Massachusetts’s Earned Sick Time law, passed by voters via ballot initiative last November, will take effect on July 1, 2015. The Office of the Attorney General has released proposed regulations to implement and clarify the scope of the new law. The proposed regulations will be discussed at six public hearings during May and June. The Boston hearing will take place on May 18, 2015, from 10:30 a.m. – 1:30 p.m. at 100 Cambridge Street, Boston.

The proposed regulations include the following key provisions:

• At the outset, the proposed regulations state that they do not affect any “policy or practice of any employer that provides for greater, additional or more benefits or sick leave than those required” by the law.  (940 CMR 33.01(4)). This is a partial restatement of the text of the statute itself, which  specifically states that employers with unrestricted “PTO” policies do not have to provide additional sick time over and above the PTO they already offer, as long as the offered PTO is in line with the other accrual requirements in the law. (G.L. c. 149, § 148C(k)).
• The proposed regulations also state that the requirements are in addition to time off afforded under other statutes. This means that if an employee is already entitled to time off under the FMLA (Family Medical Leave Act), MPLA (Massachusetts Parental Leave Act), MDVLA (Massachusetts Domestic Violence Leave Act), and the SNLA (Small Necessities Leave Act), the new sick time provisions must be implemented and tracked by employers separately from leave under these other statutes.
• The proposed regulations allow an employee to keep accrued sick time even if he or she has had a “break in service” from the employer.  A “break in service” is defined as a period of time up to one year from the date the employee last worked for the employer until the employee’s return to employment, regardless of whether the separation was voluntary or involuntary.
• Employers may not require employees to provide written documentation of the need for sick leave (i.e., a doctor’s note) until the employee has used 24 consecutive hours of sick time.  This means that if an employee must be out for less than three complete eight hour workdays, the employer cannot require the employee to produce a doctor’s note.
• Employees are not required to specifically ask for “sick time” to invoke the protections of the law.  Employers must know what types of activities the law protects and ensure that the employee receives the proper sick time leave if the employee’s situation matches the requirements of the law.

Additional information is available through an FAQ published by the Office of the Attorney General. You can e-mail comments on the proposed regulations to the Attorney General at [email protected], and include a reference to “Earned Sick Time” in the subject line.

For questions or to request additional information, please contact Christine M. Netski (chair, Employment Law Group) or your attorney contact at Sugarman Rogers.

This Alert was prepared for the clients and friends of Sugarman, Rogers, Barshak & Cohen, P.C. It is provided for educational and informational purposes only and is not a substitute for professional advice on your specific legal situation.

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Christine M. Netski

Managing Partner

617.227.3030 Email Christine