![]() Nonetheless, the court then concluded that the Legislature did not intend to include sick pay as wages under the Payment of Wages Law. First, the court observed that because employees' use of sick time is conditional – it can only be used when an employee or family member is ill – employees "do not have an absolute right to spend down their sick time, employees are not typically compensated for accrued, unused sick time." Indeed, the court noted that it is common for employers to have "use it or lose it" sick leave policies. been definitely determined and ha become due and payable to employee."Īfter reviewing this language, the court noted that the mere fact that the statute does not specifically include sick pay within the meaning of wages does not mean that it necessarily falls outside the scope of the statute. The Supreme Judicial Court began its analysis by noting that the Payment of Wages Law contains no definition of "wages." The statute provides, however, that the term wages does "include any holiday or vacation payments due an employee under an oral or written agreement." The term also includes "commissions. In contrast, employees who are discharged must be paid in full on the day of discharge. These obligations apply only to "wages." Thus, the key question on appeal was whether accrued, unused sick leave constituted "wages" under the Payment of Wages Law. Under the Payment of Wages Law, employees who resign must be paid in full on the next regular pay day. After the trial court ruled for the plaintiff, his former employer appealed. ![]() Plaintiff then sued under the Payment of Wages Law because the employer had not paid him within the time frame required by the statute for final wage payments. Because of the lengthy grievance and arbitration proceedings, however, the employer did not make this payment until over a year after the plaintiff's last day of employment. Here, the employer initiated disciplinary proceedings against the plaintiff. One week later, the plaintiff applied for retirement. The employer ultimately terminated the plaintiff's employment for cause. As a result, the employer did not pay the plaintiff for his accrued, unused sick time based on its application of the policy.Īn arbitrator, however, overturned the employer's termination decision, finding that the employee retired before he was terminated. In light of that decision, the employer paid the plaintiff the full value of his accrued, unused sick leave (amounting to $46,755.41). The policy further provided for no payment of accrued, unused sick pay to employees discharged for cause. Massachusetts Port Authority arose out of a fairly unusual sick leave policy. In this case, the employer's sick leave policy provided that, upon termination of employment, eligible employees receive payment for a percentage of the value of their accrued, unused sick time. Under the policy, the percentage would vary depending on the employee's tenure, i.e., employees who were employed for a longer period of time, or who remained employed until retirement or death, received a greater percentage of their unused sick time. As a result, employers are not liable under the Payment of Wages Law if they choose not to pay out accrued, unused sick pay to employees upon termination of employment. ![]() 29, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. At the minute, I don't know month-to-month how much pay I will get.On Jan. "Work have accepted that I'll never be able to work again but it seems they don't want to know. ![]() I wouldn't be able to lift people or to get down on my hands and knees and do CPR, there's just no chance. He told ITV News Anglia: "I'm never going to be able to work again. Mr Fitzmaurice needs 24-hour oxygen, struggles to get around and has post traumatic stress disorder, among a host of other health complaints. He has now been told by the East of England Ambulance Service he will receive no sick pay after August - a situation that has left him afraid about making ends meet. While in hospital, he suffered a bleed on the brain and was put into a coma and his family were told he may never wake up - though when he did wake up, he found his life was forever changed. Nigel Fitzmaurice from Clacton was taken to Colchester Hospital in June 2020 with a severe case of Covid-19. ![]() Callum Fairhurst reports for ITV News AngliaĪn ambulance driver who was put in a coma with Covid-19 he believes he caught at work says he does not know how his family will cope - after being told his sick pay is being stopped. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |