The 2015 Massachusetts Earned Sick Time Law Frequently asked Questions (FAQ)
Q. Which employers must comply with the new law?
A. The law itself applies to ALL employers (however, some portions of the law apply to employers of a certain size).
Q. When does the new law take affect?
A. July 1, 2015
Q. What new entitlements does the new law grant to employees?
A. The law entitles employees in Massachusetts to earn and use sick time in accordance with certain conditions.
Q. How much earned sick time can employees accrue?
A. Employees would earn one hour of sick time for every 30 hours worked (note this is a total of 69.34 hours per year) however the law appears to limit the use of that time to 40 hours of sick time per calendar year. [Likely this will be flushed out as limiting the accrual to 40 hours per year]
Q. Is the sick time paid or unpaid?
A. Both:
Q. When can I start using the sick time earned?
A. Employees may begin using earned sick time on the 90th day after hire.
Q. How much do I get paid for my sick time?
A. Earned paid sick time must be compensated at the same hourly rate paid to the employee when the sick time is used.
Q. What are acceptable reasons for an employee to use his/her earned sick time?
A. An employee may miss work:
Q. Do I need to notify my employer that I am going to miss work?
A. Employees must make a good faith effort to notify the employer in advance, if the need for earned sick time is foreseeable (routine appointments or scheduled procedures).
Q. How must earned sick time be paid?
A. Earned paid sick time must be compensated at the employee’s regular hourly rate, and must be paid to the employee in the payroll cycle covering the time period when the sick time is used.
Q. What if an employee does not use all their earned sick time?
A. Employees may carry over up to 40 hours of unused sick time to the next calendar year, but may not use more than 40 hours of sick time in a calendar year.
Q. Am I emtitled to be paid for my earned sick time, like I am my vacation time?
A. Employers do not have to pay employees for unused sick time at the end of their employment.
Q. My work is different, what if my employer tells me I have to make up the missed time?
A. Employers may not require an employee to work additional hours or to make up for missed time.
Q. Can an employer require certification or approval before I can use the sick time?
A. Employers may require certification of the need for sick time if an employee misses more than 24 consecutively scheduled work hours. However, an employer may not delay the taking of, or payment for, earned sick time because they have not received the certification or because it is inconveinient.
Q. What is a violation of the earned sick time law?
A. Employers may not interfere with or retaliate based on an employee’s exercise of earned sick time rights or an employee’s support of another employee’s exercise of such rights.
Q. Who enforces a violation of the earned sick time law?
A. The Attorney General will enforce the new law, using the same enforcement procedures applicable to other state wage laws. [Violations of the earned sick time law may subject employers to civil penalties up to $25,000 per violation.]
Q. What about civil suits for a violation of the earned sick time law?
A. Employees may file suits in court to enforce their earned sick time rights (the same as other wage and hour violations). [Employees may recover treble damages, costs of litigation, and reasonable attorneys fees.]
Q. What if there is already a sick time policy in place?
A. The new law is a minimum standard and does not override employers’ obligations under any contract or benefit plan with more generous provisions than those in the proposed law. [Employees must receive at least what the law allows, but may receive more.]
Q. Is there a poster requirement for the sick time law, like the other laws?
A. The Attorney General will prepare a multilingual notice regarding the right to earned sick time, and employers will be required to post the notice in a conspicuous location and to provide a copy to employees.
Q. How should employers prepare for the new earned sick time law?
A. Employers should:
A. The law itself applies to ALL employers (however, some portions of the law apply to employers of a certain size).
Q. When does the new law take affect?
A. July 1, 2015
Q. What new entitlements does the new law grant to employees?
A. The law entitles employees in Massachusetts to earn and use sick time in accordance with certain conditions.
Q. How much earned sick time can employees accrue?
A. Employees would earn one hour of sick time for every 30 hours worked (note this is a total of 69.34 hours per year) however the law appears to limit the use of that time to 40 hours of sick time per calendar year. [Likely this will be flushed out as limiting the accrual to 40 hours per year]
Q. Is the sick time paid or unpaid?
A. Both:
- PAID: Employees who work for employers having 11 or more employees will receive paid sick time, up to 40 hours per calendar year.
- UNPAID: Employees who work for employers having less than 11 employees will receive unpaid sick time, up to 40 hours per calendar year.
- [All full-time, part-time and temporary employees are counted for determining the number of employees.]
Q. When can I start using the sick time earned?
A. Employees may begin using earned sick time on the 90th day after hire.
Q. How much do I get paid for my sick time?
A. Earned paid sick time must be compensated at the same hourly rate paid to the employee when the sick time is used.
Q. What are acceptable reasons for an employee to use his/her earned sick time?
A. An employee may miss work:
- to care for a physical or mental illness, injury, medical condition affecting the employee, their child, spouse, parent, or parent of a spouse;
- to attend his/her own routine medical appointments or those of their child, spouse, parent, or parent of a spouse; or
- to address the effects of domestic violence on themselves or their dependent child.
Q. Do I need to notify my employer that I am going to miss work?
A. Employees must make a good faith effort to notify the employer in advance, if the need for earned sick time is foreseeable (routine appointments or scheduled procedures).
Q. How must earned sick time be paid?
A. Earned paid sick time must be compensated at the employee’s regular hourly rate, and must be paid to the employee in the payroll cycle covering the time period when the sick time is used.
Q. What if an employee does not use all their earned sick time?
A. Employees may carry over up to 40 hours of unused sick time to the next calendar year, but may not use more than 40 hours of sick time in a calendar year.
Q. Am I emtitled to be paid for my earned sick time, like I am my vacation time?
A. Employers do not have to pay employees for unused sick time at the end of their employment.
Q. My work is different, what if my employer tells me I have to make up the missed time?
A. Employers may not require an employee to work additional hours or to make up for missed time.
Q. Can an employer require certification or approval before I can use the sick time?
A. Employers may require certification of the need for sick time if an employee misses more than 24 consecutively scheduled work hours. However, an employer may not delay the taking of, or payment for, earned sick time because they have not received the certification or because it is inconveinient.
Q. What is a violation of the earned sick time law?
A. Employers may not interfere with or retaliate based on an employee’s exercise of earned sick time rights or an employee’s support of another employee’s exercise of such rights.
Q. Who enforces a violation of the earned sick time law?
A. The Attorney General will enforce the new law, using the same enforcement procedures applicable to other state wage laws. [Violations of the earned sick time law may subject employers to civil penalties up to $25,000 per violation.]
Q. What about civil suits for a violation of the earned sick time law?
A. Employees may file suits in court to enforce their earned sick time rights (the same as other wage and hour violations). [Employees may recover treble damages, costs of litigation, and reasonable attorneys fees.]
Q. What if there is already a sick time policy in place?
A. The new law is a minimum standard and does not override employers’ obligations under any contract or benefit plan with more generous provisions than those in the proposed law. [Employees must receive at least what the law allows, but may receive more.]
Q. Is there a poster requirement for the sick time law, like the other laws?
A. The Attorney General will prepare a multilingual notice regarding the right to earned sick time, and employers will be required to post the notice in a conspicuous location and to provide a copy to employees.
Q. How should employers prepare for the new earned sick time law?
A. Employers should:
- review their sick time policies to assure they are in compliance with this new law;
- verify that they have a system in place that calculates the accrual of sick time in accordance with the sick time law;
- employers should clearly document any employee agreements concerning the use of accrued sick time;
- engage an attorney to review and assist with maintaining compliance with new regulations or changes to the new law.