Massachusetts voters approved a ballot measure known as the “Massachusetts Paid Sick Days Initiative” to provide earned paid sick leave to employees. The Earned Sick Time Law is effective July 1, 2015, and generally covers all employers in Massachusetts. Employers must comply with existing collective bargaining agreements or contracts that have more generous leave provisions.

The paid leave requirement only applies to employers with 11 or more employees, as follows:

• Employers with 11 or more employees must allow all employees to earn and use paid sick time.
• Employers with fewer than 11 employees must allow all employees to earn and use unpaid sick time.

All employees (including part-time, temporary and seasonal employees) working in Massachusetts are eligible to accrue earned sick time. The law requires that employees earn a minimum of one hour of sick time for every 30 hours worked, starting July 1, 2015, up to a maximum of 40 hours per calendar year. Employees must be permitted to carry over up to 40 hours of earned but unused sick time into the next calendar year. However, the law does not require employers to allow employees to use more than 40 hours of earned sick time in a calendar year.

An employee may use earned and accrued sick time, whether paid or unpaid, to:

• Care for a physical or mental illness, injury or medical condition affecting the employee or his or her child, spouse, parent or parent-in-law;
• Attend routine medical appointments of the employee or his or her child, spouse, parent or parent-in-law; or
• Address the effects of domestic violence on the employee or his or her dependent child.

Employers may require medical documentation or certification for the need to use earned sick time if the employee is absent for more than 24 consecutive work hours. However, an employer may not delay or deny sick time if this certification is not received.

The Massachusetts Attorney General filed draft regulations to implement the Earned Sick Time Law. These draft regulations clarify practices and policies in the administration and enforcement of the Earned Sick Time Law.

On May 17, 2015, the Massachusetts Attorney General announced a delay in implementation of the earned sick time requirement, until Jan. 1, 2016, for certain employers who satisfy the requirements of a “safe harbor”. Employers who satisfy the requirements of a safe harbor may delay the implementation of earned sick time until January 1, 2016, according to the Massachusetts Attorney General. To qualify for this safe harbor, all of the following requirements must be met:

• The employer must have had a paid time off policy in place as of May 1, 2015;
• The employer’s paid time off policy must have provided employees with the right to use at least 30 hours of paid time off during the 2015 calendar year; and
• Any paid time off, including sick time, used by an employee from July 1, 2015, to December 31, 2015, must be job-protected leave subject to the law’s non-retaliation and non-interference provisions.

On or before January 1, 2016, all employers operating under this safe harbor must adjust their paid time off policy to conform to the requirements of the Earned Sick Time Law.

Please contact your NEEBCo representative for more information.