Massachusetts voters approved a ballot referendum Nov. 4, 2014, that requires businesses to allow their workers to earn sick leave takes effect July 1, 2015.    Under the measure, employers with:

• 11 or more employees must let workers earn up to 40 hours of paid sick leave each calendar year.
• 10 or fewer employees also must allow workers to earn 40 hours per year but the sick days don't have to be paid.

Both full-time and part-time employees are eligible to earn the sick time, under the measure.   Under the new law, for every 30 hours worked, an employee accrues one hour of sick time-up to 40 hours. New workers start accruing from the first day of employment, but the leave can't be used until the worker has been employed for 90 days.   The accrued but unused leave doesn't have to be paid on termination. 

Sick time may be used if employees are ill or have a medical appointment, or if they must care for an ill family member. They also must be permitted to use sick time to receive assistance related to domestic violence.

Employees may carry over up to 40 hours of unused sick time to the next year, under the measure, but employers aren't required to permit use of more than 40 hours of sick time in any calendar year.

Employers that already provide their employees paid time off under a PTO (paid time off), vacation or other paid leave policy are not required to provide any additional paid sick time under the new law, provided they permit employees to use at least 40 hours per calendar year for the purposes covered under the law.    Furthermore, this law does not override any employer's obligations under any collective bargaining agreement, contract or benefit plan with more generous provisions. 

For even the smallest company, this means that effective July 1, they will have to start tracking employees' time worked so they will know how much sick time they have accrued.

Most of our clients have Group Short Term Disability in place.  Remember, group disability applies only to the EMPLOYEE.  It does not provide benefits for family members, or to take care of family members.  In order to receive benefits, the Employee must be deemed disabled by a physician.  Most group policies have a one week waiting period for maternity, sickness. surgery, etc.  So, this does not interfere with the new Mass Sick Pay Policy which applies to the first week only.

Where we may see some overlap is with benefits paid for accidents.  Typically accident benefits are paid on the very first day.  So, if an employee opts to use Mass Sick Pay benefits and files a disability claim, the insurance carrier will offset or reduce the benefit paid out by Mass Sick Pay.  This will only apply to the first week of benefits!  After one week, if the employee is still certified as disabled, then the group plan kicks back in.