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May 18, 2015

Businesses, AG agree on sick-time transition rule

Massachusetts businesses worried about running afoul of a new ballot law are applauding an earned sick time regulation addition they say will give some companies "breathing room" to comply with the new statute.

Attorney General Maura Healey's aides said Sunday that the "safe harbor" provision will address some concerns by businesses about implementation while ensuring the law still takes effect on July 1 for 1 million workers who currently lack access to paid or unpaid earned sick time.

The provision calls for a transition period for employers with existing paid-time-off policies.

According to Healey's office, from July 1 to Dec. 31, 2015, the regulation would ensure compliance for any employer with a paid-time-off policy in existence as of May 1 that provides employees the right to use at least 30 hours of paid time off during this year.

The paid time off must be "job protected" leave subject to the ballot law's non-retaliation and non-interference provisions. By Jan. 1, 2016, all employers operating under the safe harbor provision must adjust their paid-time-off policies to conform with the ballot law, according to Healey's office.

The Massachusetts House and Senate this year turned back efforts by lawmakers to delay implementation of the ballot law, citing the importance of the measure to workers.

In a statement, Healey said the measure "gives the businesses and nonprofits that have already been offering earned sick time to their employees slightly more time to update their systems without fear of legal action."

"The provision represents a reasonable compromise that will allow employers already offering sick leave some breathing room to implement the new law. Attorney General Healey deserves tremendous credit for responding to the concerns of employers seeking to understand a complex new law and to comply with its provisions in a responsible manner," Richard Lord, president of Associated Industries of Massachusetts, said in a statement.

Raise Up Massachusetts, the union-backed coalition that last year pressed for a minimum wage hike to go along with the earned sick time law, also expressed its satisfaction with the safe harbor rule.

"Our goals were always to provide earned sick time for working families that don't have it now, protect workers from retaliation when they need care for themselves or a loved one, and support responsible businesses that already provide sick time," Raise Up Massachusetts said in a statement released by Healey's office. "The Attorney General's regulations capture both the letter and the spirit of the ballot question and ensure full implementation of the law on July 1. The attorney general and her staff have done an excellent job creating solutions that work for everyone by crafting regulations that protect the important rights of workers while addressing the concerns of businesses."

Healey planned to discuss the safe harbor provision before a Monday morning hearing on the regulations in Boston.

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