New Massachusetts labor laws regarding Sick Time Accrual effective July 1, 2015

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There is a new Massachusetts labor laws regarding Sick Time Accrual.  The Earned Sick Time Act, to be codified at G.L. c. 149, s. 148C, becomes effective on July 1, 2015.  All employers with 11 or more employees are subject to the new law.  

"Employees will earn (“accrue”) one hour of sick time for every 30 hours worked up to a maximum of 40 hours of sick time in a calendar year.  Accruals will begin on the later of July 1, 2015 or the employee’s date of hire, and may not be used until the 90th calendar day after accrual begins.

Employees may use up to 40 hours of earned sick time in a calendar year, either in hourly increments, or in the smallest increment that the employer’s payroll system uses to account for absences.  If the employer already has a paid time off (PTO) or other paid leave policies, the new law does not require the employer also to provide additional paid sick time, so long as the employer allows the employee to use at least 40 hours per calendar year for the purposes allowed under the earned sick time law.   Although employees are not entitled to use more than 40 hours in one calendar year, they may carry over up to 40 hours of unused earned sick time to the next calendar year.  Thus, an employee could start a new calendar year with a “sick time bank” from the prior year that would be available for use immediately.  Unlike vacation time, which is considered a form of wages, accrued unused sick time does not have to be paid upon termination of employment."

In short, users of Replicon's TimeAttend in Massachusetts will need to be able to track actual hours work in order to accrue the available sick time.  TimeAttend seems to already have the functionality to support the carryover but will need new feature to accrue based on actual hours worked.  It will also ideally not allow the use of sick time until the prescribed number of days since the start date of employment which under the current regulations is 90 calendar days.

This is an urgent request we need addressed by 7/1 or we will have to seek a new platform.

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Andrew Koh

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Posted 4 years ago

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Lingaraj Dharwad, Product Champion

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Hi Andrew,

Thank you for using Replicon community,

We are reviewing your problem.

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Richard, Design Team Manager

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We are currently hard at work on a significant upgrade to our gen3 product's time off system in order to be able to handle cases like this.  

If you speak to your account manager we can start coordinating a plan to taking advantage of the time off enhancements when they are released.
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Amy Schancupp

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Hi!  California has a similar law:

"An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment is entitled to paid sick leave.
Paid sick leave accrues at the rate of one hour per every 30 hours worked, paid at the employee's regular wage rate.  Accrual shall begin on the first day of employment or July 1, 2015, whichever is later.
Accrued sick leave shall carry over to the following year of employment and may be capped at 48 hours or 6 days.  However, subject to specified conditions, if an employer has a paid sick leave, paid leave or paid time off policy (PTO) that provides no less than 24 hours or 3 days of paid leave or paid time off, no accrual or carry over is required if the full amount of leave is received at the beginning of each year in accordance with the policy."

I have added a custom field that tracks days worked (any day an employee has regular or o/t hours.

Our organization would like the ability to automatically calculate this time when the sum of the employee's days worked reaches 30, as the law specifies.

We would also like to be able to create a time-off policy based on the requirements of the law.
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Theresa Ramos-DuVon

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This reply was created from a merged topic originally titled Please Update us when You have already set-up on the back end the formula for New....
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Lingaraj Dharwad, Product Champion

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Hi Theresa,

Like Richard mentioned above, we are working hard to allow the new Time Off product on Gen3 platform support such accrual policies. We will update this thread, once the product is fully ready. 

If you are not on Gen3, then we suggest you get in touch with your account manager, who can discuss further on that.

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Jon Burns, Official Rep

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Hi All,

Accrual based in hours worked has quickly become a pain point for a number of our customers. We are currently in the process of addressing the issue, and are expecting this to be made available this fall. This is high priority, and we are working diligently to get this feature available as quickly as possible. There are options to manage compliance in the meantime, such as front loading the time into employee balances, as allowed under the laws. Please feel free to contact us if you would like further information. In the mean time, I will continue to update everyone on the status of this feature as it draws towards completion. 

Jon Burns
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Lingaraj Dharwad, Product Champion

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Thanks Jon, I have marked this as an idea. 
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Todd Siemens

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This is a legal requirement for our organization as well.  Is there any update on when there will be a solution implemented?
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Lingaraj Dharwad, Product Champion

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Hi All,

Would like to share steps to create a report, which will allow you to track whether someone is eligible for NYC's earned sick time act. This way you can still stay compliant by manually creating the time off policies and add the new balances for eligible users. 

Requirement NYC Employees (Sick Leave Act): - Accrue 1 hour for every 30 hours worked, up to 40 hours accrued.

- Accrued sick time can only be used after 120 days from hire date

- Must work a minimum of 80 hours in a year

- Carryover is limited to up to 40 hours.

Report Template: Timesheet Day Template

Report Columns:

User Name

Employee Type

User Start Date

Hours Worked

NYC ESTA Sick Time Accrual – 1 hour for every 30 hours worked, caps at 40 hours

NYC ESTA Eligible – Confirms user worked at least 80 hours & it has been 120 days since user start date.

Custom Columns Added to Report:

NYC ESTA Sick Time Accrual - IF(HoursWorked/30<40,HoursWorked/30,40)

NYC ESTA Eligible - IF(DayDiff(UserStartDate,Today())>120 && HoursWorked>80, "Yes","")

We have demonstrated steps on how to build this report in the video below: 

Hope that helps,