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 As Americans With Disabilities Act (“ADA”) (Leave As

Reasonable Accommodation)Reasonable Accommodation) Uniformed Services Employment and Reemployment Rights Uniformed 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

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. 148C Sick 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

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 or Up 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

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

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 of Must provide documentation within 30 days after last day of

leaveleave Documentation within 30 days of last day of leave (if employer Documentation within 30 days of last day of leave (if employer

requires)requires)

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

DVLA—RecommendationsDVLA—Recommendations

Draft domestic leave policyDraft domestic leave policy Require PTO exhaustionRequire PTO exhaustion Require documentation Require 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 30 Wait 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

Parental Leave ActParental Leave Act

Employers with 6+ employeesEmployers with 6+ employees Replaces former Massachusetts Maternity Leave Act—now gives Replaces 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)

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 eight If 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 gives No need to provide benefits during leave (unless employer gives

benefits for other leaves)benefits for other leaves)

Parental Leave Act—Employee's Parental Leave Act—Employee's Responsibilities/RequirementsResponsibilities/Requirements

Three-months as full-time employeeThree-months as full-time employee Two weeks' notice of leave Two weeks' notice of leave

Or, as soon as practicable, if not two-weeks' notice not possible Or, 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

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+)

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

Sick Leave LawSick Leave Law

Sick Leave LawSick Leave Law

Applies to Applies to allall employers employers Effective July 1, 2015Effective July 1, 2015 Up to 40 hours of leave per calendar year Up 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

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

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's Likely 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

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 is Provide 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)

Sick Leave Law—Sick Leave Law—Existing PTO PoliciesExisting PTO Policies

Employer need not provide extra sick leave time if existing PTO Employer 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 leave Employer 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 to All 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

Sick Leave Law—Sick Leave Law—Penalties for ViolationPenalties for Violation

AGO enforcement AGO enforcement Private right of actionPrivate right of action Mandatory treble damagesMandatory treble damages Attorneys' feesAttorneys' fees

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

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