resignation letter. Hopefully that will protect me somewhat.

          Comment

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