Can I use my vacation time?

[Nanook]

What is the name of your state (only U.S. law)? Massachusetts
Hi There- I was recently officially told I was laid off on 12/22, our fiscal year ended on 12/19. I was told on 12/22 because my boss actually needed my that day for a few hours, then laid me and 3 others off. I have been a full time employee of this company for over ten years and have accrued 120 hours of vacation time and 40 hours of sick time, and am supposed to be paid for 6 holidays throughout the year including Christmas & New Years Day. I was able to file my unemployment claim the very next day. Now, the lady at the unemployment office told me that I would not receive a check for 4-6 weeks and would not include this "first week". So, my related questions are: do I have the right to be paid for the above mentioned holiedays, and do I have the right to use my vacation days to fill in the missing time in the "first week"? I've tried to review the unemployment laws but couldn't find anything. Thank you so much for your time.

 

[ecmst12]

Holidays and sick time are generally not paid out at termination or lay off. I don't know what your state says specifically about vacation time, does your company have a policy of paying it?

 

[Nanook]

vacation time

Massachusetts-
Thank you so much for your response. My boss doesn't have much of a policy of anything, he pretty much goes on a whim. He's not willing to let me use that vacation time. He still has 5 out of 9 employees still working there, so he is still in business.
-Also, he put me on salary at the beginning of the year (as a benefit) but now said he can no longer pay me salary. Is that legall? He put me on salary because for the 10 years or so that I've worked for him, he's never paid me overtime!

 

[pattytx]

Generally speaking, Massachusetts law requires you be paid out any accrued untaken vacation at termination.
Vacation

Relative to being "on salary", what exactly did you do?

Unfortunately, in this economy, the UI agencies have their backs against the wall and are having to do more without more staff and without overtime. Even in better days, a clean claim would take 3-4 weeks. It's also possible that the state is delaying benefits until what you should have been paid as vacation (and they are assuming you have been/will be paid it in accordance with the law) runs out.

 

[cbg]

Under MA law they are required to pay out any earned but unused vacation time. This does NOT include any time you would have earned but now will not; only time that has ALREADY been earned on the last day of work. They have no legal obligation to pay out any holidays, sick time, or personal time unless included in a bona fide PTO plan, which it does not sound as if you have.

Under the best of circumstances in MA, a perfectly clean claim under which there is no possible question of the employee qualifying and which is not being contested by the employer will still take 3-4 weeks at minimum for the first check, and MA has a one-week waiting period which you will not be paid for by the DUA under any circumstances. If they are promising you 4-6 weeks under the current employment climate, I'd say they're doing well. It will probably be less than that - the DUA in MA tends to overestimate their time frames rather than underestimate.