What are my rights regarding vacations and getting paid?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights regarding vacations and getting paid?

I work 10 months a year for a school district. I have been for 7 years and I am the athletic trainer and have a different schedule than that of a teacher. I am resigning from my position and inquired about being paid for unused vacation time. I was informed by HR that vacation time was for 3 weeks and expressed that Christmas, and Winter/Spring vacations were my vacations. However, because of athletics occurring during that time I worked through all of those vacations. Do I not have the right to pick when/if I get to take my vacation? Shouldn’t I be compensated for them in addition to my salary?

Asked on August 24, 2018 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In your state, if you earned or accrued vacation time and were not permitted to take that time, or simply never used the time, you must be paid the cash value of the unused time. So if you did not use vacation days and have them, you have to be paid for them now.
If you were required to work on a "vacation" day, then that was not a vacation day: by definition, an employee does not have to work on vacation (if they voluntarily choose to, that is one thing--but they can't be required to work). When required to work, it is a regular work day and is paid as such. 
Base on what you write, you may have a legal claim for unpaid vacation. You should contact your state department of labor and/or consult with a local employment law attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption