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Earned Sick Time Law takes effect July 1, 2015

 

The new law effects many South Coast worlers and business. Share with your friends if they work part time

The Massachusetts Attorney general office has posted a detailed explanation of the Earned Sick Time Law that takes effect July 1, 2015, and it effect all residents.

Many workers classified as part-time can start accruing paid sick time leave thanks to the new law.  This new law applies for small businesses with more than 11 employees. The law is wide reaching:

Earned Sick Time for Employees

On November 4, 2014, Massachusetts approved Ballot Question 4 -"Earned Sick Time for Employees." I am writing to explain what the laws means to you as a Massachusetts employer.

Effective Date
The law takes effect July 1, 2015.

What is Sick Time?
Employees may use sick time to care for themselves, spouse, child, parent, or parent of spouse, for physical or mental illness, injury or medical condition that requires home care, professional medical diagnosis or care, preventative medical care, or routine medical appointments, or to address psychological, physical or legal effects of domestic violence.

If the use of earned sick time is foreseeable, the employee must make a good faith effort to provide notice to the employer in advance of using the earned sick time.

Earned Sick Time
All employees are entitled to earn sick time. An employer must provide 1 hour of earned sick time for every 30 hours worked. An employee begins accruing sick time commencing the date of his hire (or July 1, 2015, whichever is later). Employees may not use earned sick time until the 90th calendar day from the date of hire. After the 90th day, employees may use earned sick time as it accrues.

If an employee is not entitled to paid earned sick time (see below), he shall be entitled to earn and use up to 40 hours of unpaid earned sick time from an employer in a calendar year.

Earned sick time shall be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for time.

Employees may carry over up to 40 hours of unused earned sick time to the next calendar year but are not entitled to use more than 40 hours in one calendar year.

Employers are not required to pay out unused earned sick time upon separation of employment.

Paid Earned Sick Time
The law regarding paid earned sick time applies only to employers employing eleven or more employees. An employer's total number of employees includes full- and part-time and temporary employees.

Like with earned sick time, employees may earn and use up to 40 hours of earned paid sick time in a calendar year. Employees accrue 1 hour for every 30 hours worked. Accrual begins on the date of hire (or July 1, 2015, whichever is later). Employees cannot use accrued paid earned sick time until 90th calendar day after date of hire. Employers are not required to pay out unused earned sick time upon separation of employment.

When Employee Uses Sick Time
If an employee uses sick time, and if both the employer and employee agree, the employee may work an equivalent number of additional hours during the same or the next pay period as the hours not worked due to sick time used. In these circumstances, the employee is not required to use accrued sick time for his absence nor is the employer required to pay for the time the employee was absent. But an employer cannot require an employee to work additional hours nor make the employee find a replacement.

Documentation
An employer may require documentation when an employee uses more than 24 consecutively scheduled work hours. The employee may provide any reasonable documentation signed by a health care provider that indicates the need for earned sick time taken. The employer can require that the documentation explain the nature of the illness or the details of domestic violence. The employer may not delay the taking of earned sick time or the payment of paid earned sick time on the basis that the employer has not received the documentation.

Sick Time Policies
Nothing in the new law prohibits an employer from establishing or continuing a sick time policy that is more generous than the law itself, nor does the new law diminish, curtail or impair an employer's existing obligation under a collective bargaining agreement, contract or employment benefit program.

Employers required to provide paid earned sick time under this law may do so under an existing "paid time off, vacation or other paid leave" policy as long as the employer makes available an amount of paid time off sufficient to meet the accrual requirements that may be made for the same purposes and under the same conditions as paid earned sick time.

Violations of the New Law
There are no criminal sanctions attached to the new law. The Attorney General may issue a civil citation to an employer for a violation. An employer is entitled to appeal a citation to an administrative hearing.

The new law allows an aggrieved employee to file a private civil action against an employer. If the employee prevails, he is entitled to mandatory treble damages, costs and reasonable attorney's  fees.

Employers are not allowed to utilize any adverse employment action against an employee for his using earned sick time or for asserting his rights under the new law.

 

Once the Attorney General prepares a notice of the new law, employers must post the notice in a conspicuous location accessible to employees and provide the employees with a copy.

 

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