On May 28, 2021, Massachusetts Governor Charlie Baker signed House Bill 3072, which provides full-time and part-time employees with emergency paid sick leave for certain COVID-19 reasons. The bill, effective as of May 28, provides full-time employees up to 40 hours of leave and part-time employees with leave on a prorated basis. Benefits under the law begin on June 7, 2021, and will run until September 301, 2021, or until the COVID-19 Emergency Paid Sick Leave (EPSL) Fund is exhausted, whichever is first.
Covered employers and employees. All employers, regardless of size, are covered under the law. In addition, both private and public employees are covered (but not those employed by the federal government).
COVID-19 EPSL Fund. The law creates a $75 million COVID-19 EPSL Fund to reimburse eligible employers for providing employees with the EPSL. However, any qualified sick leave wages paid by employers eligible for the tax credit for paid sick and paid family and medical leave under the federal Families First Coronavirus Response Act (FFCRA) or subsequent extensions, including the federal Consolidated Appropriations Act, 2021, and the federal American Rescue Plan Act of 2021, will not be eligible for reimbursement from the COVID-19 EPSL Fund. Additional information on reimbursement can be found online at https://malegislature.gov/Bills/192/H3702/House/Bill/Text.
Amount of leave. The law provides the following amount of leave for an employee who takes COVID-19 EPSL:
1.) An employee who works 40 hours or more per week will get 40 hours of COVID-19 EPSL.
2.) An employee who works less than 40 hours a week, but maintains a regular schedule with consistent hours per week, should ...