2. Before 2014: What Leave Required?Before 2014: What Leave Required?

Family and Medical Leave Act (“FMLA”)Family and Medical Leave Act (“FMLA”)

Americans With Disabilities Act (“ADA”) (Leave AsAmericans With Disabilities Act (“ADA”) (Leave As
Reasonable Accommodation)Reasonable Accommodation)

Uniformed Services Employment and Reemployment RightsUniformed Services Employment and Reemployment Rights
ActAct

MA Maternity Leave ActMA Maternity Leave Act

MA Small Necessities Leave ActMA Small Necessities Leave Act

Civic Duties: Voting, Jury Duty, Military LeaveCivic Duties: Voting, Jury Duty, Military Leave

3. New Leave Laws—2014-2015New Leave Laws—2014-2015

Domestic Violence Leave Act, G.L. c.149, s.52EDomestic Violence Leave Act, G.L. c.149, s.52E
− Effective nowEffective now
− Employers with 50+ employeesEmployers with 50+ employees

Parental Leave Act, G.L.c. 149, s. 105DParental Leave Act, G.L.c. 149, s. 105D
− Effective now (eff. April 7, 2015)Effective now (eff. April 7, 2015)
− Employers with 6+ employeesEmployers with 6+ employees

Sick Leave Law, G.L. c. 149, s. 148CSick Leave Law, G.L. c. 149, s. 148C
− Effective July 1, 2015Effective July 1, 2015
− All employers (paid leave if 11+ employeesAll employers (paid leave if 11+ employees

4. Domestic Violence Leave Act (“DVLA”)Domestic Violence Leave Act (“DVLA”)

Employers of 50+ employeesEmployers of 50+ employees

Up to 15 days of unpaid leave per 12-month period, if employee orUp to 15 days of unpaid leave per 12-month period, if employee or
family member is victim of DV, for:family member is victim of DV, for:
− Medical attentionMedical attention
− CounselingCounseling
− Victims' assistance and servicesVictims' assistance and services
− Securing housingSecuring housing
− Obtaining protective order from courtObtaining protective order from court
− Meeting with law enforcementMeeting with law enforcement
− Attending adoption hearingAttending adoption hearing
− ““Other”—to be safe, anything relating to DVOther”—to be safe, anything relating to DV

5. DVLA—Employer's ObligationsDVLA—Employer's Obligations

Provide employees with notice of leave rights and
employees' obligations (e.g. handbook, poster, memo)

Keep all information confidential

Reinstate employee after leave

Don't retaliate

6. DVLA—Employees' ObligationsDVLA—Employees' Obligations

Must exhaust PTO first (if employer requires)Must exhaust PTO first (if employer requires)

““Appropriate advance notice” unless emergencyAppropriate advance notice” unless emergency

Notice in emergency:Notice in emergency:
− Must notify of leave within three days of first day offMust notify of leave within three days of first day off
− Must provide documentation within 30 days after last day ofMust provide documentation within 30 days after last day of
leaveleave

Documentation within 30 days of last day of leave (if employerDocumentation within 30 days of last day of leave (if employer
requires)requires)

7. DVLA—Penalties for ViolationDVLA—Penalties for Violation

Violation=failure to give leave / retaliationViolation=failure to give leave / retaliation

AGO enforcementAGO enforcement

Private right of actionPrivate right of action
− Mandatory treble damagesMandatory treble damages
− Attorneys' feesAttorneys' fees

8. DVLA—RecommendationsDVLA—Recommendations

Draft domestic leave policyDraft domestic leave policy
− Require PTO exhaustionRequire PTO exhaustion
− Require documentationRequire documentation
− Provide policy to employees or post in conspicuous areaProvide policy to employees or post in conspicuous area

Don't deny request for DV leave, but insist on documentationDon't deny request for DV leave, but insist on documentation

Wait to terminate if employee does not give notice—may have 30Wait to terminate if employee does not give notice—may have 30
days to provide documentation, even if failed to give noticedays to provide documentation, even if failed to give notice

9. Parental Leave ActParental Leave Act

Employers with 6+ employeesEmployers with 6+ employees

Replaces former Massachusetts Maternity Leave Act—now givesReplaces former Massachusetts Maternity Leave Act—now gives
paternal leave to menpaternal leave to men

Eight weeks of unpaid leave in case of:Eight weeks of unpaid leave in case of:
− BirthBirth
− Placement for adoption of child under 18 (or developmental-Placement for adoption of child under 18 (or developmental-
needs adult under 23)needs adult under 23)
− Placement of child by court order? (in bill, but omitted in law;Placement of child by court order? (in bill, but omitted in law;
may be added eventually)may be added eventually)

10. Parental Leave Act—Parental Leave Act—
Employer ResponsibilitiesEmployer Responsibilities

Provide eight weeks leave (likely per child)Provide eight weeks leave (likely per child)
− If both parents work for same employer, they share the eightIf both parents work for same employer, they share the eight
weeks as aggregateweeks as aggregate

Reinstate employee to same or similar positionReinstate employee to same or similar position

Post notice of rights in conspicuous placePost notice of rights in conspicuous place
− AGO has not created sample poster yetAGO has not created sample poster yet

No need to provide benefits during leave (unless employer givesNo need to provide benefits during leave (unless employer gives
benefits for other leaves)benefits for other leaves)

11. Parental Leave Act—Employee'sParental Leave Act—Employee's
Responsibilities/RequirementsResponsibilities/Requirements

Three-months as full-time employeeThree-months as full-time employee

Two weeks' notice of leaveTwo weeks' notice of leave
− Or, as soon as practicable, if not two-weeks' notice not possibleOr, as soon as practicable, if not two-weeks' notice not possible
due to forces outside employee's controldue to forces outside employee's control

Employee may use PTO if accruedEmployee may use PTO if accrued
− Employer cannot force employee to use PTOEmployer cannot force employee to use PTO

12. Parental Leave Act—Parental Leave Act—
Penalties for ViolationPenalties for Violation

Violation of Parental Leave Act = Discrimination under G.L. c.Violation of Parental Leave Act = Discrimination under G.L. c.
151B151B

Massachusetts Commission Against DiscriminationMassachusetts Commission Against Discrimination

Reinstatement with back payReinstatement with back pay

Back pay and front payBack pay and front pay

Attorneys' feesAttorneys' fees

Punitive damagesPunitive damages

Civil penalties ($10,000+)Civil penalties ($10,000+)

13. Parental Leave Act—RecommendationsParental Leave Act—Recommendations

Create policyCreate policy
− Post in conspicuous place, and in handbookPost in conspicuous place, and in handbook

Remember: men can take parental leaveRemember: men can take parental leave

Treat birth and adoption the sameTreat birth and adoption the same

Don't force employees to use PTODon't force employees to use PTO

14. Sick Leave LawSick Leave Law

15. Sick Leave LawSick Leave Law

Applies toApplies to allall employersemployers

Effective July 1, 2015Effective July 1, 2015

Up to 40 hours of leave per calendar yearUp to 40 hours of leave per calendar year

Accrued at 1 hour leave per 30 hours workedAccrued at 1 hour leave per 30 hours worked

Leave must be paid if employer with 11+ employeesLeave must be paid if employer with 11+ employees

No payout of unused time requiredNo payout of unused time required

AGO guidance coming soonAGO guidance coming soon

16. Sick Leave Law—UsesSick Leave Law—Uses

Leave can be used for:
− Care for employee's medical condition
− Care for medical condition of employee's child, spouse, parent,
or parent-in-law
− Employee's routine medical appointment
− Routine medical appointment of employee's child, spouse,
parent, or parent-in-law
− Address effects of domestic violence

Leave can be used in hourly increments

Employee does not need to find replacement

Employee does not need to make up hours

17. Sick Leave Law—Sick Leave Law—
Employer's ResponsibilitiesEmployer's Responsibilities

Post notice about rights, enforcement, etc. in conspicuous placePost notice about rights, enforcement, etc. in conspicuous place
− Poster from AGO apparently forthcomingPoster from AGO apparently forthcoming

Provide each employee with a notice about lawProvide each employee with a notice about law

Provide leave, and don't retaliateProvide leave, and don't retaliate

Recordkeeping (AGO regulations forthcoming)Recordkeeping (AGO regulations forthcoming)
− Likely must keep records of employer's policy, and employee'sLikely must keep records of employer's policy, and employee's
accrual and use of timeaccrual and use of time
− Likely must keep records for multiple yearsLikely must keep records for multiple years

18. Sick Leave Law—Sick Leave Law—
Employee's Responsibilities/RequirementsEmployee's Responsibilities/Requirements

Must work 90 days for employer before useMust work 90 days for employer before use

““Good faith effort” to provide advance noticeGood faith effort” to provide advance notice

Provide documentation upon employer's request (only if absence isProvide documentation upon employer's request (only if absence is
24 consecutive work hours,24 consecutive work hours, e.g.e.g. 3 days)3 days)

19. Sick Leave Law—Sick Leave Law—
Existing PTO PoliciesExisting PTO Policies

Employer need not provide extra sick leave time if existing PTOEmployer need not provide extra sick leave time if existing PTO
policy gives same rightspolicy gives same rights

Employer has choice—adapt PTO policy to comply with sick leaveEmployer has choice—adapt PTO policy to comply with sick leave
law, or provide 40 extra leave hours on top of existing PTO policylaw, or provide 40 extra leave hours on top of existing PTO policy

Changes to PTO policy:Changes to PTO policy:
− All employees (part-time, temporary, probationary) entitled toAll employees (part-time, temporary, probationary) entitled to
accrue PTO for sick leave purposesaccrue PTO for sick leave purposes
− Accrue hours v. daysAccrue hours v. days
− May need to pay out unused PTO and allow carry-overMay need to pay out unused PTO and allow carry-over

20. Sick Leave Law—Sick Leave Law—
Penalties for ViolationPenalties for Violation

AGO enforcementAGO enforcement

Private right of actionPrivate right of action

Mandatory treble damagesMandatory treble damages

Attorneys' feesAttorneys' fees

21. Sick Leave Law—RecommendationsSick Leave Law—Recommendations

Careful recordkeeping

Adapt existing PTO policy

Err on side of caution, especially through 2015 (e.g. if employee
exhausted PTO before July 1, 2015)

Don't:
− Deny leave
− Require doctor's note if less than 3 days absent
− Force employee to find replacement
− Force employee to use full day if needs to use 1+ hours

22. Summary—New Leave LawsSummary—New Leave Laws

Which laws apply to you?Which laws apply to you?
− All employers—Sick Leave LawAll employers—Sick Leave Law
− 6+ employees—Parental Leave Act6+ employees—Parental Leave Act
− 50+ employees—Domestic Violence Leave Act50+ employees—Domestic Violence Leave Act

What do you need to do?What do you need to do?
− Each requires posting/notice to employeesEach requires posting/notice to employees
− Update handbooks/policiesUpdate handbooks/policies
− RecordkeepingRecordkeeping
− Err on side of caution—harsh penalties, expensive lawsuitsErr on side of caution—harsh penalties, expensive lawsuits