Tag Archives: leave

New Massachusetts Sick Time Law Explained

As you know, on November 4, 2014 Massachusetts voters approved ballot question 4 which enacts a new section of MGL c. 149  section 148C and provides for Massachusetts employees to earn and use 40 hours of sick leave in a calendar year.

This new law is effective July 1, 2015.  The law applies to employees of private and public entities with eleven or more employees.  However,  employees employed by cities and towns shall not be considered employees for purposes of this law until this law is accepted by vote of the city or town as a local option or by appropriation as provided for in Article CXV of the Amendments to the Constitution of the Commonwealth.  A local option law for a city must be voted on by the city council in accordance with its charter and in the case of a town by town meeting or town council.

Although most unionized employees already earn sick leave, some benefits of the new law that may not already exist are as follows:

  1. Any and all of the 40 hours of sick leave can be used to care for an employee’s child, spouse, parent or parent of spouse.
  2. The sick leave can be used for both physical and mental illness.
  3. The sick leave can be used for routine medical appointments for the employee or family members.
  4. The sick leave can be used for time needed to address the psychological, physical or legal effects of domestic violence.
  5.  Employees may carry over up to 40 hours of unused sick time to the next calendar year.
  6. An employer may only require medical certification for use of sick time when an earned sick time period covers more than  24 consecutively scheduled work hours and such certification cannot  require that the documentation explain the nature of the illness or the details of the domestic violence.
  7.  It is unlawful for the employer to use the taking of earned sick time as a negative factor in any employment action such as evaluation, promotion, disciplinary action or termination or to otherwise discipline an employee for using sick time.

This new law provides minimum benefits and employers can adopt or retain earned sick time policies that are more beneficial than the requirements of this Law.  Sick leave also continues to be subject to collective bargaining.  However, any sick time employment benefit program or plan cannot provide any lesser sick time rights than the rights established under this law.

Sandulli Grace and MassCOP win confirmation of arbitration award reinstating officer fired for running out of leave, and holding that FMLA benefits are a floor of rights which can be improved in negotiations

Officer Tyrone Patruno was injured off the job, and then fired when he ran out of his paid time off and his unpaid FMLA leave.  The Barre Patrol Officers’ Union, MCOP Local 340, AFL-CIO, was represented by Attorney Leigh Panettiere of Sandulli Grace, P.C.  The Arbitrator agreed with the Union’s argument and found that there was a practice of offering light duty to officers injured off the job, and further that there was no justification for the Town to refuse to Patruno’s request for extended unpaid leave to recover from his injury.

The Town appealed the arbitrator’s award, arguing that the arbitrator exceeded his powers by requiring the Town to give more than the three months of leave guaranteed by the Family and Medical Leave Act.  The court rejected the Town’s argument (as did the arbitrator) on the basis that the FMLA is a floor of benefits and the parties are free to negotiate a greater benefit in their contract.  Patruno was ordered reinstated to light duty pending a doctor’s decision that he is fit for full duty, with back pay to the date his doctor cleared him to work light duty.

Public employers cannot unilaterally impose FMLA policies, because they impact availability of paid and unpaid leave, as well as compensation and job security — all mandatory subjects of bargaining.  Based upon this rule of collective bargaining law that was reaffirmed in the Barre case, Sandulli Grace advises its clients to watch for new FMLA policies, and contact their union representative if they believe an employer has imposed a policy without bargaining.

Download the decision…