An Update on the Massachusetts Sick Leave Law – What You Should Know At Year End

What you need to know:

As detailed in our November client alert, Massachusetts will require employers to grant at least forty hours of sick leave to their employees each year, effective on July 1, 2015. While the portion of the law requiring paid sick leave applies only to employers with 11 or more employees, smaller employers are required to provide the same amount of unpaid sick leave. While many companies are attempting to revise their sick leave policies in advance of 2015, we recommend awaiting further guidance from the Attorney General’s office in the new year before making any substantial changes.

What you need to do:

All employers will need to review their time off policies to ensure they meet the requirements of the new law. While many employers will need to revise their policies in some way, the new law leaves substantial questions unanswered and does not go into effect until July 1, 2015. Employers are advised to stay tuned for anticipated guidance clarifying the new law before making substantial changes to comply.

Among the questions to consider or that remain unanswered are:

Is my company too small to be covered by the law?

No. The law covers all employers in Massachusetts. Only employers with 11 or more employees have to offer paid sick time. However, smaller employers should understand that they are required to offer sick leave as set forth in the new law – it just does not need to be paid.

How does the law count the eleven-employee threshold for paid leave?

The law leaves two questions in this area unanswered. First, do employees in other states or countries count towards the threshold? Second, what obligations will apply to an employer in the event that it previously had 11 employees, but then drops below that threshold?

How can employers prevent or address potential abuse of sick time?

Since the law only allows employers to request certification of the need for leave if the employee uses “more than 24 consecutively scheduled work hours,” do employers have any right to verify the need for leave taken in small increments? Also, what steps can an employer take if certification is not forthcoming from an employee who takes more than 24 consecutive hours of leave? Can employers continue to reward employees for unused sick time, given that the law prohibits interfering with or retaliating against an employee for taking earned sick time?  

How will we track accrual and usage of sick time under the new law?

While most employers already have policies that provide for the same or greater amounts of leave than is required by the new law, many employers are not equipped to track accrual or usage of sick time as contemplated by the law. Employers will want to put tracking systems in place, and to educate managers about the requirements of the new law.

While we continue to field questions from clients seeking to modify their policies, we advise waiting until the spring to make any major changes. The Attorney General’s office is currently collecting questions regarding the law, and once Maura Healey’s administration is in place, is expected to promulgate regulations to answer them. Employers are advised to check in with counsel in the spring, to reap the benefit of any further guidance before modifying their policies in advance of the July 1^st effective date.