From the Hotline: Compliance with Sick Pay Laws in California and Massachusetts

Question: Some of our staff does not accrue vacation or sick time; if employees need time off they seek management approval. They do, however have short term and long term disability coverage in the event of an illness. Does this meet the new sick pay laws in both California and Massachusetts?

Answer: Under sick leave laws in both California and Massachusetts, short term disability (STD) and long term disability (LTD) do not satisfy the requirements of providing sick pay under the state sick pay laws for either state. Both laws require accrual and use of sick pay. LTD and STD plans are therefore not a solution for meeting compliance under the new sick pay regulations. Employers must create a policy and process for accruing and tracking use of all sick pay, as well as recording requirements on an employee’s pay check.