iOn May 28, 2021, Massachusetts Governor Charlie Baker signed into law “An Act Providing for Massachusetts COVID-19 Emergency Paid Sick Leave.” The act requires eligible Massachusetts employers to provide emergency paid sick leave to employees who are unable to work for COVID-19–related reasons. On September 29, 2021, Governor Baker approved an extension of the act and increased its funding.
The act was set to remain in effect until April 1, 2022, or until the exhaustion of $100 million in program funds, whichever came first.
The act requires an employer to provide an employee with up to 40 hours of paid leave (a maximum benefit of $850 per week, reimbursable to the employer from the Commonwealth’s COVID-19 Emergency Paid Sick Leave Fund) when the employee:
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needs to “self-isolate and care for [himself or herself] because of the employee’s COVID-19 diagnosis”;
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needs to “care for a family member who is self-isolating due to a COVID-19 diagnosis”;
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needs to obtain a “medical diagnosis, care or treatment for COVID-19 symptoms”;
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needs to “care for a family member” seeking “medical diagnosis, care or treatment for COVID-19 symptoms”;
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is unable to telework due to a COVID-19 diagnosis “and the symptoms inhibit the ability of the employee to telework”;
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uses the time to obtain a COVID-19 vaccination or recover from illness related to the COVID-19 vaccination; or
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is subject to a quarantine order or similar determination, or such an order or determination applies to the employee’s family member, due to COVID-19 exposure or symptoms, “regardless of whether” the employee or the employee’s “family member has been diagnosed with COVID-19.”
Key Updates and Developments
The act will expire on the earlier of April 1, 2022, or the exhaustion of $100 million in funds. On February 23, 2022, the Commonwealth issued a notice stating that the law’s funding would likely be exhausted prior to April 1, 2022. An early termination of the act requires 15 days’ notice, and the Commonwealth has stated that employers should expect such a notice soon.
Even if there is an early termination of the act, there may still be an opportunity for employers to complete their submissions of applications for reimbursement. The Executive Office for Administration and Finance will establish a run-out period after the program to allow employers to finish their applications.
