Can an employee lose access to their paid time off bank completely under new managemnt/ownership

This question applies specifically to nursing home employees being told the home is now changing benefit policies under a new leader. Employees were issued a letter giving 24-hours notice to respond whether they would agree to re-apply for their jobs with changes in hours, wages, benefits from this "new leader." This person has not disclosed (to union in place) whether he is a new owner or new management company. (the union states that makes a difference in their obligation to union contract.) The union has disclosed there has not been an application for MA DPH approval to change ownership yet.

I am asking about the rights of employees in MA without union protection. The paid time off bank has been "frozen" - requests for cash out last week not honored. Can scheduled vacation pay also be denied if it occurs in the near future (within next month) but past the date we are being told the home will have new ownership (in 5 days)?

In addition people are being asked to agree to increased cost of health insurance by 50%. Is there any protection from this under MA law for the people not under a union contract?

Thank you for your time.

1 answer  |  asked Jun 30, 2010 5:42 PM [EST]  |  applies to Massachusetts

Answers (1)

Kevin McGann
The Attorney General (Martha Coakley)enforces the Massachusetts Wage Act. A private attorney cannot proceed against an employer in violation until the AG does its own investigation, so to preserve your rights in this you must contact the AGs office and file a complaint. You should do this now. It sounds like a violation. (617) 727-3465.

If the employee normally accrues paid vacation on a defined schedule, and does not use it, the accrued time is considered "wages" in Massachusetts. It must be payed at termination or resignation. If you are re-applying for your job, that would mean "now".

I do not understand what you mean by "scheduled vacation pay IN THE FUTURE", so I can't go into this much further.

The URL for the Workplace Rights page is:
http://www.mass.gov/?pageID=cagotopic&L=2&L0=Home&L1=Workplace+Rights&sid=Cago

Attached is the AG's Advisory on vacation wages.

posted by Kevin McGann  |  Jun 30, 2010 8:03 PM [EST]
Attachment: ag's_advosry_on_vacation_policies_99-1.pdf

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