Page 35 - Microsoft Word - Updated Book Draft 2 23 2017 (1)

 Unlike earned vacation time, unused earned sick

time does not have to be paid out to the employee

at termination.

It is important to note that the earned sick time law

is now part of the Massachusetts Wage Act. This means

that it is enforceable by a private lawsuit in the same

manner as non-payment of wages (see Chapter 3 below),

and if a court finds that an employer has violated the sick

time law, it is mandatory that the employer be ordered to

pay three times the amount of actual damages, and

required to pay the employee’s reasonable legal fees and

costs.

It is also important to pay careful attention to the

anti-retaliation provision. This, too carries with it the

possibility of triple damages and attorneys’ fees, but it

has implications that are even broader than that. Imagine

31| Rules of the Road