Royal

Massachusetts COVID-19 Emergency Paid Sick Leave

June 1, 2021

On Friday, May 28, 2021, Governor Baker signed an act that requires Massachusetts employers to provide COVID-19 emergency sick leave to employees effective immediately. Employees are eligible for the emergency sick leave if they are diagnosed with COVID, required to quarantine or need to care for a family member who is sick with COVID. The COVID emergency sick leave is also available to employees who are getting vaccinated or recovering from vaccine side effects.


Employees are eligible for up to 5 days of leave, at their regular rate of pay, capped at $850 a week. Employers may not require employees to use other types of paid leave before they use COVID-19 emergency leave. Also, employers may not interfere with an employee’s ability to take the emergency sick leave or discipline an employee for taking the leave.


The Act creates a $75 million fund to reimburse employers for providing employees with the emergency sick leave. Employers seeking reimbursement must have employees submit a written request. Employers should use a form to collect the required information from employees. The requirement to provide COVID emergency sick leave will last until September 30, 2021, or until the fund runs out. 


While employers must comply with this new law immediately, guidance on the mechanics of the law have yet to be released. The Commonwealth claims such guidance will be given “in the coming weeks.”


In the meantime, for any questions on compliance, or estimations on the type of guidance we can expect, please contact any of the attorneys at Royal Law Firm at 413-586-2288.

April 2, 2025
A recent court decision in Pennsylvania offers clarification that employers cannot take adverse action for marijuana use against individuals who possess medical marijuana cards, at least under Pennsylvania’s Medical Marijuana Act. In this decision, an individual received a conditional job offer for a non-safety sensitive position, contingent on a drug test. The individual disclosed his state-certified use of medical marijuana to treat anxiety, depression and ADHD, assuring the employer that it wouldn’t affect job performance or safety. After a positive test for marijuana, the employer rescinded the offer, citing safety concerns. The individual sued the employer under the Pennsylvania Medical Marijuana Act (“MMA”) and disability discrimination under the Pennsylvania Human Relations Act (“PHRA”). The Court allowed the individual’s claim under the MMA to proceed, potentially creating substantial precedent for tolerance of individual medical marijuana use in non-safety sensitive positions. The Court specifically noted that MMA protects individuals not just from discrimination based on card holder status, but also for adverse actions based solely on lawful medical marijuana use. The Court otherwise dismissed the individual’s claims under the PHRA because the PHRA does not require employers to accommodate medical marijuana use, even if it is prescribed for a legitimate medical condition. While a Pennsylvania decision, this decision potentially has rippling implications that will affect Massachusetts employers and employers in states where medical marijuana use is allowed under state law, which is allowed in some manner in 44 states. Employer Takeaways Understand State-Specific Protections : Laws regarding medical marijuana use differ widely across states. In some areas, cardholder status is protected, while in others, it is not. Employers operating in multiple states must ensure their hiring and accommodation practices comply with the relevant laws in each state. Base Safety Concerns on Job-Specific Evidence : General or speculative safety concerns are insufficient, particularly in states with strict employee protections. Safety risks cited should be specific, evidence-based, and directly related to the essential functions of the job. Review Drug Testing and Accommodation Policies: Update your policies to reflect current state laws and clarify how your organization manages disclosures of medical marijuana use, especially during the hiring process .  If you have any queries regarding drug testing or other workplace accommodations following this ruling, it is prudent to contact legal counsel. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
March 28, 2025
The Royal Law Firm was a Finalist for Best Law Firm in The Best of The Valley Readers' Poll for 2025, as published by the Valley Advocate! Thank you to everyone who voted for us, and to those of you who trust us to help you in times of need. Click here to check out all of the category winners and finalists.
Share by: