An employer's failure to honor earned vacation time is the equivalent of withholding wages and is illegal. While employers have no legal obligation to provide their workers with paid vacations, employers who choose to do so must compensate workers for such time if any is unused when the employee is separated from his or her job.

Massachusetts law provides that vacation time can be earned pursuant to either a written or oral agreement. In other words, even if your employer doesn't have a written vacation policy but has told you that you are entitled to paid vacation time, you may be entitled to payment in full for such time that you have not used upon separation from your job.  An employer's policy to not honor earned vacation time upon separation from employment is illegal and unenforceable.  See Electronic Data Systems Corp. v. Attorney General, 454 Mass. 63 (2009).

If you believe you have not been properly compensated for your earned vacation time, do not hesitate to contact our office.