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  1. #1
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Forfeiting Holiday Pay Due to Being Sick

    Unless you are non-exempt and have a CBA that clearly states you must be paid holiday pay no matter what, then your employer is legally free to not pay you for any days you aren't at work (including holidays).

    If you are exempt, please post back.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Forfeiting Holiday Pay Due to Being Sick

    Holiday pay issues in Massachusetts can be very, very different from the laws of any other state with the possible exception of Rhode Island. However, they are very convoluted and apply to only certain jobs and in certain fields. Since it appeared that you did work ON the actual holiday, it is POSSIBLE that the state laws may help you here. However, to know for certain I need to know not just that you are in the health care field, but exactly what your employer is (hospital? doctor's office? Nursing home? etc.) and exactly what your position is. If you don't want to post that publicly you can PM me.

  3. #3
    Join Date
    Dec 2016
    Posts
    3

    Default Re: Forfeiting Holiday Pay Due to Being Sick

    I tried to PM you but your inbox is full.. anyways, here it is:

    Thanks for the help - I'm new to all this so I'm just trying to figure the forum out. I am a rehab therapist in a nursing home. They didnt provide paid holidays before, but they have since taken away 5 days of PTO and provide holiday pay - whether or not you work on that specific holiday doesnt change you getting holiday pay.

    I did NOT work on Christmas. Just missed the last scheduled day before it - I even attempted to come in on Friday on my day off to avoid the loss.

    As per their policy, even if I did work on Christmas and missed the scheduled day before or after, I would loose the pay.

    It just seems to me that the holiday pay is a benefit, and just like PTO, would be considered a wage. Am I wrong?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Forfeiting Holiday Pay Due to Being Sick

    Yes, you are wrong. Massachusetts considers PTO to be the same as wages, but not holiday pay. Not if you didn't work the holiday. MA law is very different for people who did work the holiday than for those who didn't.

    Since you didn't work the holiday, your employer's policy is legal under MA state law and they have no obligation to provide holiday pay.

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