2015 Webinar Series GUARANTEED SICK LEAVE IN MASSACHUSETTS Guest Presenter Timothy Kenneally,...
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Transcript of 2015 Webinar Series GUARANTEED SICK LEAVE IN MASSACHUSETTS Guest Presenter Timothy Kenneally,...
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2015 Webinar Series
GUARANTEED SICK LEAVE IN MASSACHUSETTS
Guest PresenterTimothy Kenneally, Esquire
January 13, 2015
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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.
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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
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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.
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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
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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
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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
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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
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At Termination
Employers are not required to pay the employee for unused sick time at termination.
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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
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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
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Impact on Other Leave Rights
• FMLA
• Maternity
• Domestic Abuse Leave
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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
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Recordkeeping
• M.G.L. c. 151, s. 15 – payroll records
• 2 years
• AG to provide guidance
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Penalties
• Attorney General• Written warning/civil
citation• Up to $15K first offense * Unintentional - $7,500• $25K subsequent offenses• Per violation
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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)
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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.
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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