Can Your Employer Keep You From Using Your Vacation Leave

Job Doc

As part of your notice period, can you accept your vacation or sick time?

Pattie consults attorney Bob Shea of Brook Reed Riden LLP

Ask the Chore Medico. Boston.com

Q: I am preparing to accept another chore shortly. I want to quit and to utilise my holiday days as part of my ii-week notice. I have six days of vacation time that I am owed. And then I want to use four days of sick fourth dimension to get me to the ten days. As I come across information technology, I am due five sick days under Mass. Law. Is this adequate?

A: Congratulations on your new role! It is brisk hiring surround now in Massachusetts, and beyond New England. I have to assume a few details before I share a response. I am bold that you are an "at-will" employee and that you are not covered by a commonage bargaining agreement.

To confirm my response, I consulted Robert Shea, an experienced employment lawyer and partner at Beck Reed Riden LLP in Boston. Shea shares "Information technology's a maybe for the vacation fourth dimension and a no for the sick time. Pay for accrued, unused vacation time is considered equally 'wages' under Massachusetts state law and must exist paid out when y'all go out the organisation. If you prefer to use your accrued vacation during your x-day detect period, you lot may be able to do so but your vacation time asking presumably will be subject to your employer's policy for approving holiday time requests. Most employers have a policy that vacation days must be pre-approved before they can be taken. Potentially, your employer may decide non to corroborate your holiday asking because it wants you to exist at piece of work during the 10-day notice period to assist in transitioning your job responsibilities."

With respect to earned sick time, this fourth dimension is treated differently nether Massachusetts law. Shea advises "Massachusetts employers are not required to pay out unused earned sick time at termination. Further, and in response to your specific question, earned ill fourth dimension is to be used only for one or more of the purposes set along in the law (e.g., to care for the employee's physical or mental illness, injury, or medical condition) and using it simply to take time off during your ten-twenty-four hours observe period is non i those purposes." In short, earned sick time is not an entitlement and at that place are specific reasons, outlined in the Massachusetts law, which would enable an employee take this time off.

Beyond the legal response, your employer may feel like you lot did not resign in a professional person mode. Oft times, a two-week notice is helpful, to tie up loose ends and train others in some of your day-to-24-hour interval tasks. It as well provides your employer with some notice so that they are able to search for your replacement.