Attorney General Issues Final Regulations on Earned Sick Leave Law

The Massachusetts’ Attorney General has just issued long-awaited final regulations interpreting Massachusetts’ Earned Sick Leave Law. The proposed regulations resolve issues such as whether earned sick leave can run concurrently with FMLA leave or other types of unpaid leave (it can) and whether employees really do, as the proposed regulations had suggested, earn sick leave while taking leave (they do not).

However, the final regulations contradict the Attorney General’s recently-released model notice, which had suggested that employers would be able to request documentation of a need for sick leave after three days of absence. Although the final regulations do provide additional circumstances where an employer may request documentation, they state that an absence generally must exceed three consecutive work days before documentation can be required.

The final regulations are available at http://www.mass.gov/ago/docs/regulations/940-cmr-33-00.pdf. We will be sending you a more detailed explanation of the final regulations on Monday. As always, if you have any questions about the earned sick leave law, please contact any of the attorneys at Skoler Abbott.

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