Acton, MA asked in Employment Law for Massachusetts

Q: Salaried exempt employee's pay being docked due to sick days

I am a working mother in the state of Mass. My pay is being docked due to PTO bank being used. There is no sick leave policy in the handbook; it just covers PTO. The word sick isn't even mentioned. I have used all of my PTO for my sick children, and myself being sick. Can they legally dock my pay without a sick leave policy?

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1 Lawyer Answer
Jonathan R. Roth
Jonathan R. Roth
  • Salem, MA
  • Licensed in Massachusetts

A: First, any deduction for sick time has to be consistent with company sick time policy. If the company does not have a formal policy, they still have to charge your absences against your accrued sick time. MA requires that every employee shall be entitled to accrue and use 40 hours of sick time over a 12 month period.

Your employer can reduce your pay for periods you do not work. However, the employer must follow company policy and must comply with MA law regarding accrued sick time.

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