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April 27, 2015

Briefing: Earned sick time

Massachusetts is getting ready to enact a sick-time law that voters approved in November. The ballot initiative received a healthy dose of support, passing by 59 percent to 40 percent, and the new rules are expected to kick in July 1.

What does the law mandate?

The upshot of the lengthy ballot initiative is that businesses with at least 11 employees must provide 40 hours of paid sick time a year. Businesses with fewer people must offer that same amount of time, but they don't have to pay for it.

Workers must accrue the sick time at the rate of one hour for every 30 hours of work; and use it according to guidelines on illness, doctor visits and other circumstances.

Also, employees can carry over up to 40 hours of unused sick time to the next calendar year, but can't use more than 40 hours in a calendar year. Employers would not have to pay employees for unused sick time when they leave their jobs.

What's the problem?

The law isn't written yet. The regulations will affect businesses throughout the state, many of which already have their own sick-time policies. That makes the new rules both sweeping and complex. Crafting a law that's clear, thorough, practicable and that adheres to the will of the voters is not an easy task.

And although Attorney General Maura Healey expects that work to be finished soon — with draft regulations to be filed by the end of this month, and final regulations published by mid-June, according to an April 16 report by State House News Service — that makes the timing tight for businesses to make the adjustments they need to be in compliance come July.

Will there be a delay in implementing the law?

Some, including state Sen. Michael Rodrigues, D-Westport, and the business group Associated Industries of Massachusetts, have recently pushed for a postponement to Jan. 1, 2016. They argue that employers need more time to make any changes to their internal procedures and systems, in order to implement the new rules properly and smoothly. Some also say a mid-year rules switch is tougher to deal with than one that would begin Jan. 1.

Others have urged officials to stick to the schedule. Ben Wright, director of Raise Up Massachusetts, said in the April 16 report that his group worked hard for passage so that workers currently without earned sick time can gain it. “The public wants earned sick time, and we should go forward with implementation just as the voters voted,” he said.

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