Check out Boston Globe columnist Joan Vennochi’s column chiding Governor Charlie Backer about his campaign position against the new Massachusetts “Sick Time” law. Voters passed the new law last November while also electing Baker their Governor. http://www.bostonglobe.com/opinion/2015/01/20/charlie-baker-sick-day-makes-case-for-staying-home-with-pay/VV9SJHJyZfE146u0e5KYUL/story.html
Here is some practical information about the new law for Massachusetts employers:
Applicability – Other than the federal government and certain cities and towns, the new law applies to all employers in Massachusetts, no matter how many employees they have and whether or not those employees are full-time, part-time or even temporary. However, the requirements are more financially demanding for employers with a larger number of employees - employers with 11 or more employees must provide their employees with paid sick time; employers with fewer than 11 employees are only required to provide unpaid sick time.
Effective Date – July 1, 2015
Earning and Accruing Sick Time – An employee earns one hour of sick time for every thirty hours worked. Employees do not, however, accrue sick time until the later of the date they begin work or the effective date of the new law. Sick time earned and accrued cannot be used by any employee until at least 90 days have passed since he or she began working for the employer.
Amount of Sick Time – An employee is entitled to earn and use up to 40 hours of sick time in a calendar year. Employees can carry over up to 40 hours of earned but unused sick time to the next calendar year, but are still subject to the usage limit of 40 hours per calendar year. When an employee leaves employment, the employer is not required to pay out accrued but unused sick time under this law.
What Qualifies as “Sick Time?” – any time absent from work spent (1) caring for the employee’s child, spouse, parent, or parent of a spouse for any physical or mental illness, injury or medical condition, (2) caring for the employee’s own physical or mental illness, injury or medical condition, (3) attending to the routine medical appointments of the employee or his/her child, spouse, parent or parent of spouse, or (4) addressing the psychological, physical or legal effects of domestic violence.
Option to Make Up Otherwise Qualified Sick Time – Instead of using qualified absent time as sick time during a pay period, an employee could instead work out an arrangement with the employer to make up that absent time during that pay period or during the very next pay period. In that case, the employee would not be using up any of his or her earned and accrued sick time. The employer could not, however, require an employee to do that. Nor could the employer ever require an employee to find a replacement employee to cover for the employee’s use of earned sick time.
Certification of Sick Time – Employers may only require certification of claimed sick time if the sick time covers more than 24 consecutive scheduled work hours. “Reasonable” documentation signed by a health care provider will constitute sufficient certification for the qualified sick time described above in (1), (2) or (3). For the qualified sick time described in (4) above, there are several forms of documentation that would suffice including a restraining order, conviction, police records, medical documentation of the abuse, a counselor or abuse worker’s statement or the affidavit of the victim. The nature of any illness or the details of any domestic abuse need not be provided in the documentation.
Advance Notice of Sick Time – If use of sick time is foreseeable, the employee is required to “make a good faith effort” to provide notice to the employer. It is unclear, however, what happens if the employee does not give advance notice in such a situation. Would it mean the employee would have to forfeit some of his or her earned sick time? Perhaps the Massachusetts Attorney General’s office, which has the authority to enforce the new law and to promulgate regulations concerning its requirements, will provide clarification in on this issue.
Miscellaneous – Massachusetts employers are, of course, free to provide sick time benefits greater than those provided under this new law. Massachusetts employers with 11 or more employees are also free to use some type of combination paid vacation/sick time/personal days policy to meet the required sick time benefits.
What do you think of the new Massachusetts Sick Time law? Is it fair or onerous to businesses? Does it provide employees with enough of a benefit? Feel free to comment below. Also feel free to call me at 617-872-8648 if you would like to discuss the impact of this law on your organization, business or school.
Here is some practical information about the new law for Massachusetts employers:
Applicability – Other than the federal government and certain cities and towns, the new law applies to all employers in Massachusetts, no matter how many employees they have and whether or not those employees are full-time, part-time or even temporary. However, the requirements are more financially demanding for employers with a larger number of employees - employers with 11 or more employees must provide their employees with paid sick time; employers with fewer than 11 employees are only required to provide unpaid sick time.
Effective Date – July 1, 2015
Earning and Accruing Sick Time – An employee earns one hour of sick time for every thirty hours worked. Employees do not, however, accrue sick time until the later of the date they begin work or the effective date of the new law. Sick time earned and accrued cannot be used by any employee until at least 90 days have passed since he or she began working for the employer.
Amount of Sick Time – An employee is entitled to earn and use up to 40 hours of sick time in a calendar year. Employees can carry over up to 40 hours of earned but unused sick time to the next calendar year, but are still subject to the usage limit of 40 hours per calendar year. When an employee leaves employment, the employer is not required to pay out accrued but unused sick time under this law.
What Qualifies as “Sick Time?” – any time absent from work spent (1) caring for the employee’s child, spouse, parent, or parent of a spouse for any physical or mental illness, injury or medical condition, (2) caring for the employee’s own physical or mental illness, injury or medical condition, (3) attending to the routine medical appointments of the employee or his/her child, spouse, parent or parent of spouse, or (4) addressing the psychological, physical or legal effects of domestic violence.
Option to Make Up Otherwise Qualified Sick Time – Instead of using qualified absent time as sick time during a pay period, an employee could instead work out an arrangement with the employer to make up that absent time during that pay period or during the very next pay period. In that case, the employee would not be using up any of his or her earned and accrued sick time. The employer could not, however, require an employee to do that. Nor could the employer ever require an employee to find a replacement employee to cover for the employee’s use of earned sick time.
Certification of Sick Time – Employers may only require certification of claimed sick time if the sick time covers more than 24 consecutive scheduled work hours. “Reasonable” documentation signed by a health care provider will constitute sufficient certification for the qualified sick time described above in (1), (2) or (3). For the qualified sick time described in (4) above, there are several forms of documentation that would suffice including a restraining order, conviction, police records, medical documentation of the abuse, a counselor or abuse worker’s statement or the affidavit of the victim. The nature of any illness or the details of any domestic abuse need not be provided in the documentation.
Advance Notice of Sick Time – If use of sick time is foreseeable, the employee is required to “make a good faith effort” to provide notice to the employer. It is unclear, however, what happens if the employee does not give advance notice in such a situation. Would it mean the employee would have to forfeit some of his or her earned sick time? Perhaps the Massachusetts Attorney General’s office, which has the authority to enforce the new law and to promulgate regulations concerning its requirements, will provide clarification in on this issue.
Miscellaneous – Massachusetts employers are, of course, free to provide sick time benefits greater than those provided under this new law. Massachusetts employers with 11 or more employees are also free to use some type of combination paid vacation/sick time/personal days policy to meet the required sick time benefits.
What do you think of the new Massachusetts Sick Time law? Is it fair or onerous to businesses? Does it provide employees with enough of a benefit? Feel free to comment below. Also feel free to call me at 617-872-8648 if you would like to discuss the impact of this law on your organization, business or school.