I left my job a week ago and my employer only paid me 60 of my unused vacation time instead of all of it. Is this legal or am I entitled to receive all of my unused vacation time?

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I left my job a week ago and my employer only paid me 60 of my unused vacation time instead of all of it. Is this legal or am I entitled to receive all of my unused vacation time?

Employed and live in Massachusetts.
I had 85 hours of unused vacation time
and only received 58.
They stated it is their company policy
and paid vacation is dependent on
employee tenure.

Asked on May 22, 2018 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Employers are not required to grant vacation time. However, if a company chosses to provide it, vacation time under an oral or written agreement with an employer is treated like wages under MA law. Accordingly, when a worker separates from their employer, the company must determine how many vacation days are accrued and unused. It must then make a wage payment in lieu of thos vacation days when it makes final payment of wages to the worker. There are certain conditions that can affect this but tenure appears not to be one of them. At this point, you can consult directly with an employment law attorney, file a wage complaint with your state's department of labor or sue in small claims court for any amounts owed you.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Employers are not required to grant vacation time. However, if a company chosses to provide it, vacation time under an oral or written agreement with an employer is treated like wages under MA law. Accordingly, when a worker separates from their employer, the company must determine how many vacation days are accrued and unused. It must then make a wage payment in lieu of thos vacation days when it makes final payment of wages to the worker. There are certain conditions that can affect this but tenure appears not to be one of them. At this point, you can consult directly with an employment law attorney, file a wage complaint with your state's department of labor or sue in small claims court for any amounts owed you.


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