Massachusetts Emergency Paid Sick Leave Fund

Massachusetts Emergency Paid Sick Leave Fund

The Massachusetts state legislature has passed a law establishing a COVID-19 Emergency Paid Sick Leave Fund to reimburse eligible employers for providing employees with COVID-19 emergency paid sick leave.

Amount of Leave

Any employee who performs services for an employer for wages or other compensation is eligible for the emergency paid sick leave.

Amount of Leave Per Employee Type

Employee who works 40 hours or more per week

40 hours

Employee who works less than 40 hours, but on a consistent schedule

Average number of hours that the employee works per week over a 14-day period

Employee who works a variable schedule and hours

Average number of hours that the employee worked (or would normally be scheduled to work) per week over the 6-month period immediately preceding the leave

Reasons for Leave

Employers shall provide COVID-19 emergency paid sick leave for the following reasons:

  • The employee needs to (1) self-isolate due to a COVID-19 diagnosis; (2) obtain a COVID-19 diagnosis, care, or treatment, (3) obtain the COVID-19 vaccine, or (4) recover from an illness or other condition arising from the vaccine.
  • The employee needs to care for a family member who needs to (1) self-isolate due to a COVID-19 diagnosis, or (2) obtain a COVID-19 diagnosis, care, or treatment.
  • The employee is under a quarantine order due to exposure to COVID-19, regardless of whether the employee is exhibiting symptoms or has been diagnosed with COVID-19.
  • The employee needs to care for a family member who is under a quarantine order due to exposure to COVID-19, regardless of whether that family member is exhibiting symptoms or has been diagnosed with COVID-19.
  • The employee is diagnosed with COVID-19 and their symptoms inhibit their ability to telework.

Employees needing COVID-19 emergency paid leave must provide notice to their employer as soon as practicable or foreseeable. Employers can require the employee to follow reasonable notice procedures to continue receiving the leave.

Records Confidentiality

Employers must maintain employee COVID-19-related health information in a file separate from other personnel information, in accordance with any state and federal law. The information must be treated as confidential medical records and not be disclosed except to the affected employee or with the express permission of the affected employee.

Notice Obligation

There will be a notice of this law issued for employers in English and in other languages as required. Employers must:

  • Post this notice in a conspicuous location accessible to employees in every establishment where employees with rights under this section work and provide employees with a copy of the notice.
  • Provide employees with a copy of the notice via electronic communication or via a conspicuous posting in the web-based platform, if the employer does not maintain a physical workplace, or if the employee teleworks or performs work through a web-based platform.
  • The fund is available to employers of any size, public and private sector.
  • The employer reimbursement is capped at $850 per employee, per week.
  • Employers can expect reimbursement within 30 days of filing the application. The application must include a copy of the employee’s written request for leave, including the date(s) of requested leave and the reason(s) for leave, and the employee’s declaration that they will be unable to work (including telework) during that time. In the case of leave request based on a quarantine order, the employee statement must include the name of the entity/provider ordering quarantine and their relation, if any, to the employee.
  • COVID-19 emergency paid sick leave is available until the first to occur of:
    • money in the COVID-19 Emergency Paid Sick Leave Fund is no longer available
    • notification to employers that funds will no longer be available for reimbursement
    • September 30, 2021
  • No double-dipping allowed! Employer-paid qualified sick leave wages that are eligible for the American Rescue Plan Act (ARP) tax credit are not eligible for reimbursement from this fund.

Additional Information

Massachusetts employers should be on the lookout for a forthcoming multilingual outreach program to inform employers, employees and health care providers about the availability of COVID-19 emergency paid sick leave.

Massachusetts Emergency Paid Sick Leave Fundhttps://www.cbiz.com/Portals/0/Images/GettyImages-1271320437.jpg?ver=2021-06-07-125954-047The Massachusetts state legislature has passed a law establishing a COVID-19 Emergency Paid Sick Leave Fund to reimburse eligible employers for providing employees with COVID-19 emergency paid sick leave.2021-06-07T16:00:00-05:00The Massachusetts state legislature has passed a lawestablishing a COVID-19 Emergency Paid Sick Leave Fund to reimburse eligibleemployers for providing employees with COVID-19 emergency paid sick leave.Regulatory, Compliance, & LegislativeEmployee Benefits ComplianceNo