2015 Webinar Series GUARANTEED SICK LEAVE IN MASSACHUSETTS Guest Presenter Timothy Kenneally, Esquire January 13, 2015.

2015 Webinar Series

GUARANTEED SICK LEAVE IN MASSACHUSETTS

Guest PresenterTimothy Kenneally, Esquire

January 13, 2015

Amount of Sick Leave

• Companies with 11 or more employees must provide paid sick time up to a total of 40 hours per year.

• Companies with 10 or fewer employees must provide up to 40 hours of unpaid sick time per year.

Who is Considered an Employee?• “Employee” – any person who

performs services for an employer for wage, remuneration, or other compensation.

• Full-time, part-time, temporary and seasonal workers

• Question Marks: – Employers of 11+ employees for

part of the year – Attorney General to issue

guidance

Accrual Rate• Employees will earn 1 hour of sick time for every 30 hours

worked, up to a total of 40 hours per year. (Exempt employees – presumption is 40 hours per week)

• Employees shall begin accruing earned sick time commencing with her/his date of hire or the date this law becomes effective (7/1/15), whichever is later.

Use of Sick Time• 90th calendar day after commencement of employment

• “Sick time” – intended purposes: • physical/mental illness, injury or medical condition –

employee, employee’s child, spouse, parent or parent of a spouse

• routine medical appointments of the employee or the employee’s child, spouse, parent or parent of a spouse

• domestic violence – psychological, physical or legal effects upon employee/employee’s dependent children

Use of Sick Time (cont.)Sick employee misses work but makes up the time:

• Same number of hours or shifts • Same or next pay period• No sick time deduction• No payment for missed time• Employer cannot force employee to make up time• Employer cannot condition sick time on employee finding

a replacement employee

Employee’s Rights and Responsibilities

• Carry over up to 40 hours of unused sick time to next year

• Max 40 hours may be used in any calendar year.

• Advanced Notice to Employer

• 24 consecutively scheduled work hours• Certification of Need

Retaliation

• Employers are prohibited from retaliating against an employee who exercises his or her rights under the law

• Employers cannot penalize a co-worker for assisting an employee with use or enforcement of rights under the law

• Opposition based on good faith belief that rights have been violated

At Termination

Employers are not required to pay the employee for unused sick time at termination.

Your Existing Sick Leave Policy

• Careful review of existing policy• Policies that meet or exceed the requirements of the law• Use – same purposes and same conditions• Leave buckets – issues

Notifications• Edit and roll out “new” policy• Inform employees – employer's

expectation and intention that a portion of the paid time off afforded under existing policy is for sick time as required by the law

• Do not assume that employees will view existing policy as compliant with law – tell them

• Deadline – July 1, 2015

Impact on Other Leave Rights

• FMLA

• Maternity

• Domestic Abuse Leave

Domestic Abuse Leave

• Relationship to Sick Leave

– Must exhaust all leave time, including sick, first unless employer waives this requirement

– Guidance from AG is instructive of potential guidance forthcoming on sick leave

Recordkeeping

• M.G.L. c. 151, s. 15 – payroll records

• 2 years

• AG to provide guidance

Penalties

• Attorney General• Written warning/civil

citation• Up to $15K first offense * Unintentional - $7,500• $25K subsequent offenses• Per violation

Endnotes

• Majority of Information taken from: Commonwealth of Massachusetts, Office of the Attorney General, “Initiative Petition for a Law Relative to Earned Sick Time,” Petition No. 13-07, dated 8/6/13

• M.G.L. c. 151A, s. 1(g ½)• M.G.L. c. 151, s. 15• M.G.L. c. 149, s. 27C(b)

Questions & Answers Timothy Kenneally, EsquireFoley & Foley, [email protected]

Attorney Kenneally has work for Foley & Foley PC since March, 2008. His practice involves the representation of clients in matters involving employment and labor law, insurance, contracts and litigation.

A 1990 graduate of the College of the Holy Cross and a 1993 graduate of Suffolk University Law School, Attorney Kenneally has been a licensed attorney in Massachusetts since December 1993. He has been a member of the bar of U.S. Supreme Court since 2002.

Attorney Kenneally serves as the current President of the Tri-Town Chamber of Commerce in Mansfield, MA.

Thank You for Attending!Join us for our next Sylvia Group educational event:

The Smart Route to Self-InsuranceA seminar for businesses with 50 or more employees

WhenFebruary 5, 2015, noon – 2 p.m.

Lunch will be served

WhereSylvia Group offices, 500 Faunce Corner Road, Dartmouth, MA

ContactMarlene Kalisz, Director of Client Services and Staff Development

[email protected] / 508-742-9232