By John Arnold July 12, 2021
On July 8, 2021, the Executive Office for Administration and Finance (“EOAF”) made available a sample form for employees to request COVID-19 Sick Leave under the recently enacted COVID-19 Temporary Emergency Paid Sick Leave Act (the “Act”). The Act, which has been in effect since May 28, permits employees with a primary place of employment in Massachusetts to take up to 40 hours of COVID-19 Sick Leave if they are unable to work for specified COVID-19-related reasons. In order for employers to receive reimbursements from the Commonwealth for the costs of providing COVID-19 Sick Leave, employers must require their employees to submit written requests that include certain information.
While employers were initially advised to prescribe their own request forms, all the information that must be collected is now addressed in the sample form that is available here. As a reminder, employers are required to provide notice of the Act to eligible employees. Where the employer maintains a physical workspace, the notice requirement may be satisfied by posting a notice in a conspicuous location accessible to employees. In cases where the employer does not maintain a physical workplace, or an employee teleworks or performs work through a web-based platform, notification must be made via electronic communication or through a conspicuous posting in the web-based platform. The EOAF has published the required notice in poster-form and in a form to be sent via electronic communication.
Additionally, the EOAF has published instructions for employers to follow in order to seek reimbursement for payments made to employees for use of COVID-19 Sick Leave. To request a reimbursement, employers will need to log in to their MassTaxConnect account and follow the steps that can be found here.
For Questions/Compliance Assistance
If you have any questions about the Act and its potential impact on your business or organization, please contact: