As previously covered in our blog, Massachusetts voters approved the Earned Sick Time Law that became effective on July 1, 2015. Under the law, employers must provide their employees with a minimum of one hour of earned sick time for every 30 hours worked. Employees working for an employer with 11 or more employees can earn up to 40 hours of paid sick time each calendar year. Employees working for an employer with less than 10 employees can earn up to 40 hours of unpaid sick time each calendar year. Earned sick time will be accrued on the employee’s first day of employment or when the law becomes effective. Employees are entitled to use the time beginning on the 90th day. Any unused sick time can be carried over to the next calendar year, but must not exceed 40 hours. Employers may seek documentation from employee if sick time is 24 consecutively scheduled work hours.
Prior to the law’s effective date, the Office of the Attorney General released regulations stating employers with a policy in existence on May 1, 2015 that provided paid time off or paid sick leave, would be in compliance until January 1, 2016. To qualify for the “Safe Harbor,” the existing policy had to provide: 30 hours of paid time off between January 1, 2015 and December 31, 2015; all employees accrued paid time off at the same rate of accrual or receive lump-sum allocations based on a reasonable approximation of hours worked; and the hours of paid time off must be job-protected leave subject to the law’s anti-retaliation provisions, available for the allowed purposes of the leave under the Earned Sick Time Law, and available to the employee after January 1, 2016 if unused during the transition year.
With January 1, 2016 around the corner, employers under the “Safe Harbor” must adopt a sick leave policy that is fully compliant with the Earned Sick Time Law. To order the mandatory Earned Sick Leave posting or have any questions, give us a call!