What are my rights to vacation reimbursement?
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What are my rights to vacation reimbursement?
My husbands contract stated he was to get 3 weeks vacation, although the way that it was calculated they only gave him 2 per year. He found his contract 5 years later and brought it to their
attention which they then looked up and agreed. They said that they couldn’t take care of it this year but will look into it next year. I believe they will not address this issue and hope that he will not go any further with it.
Asked on December 8, 2017 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If he had (as you indicate he did) a written contract guarantying him 3 weeks vacation per year, that is enforceable: he is entitled to have 3 weeks per year available to him (obviously, he might choose to use less, but he had to have the right or option to take up to 3). If he was previously given too little, he is entitled to get what he should have been given earlier now--either in actual vacation time or the monetary equivalent. If the employer will not give him what he is contractually entitled to, he could sue his employer for "breach of contract"--though rather than sue his employer (a drastic step), likely a better way to work matters would would be by coming to some mutually acceptable agreement. For example: it seems like he is owned 3 weeks vacation. Perhaps they would give him the cash equivalent of between 2 and 3 weeks; or else modify the contract to give him 4 weeks vacation going forward.
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