By Amelia J. Holstrom, Esq.

As we prepare to mark the two-year anniversary of the first COVID-related closures across the United States, Massachusetts COVID-19 Emergency Paid Sick Leave is coming to an end. Back in the spring of 2021, the Massachusetts state legislature passed a law giving Massachusetts workers paid sick time for certain reasons related to COVID-19. 

Under the COVID-19 Emergency Paid Sick Leave law, every employer in the Commonwealth (except the federal government) is required to provide all their employees up to 40 hours of “COVID-19 Massachusetts emergency paid sick leave” (hereinafter, COVID-19 Sick Leave) that may be used for various reasons. You can read more about those reasons in an earlier blog post found here. Employers can obtain reimbursement from the state through a fund for any COVID-19 Sick Leave provided to employees under this statute.

The law was set to expire on September 30, 2021, but in September 2021, Governor Baker signed an amendment that extended the law’s benefits until April 1, 2022, or 15 days after the state gives notice that the $75 million in funds earmarked for this program will likely be depleted within 15 days, whichever occurs first. 

On February 28, 2022, the Executive Office for Administration and Finance notified employers that the COVID-19 Sick Leave program would end 15 days later on March 15, 2022. Accordingly, employers must continue to offer eligible employees COVID-19 Sick Leave through March 15, 2022, only. Further, if an employer provides paid leave beyond March 15, 2022, they will not be eligible for reimbursement from the state for the time taken after that date. Employers must submit any applications for reimbursement no later than April 29, 2022.  Employers should keep in mind, however, once employees are no longer eligible for COVID-19 Sick Leave, they may have paid, job-protected leave available to them under other laws such as the MA Earned Sick Time Act.