Transcript PowerPoint slides from the webinar

2015 Webinar Series
GUARANTEED SICK LEAVE IN MASSACHUSETTS
Guest Presenter
Timothy Kenneally, Esquire
January 13, 2015
Amount of Sick Leave
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Companies with 11 or more employees must provide paid
sick time up to a total of 40 hours per year.
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Companies with 10 or fewer employees must provide up to
40 hours of unpaid sick time per year.
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
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.
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
Use of Sick Time (cont.)
Sick employee misses work but makes up the time:
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•
•
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•
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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
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
Retaliation
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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
At Termination
Employers are not required to pay the employee for unused sick
time at termination.
Your Existing Sick Leave Policy
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•
•
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Careful review of existing policy
Policies that meet or exceed the requirements of the law
Use – same purposes and same conditions
Leave buckets – issues
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
Impact on Other Leave Rights
• FMLA
• Maternity
• Domestic Abuse Leave
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
Recordkeeping
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M.G.L. c. 151, s. 15 – payroll records
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2 years
•
AG to provide guidance
Penalties
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Attorney General
Written warning/civil
citation
Up to $15K first offense
* Unintentional - $7,500
$25K subsequent offenses
Per violation
Endnotes
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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
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M.G.L. c. 151A, s. 1(g ½)
M.G.L. c. 151, s. 15
M.G.L. c. 149, s. 27C(b)
Questions & Answers
Timothy Kenneally, Esquire
Foley & Foley, P.C.
[email protected]
508.548.4888
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.
Thank You for Attending!
Join us for our next Sylvia Group educational event:
The Smart Route to Self-Insurance
A seminar for businesses with 50 or more employees
When
February 5, 2015, noon – 2 p.m.
Lunch will be served
Where
Sylvia Group offices, 500 Faunce Corner Road, Dartmouth, MA
Contact
Marlene Kalisz, Director of Client Services and Staff Development
[email protected] / 508-742-9232