+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    jungmi is offline Junior Member
    Join Date
    Jan 2010
    Posts
    2

    Exclamation Do we get holiday paid,or when office close for vacation?

    Do the partime worker get paid for holidays, (if the holiday fall into the day we are off, do we still get paid If we are f/t wkr)
    If the DR office closed for 1 or 2 weeks for his vac and forcing everyone taking along, we don't have the vac time, do we get paid?, They are closing 3 time per year.
    I've been a F/T worker for 5 years and recently cut back to partime since sept, Do the law require the emplyoer still provide the health ins or can they just cut off the benefit totally.
    Thank youWhat is the name of your state (only U.S. law)? Boston ,Mass
    Last edited by jungmi; 01-09-2010 at 12:40 AM. Reason: name of state
  2. #2
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,347
    Quote Originally Posted by jungmi View Post
    Do the partime worker get paid for holidays, (if the holiday fall into the day we are off, do we still get paid If we are f/t wkr)
    If the DR office closed for 1 or 2 weeks for his vac and forcing everyone taking along, we don't have the vac time, do we get paid?, They are closing 3 time per year.
    I've been a F/T worker for 5 years and recently cut back to partime since sept, Do the law require the emplyoer still provide the health ins or can they just cut off the benefit totally.
    Thank youWhat is the name of your state (only U.S. law)? Boston ,Mass
    The employer can cancel the health insurance policy for everyone.
    The employer can close his doors for his vacation and he doesn't have to pay you for time you didn't work.
  3. #3
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    34,645
    =jungmi;2458309]Do the partime worker get paid for holidays, (if the holiday fall into the day we are off, do we still get paid If we are f/t wkr
    )only if they want to pay you. There is no legal requirement to pay you.


    If the DR office closed for 1 or 2 weeks for his vac and forcing everyone taking along, we don't have the vac time, do we get paid?, They are closing 3 time per year.
    only if they want to pay you. There is no legal requirement to pay you for time not worked. You can file for unemployment for those weeks though.


    I've been a F/T worker for 5 years and recently cut back to partime since sept, Do the law require the emplyoer still provide the health ins or can they just cut off the benefit totally.
    I believe they have to allow you to continue to purchase the insurance at your own expense due to COBRA laws but if he does not provide insurance to any other part time people, he does not have to provide it to you. If he cut off your insurance in Sept. he should have provided you with COBRA information.

    hang on for some of the HR folks about the COBRA as I am not positive of the requirement for your type of situation but I believe I am correct.

    the problem I see though is you went to pt in Sept. When did he cancel your insurance and did he provide any COBRA info?
  4. #4
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,353
    Let's break this down because MA laws are a bit different than those of most of the country.

    Although MA has probably the most employee friendly laws in the country when it comes to both health insurance and holiday benefits, even MA laws do not require ANY employee, either full or part time, to be paid holiday pay if the office is closed. Any EXEMPT employees must be paid when the office is closed (unless they do no work at all for the entire work week) because Federal law limits when an exempt employee can be docked, but under no state or Federal law does a non-exempt employee have to be paid when they do not work. Whether the office is closed or not. Whether it's a holiday or not. Whether part time employees get holiday pay when the office is closed is ENTIRELY dependent on the employer's policy. It is NOT required by law.

    As regards health insurance, this is a matter of BOTH law and the insurance policy itself. Under MA law, if the employer has 11 or more full time employees, they are required to provide health insurance to those employees. Full time, for health insurance purposes ONLY, full time is considered 35 hours a week (note to future readers - this is a MA state law that applies only in MA - do not write to us complaining that your employer in Nebraska or Colorado or even New Hampshire is not offering you health insurance and you work over 35 hours a week - the definition does not apply in your state). So if your employer has 11 or more employees AND you regularly work 35 hours a week or more, your employer MUST provide health insurance.

    However, if your employer has 10 or fewer employees OR you work under 35 hours a week, your employer MAY provide health insurance but is not required to under the state mandate. In those instances, eligibilty for health insurance reverts to the insurance policy. Your policy will indicate who is an eligible employee. If you meet the definition of an eligible employee under the policy definition, your employer must offer you the insurance - if you do not, he needn't.

    If your status changes and you are no longer eligible, you can lose the insurance. So if you've been working 35 hours a week regularly, but the employer loses business and cuts your hours to 20 hours regularly, you are no longer eligible and you don't get the insurance any longer. That doesn't mean that if you only work 20 hours for one week, but then go back to 35, you won't be covered for that week. But if your hours are cut on an on-going basis to less than the minimum defined in the policy, then your employer is not obligated to provide the benefit.
  5. #5
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    34,645
    cbg, you posted as I was posting. What about COBRA. Would it apply in this situation?
  6. #6
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,353
    Zigner, in MA employers are required by state mandate to offer insurance. He can only cancel the policy altogether if he has 10 or fewer employees.

    JAL, you are correct about COBRA, or at least continued coverage. Federal COBRA only applies to employers of 20 or more (we do not know the size of the employer but many doctor's offices do not have 20 employees) but MA has a COBRA-like law that applies to employers of between 2-19 employees. However, we'd need to know more about the specifics to know if COBRA or state continuation laws were violated.

    IF there are fewer than 11 employees AND the policy was cancelled outright, neither COBRA nor the state law would apply.
  7. #7
    jungmi is offline Junior Member
    Join Date
    Jan 2010
    Posts
    2
    Thank you all for your answer, My office had 10 employees and none of them got the ins, only me got it.
    I'm an exempt stastus and been paid for all the benefit, I've worked 35 hrs before and now 27 hrs, and he cut the ins ,holiday off.
    He didn't provide me the cobra as someone in here mention it. All other worker they are all p/t so none of them got any benefits.
    It is very sad to know the Mass law didn't protect the worker right. He was said this is his office and he can very much write his own laws, there is no requirement. I 'll write a letter to the Mass labor to see what they think.
    once again, Thank you all so much for helping me to solve the problems.
  8. #8
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,575
    If you are exempt, you must be paid the same unless you don't work for an entire week. They must pay you if the office is closed for only one day of the week. However, since they have changed you to part time, it is likely they also changed you to non-exempt (paid by the hour). I have never heard of a part time exempt worker.

    Cobra does not apply if the entire policy was cancelled for all employees. And since there are only 10 employees, the law does not require them to offer insurance.
  9. #9
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,353
    It IS possible to be exempt and part time both. However, under Federal law, the employee would still have to work a guaranteed $455 a week (no pro-rating for part time hours) or they are by default non-exempt.

    Given that the laws for both holiday pay (when the holiday is worked) and for health insurance are the most favorable to the employee of any state in the nation, if you are dissatisfied with the MA law, be glad you don't live in any other state.

Similar Threads

  1. Vacation & Holiday Pay!
    By shadow52 in forum Fringe Benefits
    Replies: 13
    Last Post: 03-14-2010, 10:50 AM
  2. Previously Paid Vacation and Holiday Pay
    By shaftman in forum Wage & Salary Issues
    Replies: 8
    Last Post: 01-15-2010, 10:43 AM
  3. Question regarding vacation and holiday
    By stepmomndad in forum Child Custody & Visitation
    Replies: 14
    Last Post: 05-15-2007, 09:14 AM
  4. Will I get my vacation/holiday pay
    By BarbaraG in forum Wage & Salary Issues
    Replies: 7
    Last Post: 07-14-2005, 08:38 PM
  5. vacation and holiday pay
    By ashecooke in forum Hiring, Firing & Wrongful Termination
    Replies: 0
    Last Post: 12-16-2001, 01:06 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.