Beginning July 1, 2015, Massachusetts employees have the right to earn one (1) hour of sick leave for every thirty (30) hours worked, up to forty (40) hours per year, under the Earned Sick Time Law. Earned sick time can be used when the employee or the employee's child, spouse, parent or parent of a spouse is sick, has a medical appointment, or has to address the effects of domestic violence. Employees begin earning sick time on their first day of work and may begin using it ninety (90) days thereafter. Employees can carry over up to forty (40) hours of unused sick time at the end of the year, but cannot use more than forty (40) hours in a year.
Employers with eleven (11) or more employees must provide paid sick time on the same schedule and at the same rate as regular wages. Sick time can be unpaid for employers with ten (10) or fewer employees. Employers do not have to pay employees for unused sick time at separation from employment.
Employers can have a written policy requiring up to seven (7) days' notice to use earned sick time, but notice required for unforeseeable absences is what is reasonable under the circumstances. Under certain circumstances, an employer can require written documentation for use of earned sick time, but it can never require documentation explaining the nature of the illness or details of the domestic violence. Employers can require employees to personally verify in writing that they have used earned sick time for allowable purposes after using any amount of earned sick time.
The Attorney General has created a safe harbor provision for employers with existing policies that provide paid time off. Employers with a policy that was in existence on May 1, 2015, that provides paid time off or paid sick leave, shall be deemed in compliance with the Earned Sick Time Law until January 1, 2016, provided the paid time off policy complies with the specific requirements of the safe harbor provision. On or before January 1, 2016, all employers operating under the safe harbor provision must adjust their policy providing paid time off to conform to the Earned Sick Time Law.
Employees using earned sick time cannot be fired or retaliated against for exercising or attempting to exercise earned sick time.
The regulations require employers to post a notice of the Earned Sick Time Law prepared by the AG's office in a conspicuous place accessible to employees and provide a hard copy or electronic copy of the regulations to all eligible employees, or include the employer's earned sick time policy in any employee manual or handbook.
Massachusetts leave time laws are becoming increasingly more complicated. Earned Sick time may run concurrently with time off provided by the Family Medical Leave Act, Massachusetts Paternal Leave Act, Domestic Violence Leave Act, Small Necessities Leave Act and other leave laws that allow concurrent leave for the same purposes as the Earned Sick Time Law. The penalties for violations can be severe. Employers must make sure that they have the proper policies, employee notifications and forms in place at all times.
If you need your employee handbook, policies and/or certification forms updated, please contact us.
Important Links:
Attorney General's Earned Sick Time Resource Page
Final Regulations - Earned Sick Time (940 CMR 33.00)
Earned Sick Time Notice of Employee Rights