Mui v. Massachusetts Port AuthorityAnnotate this Case
Payment for accrued, unused sick time (sick pay) does not count as “wages” under the Wage Act, Mass. Gen. Laws ch. 149, sections 148, 150.
The superior court allowed Plaintiff’s motion for judgment on the pleadings in this case alleging that Defendant, Plaintiff’s former employer, failed to timely compensate Plaintiff for his accrued, unused sick time under the Act. The Supreme Judicial Court vacated the judgment and remanded the matter to the superior court, holding (1) the Act does not encompass sick pay; and (2) therefore, Defendant did not violate the Act by failing to compensate Plaintiff for his accrued, unused sick time within the time frame mandated by the Act.