Question: The new paid sick time law for employers of 11 or more employees in Massachusetts says that employees will accrue one hour of paid sick time for every 30 hours worked. That can work out to be more than 40 hours per year for some employees. While the law is clear that employees can only take 40 hours and carryover 40 hours - can they accrue more than 40 hours, and thereby have more to carryover into the following year?
Answer: The law says that employees who work for employers with 11 or more employees can "earn and use up to 40 hours of paid sick time per calendar year." Our reading is that sick leave is therefore capped at 40 hours per year. Since the law does not go into effect until July, 2015, we anticipate that this will be confirmed by regulations from the Massachusetts Attorney General's office before July.
Dave Wilson has spent over two decades litigating wage and hour, employment, real estate, maritime, and general commercial disputes in the state and federal courts of Massachusetts and New Hampshire. Dave spends a significant amount of his time acting as a business partner with his clients, counseling and training them in all areas of employment relations law. Please visit the Hirsch Roberts Weinstein LLP website for more information.