A Massachusetts District Court judge upheld the earned sick time law on Monday (July 13), the second court to uphold the new law after construction contractors unsuccessfully challenged the law. A U.S. District Court judge dismissed their claims last week.
The earned sick time law, which requires nearly all Massachusetts employers to provide earned sick time to their employees, was approved by voters last November and went into effect July 1, 2015.
Basic Summary of Sick Time Law
Employees who work for employers having eleven or more employees can earn and use up to 40 hours of paid sick time per calendar year, while employees working for smaller employers can earn and use up to 40 hours of unpaid sick time per calendar year. Employers must provide all employees, including part-time and seasonal employees, one hour of sick time for every 30 hours worked. The maximum amount of sick time an employee can accrue in one year is 40 hours.
An employee can use earned sick time if required to miss work for the following reasons: (1) to care for a physical or mental illness, injury or medical condition affecting the employee or the employee’s child, spouse, parent, or parent of a spouse; (2) to attend routine medical appointments of the employee or the employee’s child, spouse, parent, or parent of a spouse; or (3) to address the effects of domestic violence on the employee or the employee’s dependent child.
Employees can carry over up to 40 hours of unused sick time to the next calendar year, but cannot use more than 40 hours in a calendar year. Employers are not required to pay employees for unused sick time at the end of their employment. If an employee misses work for a reason eligible for earned sick time, but agrees with the employer to work the same number of hours or shifts in the same or next pay period, the employee will not have to use earned sick time for the missed time, and the employer will not have to pay for that missed time. Employers may not interfere with, restrain or deny the exercise of an employee’s rights under the law and employers may not retaliate against employees for exercising their rights under the law.
The Massachusetts Attorney General’s Office (“AGO”) has issued final regulations (available at http://www.mass.gov/ago/docs/regulations/940-cmr-33-00.pdf) regarding the interpretation and enforcement of the law.
A Brief Summary of the AGO’s Final Regulations For Employers and Employees
Understandably, many employers are concerned with the daunting task of implementing a sick leave policy that fully complies with the statute and the newly-enacted regulations. Pierce & Mandell’s experienced employment law attorneys are here to guide employers through this process. We strongly encourage employers to contact us in order to proactively implement compliant sick leave policies.