The link below is to a a Massachusetts Superior Court decision  that changes the "work-day" rule.  This case clarifies that, according to the Civil Service Statute, the only days not to be counted when calculating days of a suspension are weekends and legal holidays.  In other words, employers can't exclude days off, etc.  So, going forward, suspensions in excess of 5 “calendar days” will require a hearing – the employers can no longer just count the number of shifts or work-days. 

A copy of the decision is below.

SKMBT_42010051206330.pdf