The Massachusetts Earned Sick Time Law, which became effective on July 1, 2015, now allows eligible employees to accrue and use sick time.
What employers/employees are covered by the earned sick time law?
Under this law, covered employers include individuals along with companies. Employees under this law not only include individuals employed in a full-time capacity, but those working in part-time, seasonal, and temporary roles as well.
What determines if eligible employees earn paid or unpaid sick time?
Per the Earned Sick Time law, an employer’s size determines if eligible employees must be afforded paid or unpaid sick leave. An employer must provide paid earned sick time to all eligible employees if the employer maintained an average of 11 or more employees on payroll during the preceding calendar year. Employees who work for employers with fewer than 11 employees, on the other hand, may accrue and use up to 40 hours of unpaid sick time for each calendar year. Employers should be aware of the requirement to notify eligible employees at least 30 days in advance in writing if their earned sick time will change from paid to unpaid (or vice versa) based on a change in employer size.
How do eligible employees accrue sick time?
Employees accrue earned sick time on all hours worked at a rate of 1 hour earned sick time for every 30 hours worked, including overtime hours, up to a cap of 40 hours per benefit year. This accrual period begins on the first date of actual work and employees may begin to use any accrued sick time 90 days later. Individuals employed longer than 90 days as of July 1, 2015, however, may use their sick time as it accrues. Though employees may rollover up to 40 hours of unused sick time to the next benefit year, employees are only entitled to use 40 hours of earned sick time per calendar year.
For what reasons can eligible employees use earned sick time?
Employees may use earned sick time for the following purposes:
- to care for the employee’s child, spouse, parent, or parent of a spouse, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;
- to care for the employee’s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;
- to attend a routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent, or parent of spouse;
- to address the psychological, physical, or legal effects of domestic violence; or
- to travel to and from an appointment, a pharmacy, or other location related to the purpose for which the time was taken.
Employees using earned sick time must notify their employers prior to using such sick leave unless it is an emergency situation.
Can employers require employees to provide written documentation for their use of earned sick time?
Under the Earned Sick Time Law, employers may require employees to provide written documentation for their use of sick time under specific circumstances, including but not limited to employee absences exceeding 24 consecutively scheduled work hours. Even so, there are restrictions on the types of information and documentation an employer may require and/or inquire into related to an employee’s use of accrued sick time.
Can employers retaliate against employees for their use of earned sick time?
No. Employers cannot retaliate against employees for their use of earned sick leave, including but not limited to, using the taking of earned sick time as a negative factor in any employment evaluation or disciplinary action.
How must employers compensate employees for their use of earned sick time?
As employees begin to use their accrued sick time under the Earned Sick Time Law, employers need to be aware of how such time should be compensated (if at all). If an employer is required to pay its employees for earned sick time, such employees must be paid for such time at their regular rate. The regular rate depends on, among other factors, whether such employee is classified as an hourly or salaried employee. When used, earned paid sick time must be paid on the same schedule as regular wages are paid.
Are employers required to pay out unused earned sick time upon an employee’s separation from employment?
Unlike accrued and unused vacation time, employers are not required to pay out unused earned sick time upon an employee’s separation from employment.
What if an employer already has a policy regarding earned sick time?
As 2015 is a transitional year for the Earned Sick Time Law, there are safe harbor provisions for employers with qualifying policies in existence on May 1, 2015. Employers with qualifying policies will be deemed in compliance with the Earned Sick Time Law until January 1, 2016. In addition, the new law allows substitutions of employers’ paid leave polices for earned sick time under certain circumstances.
