Employers May File for Reimbursement Until April 29
On March 3, 2022, Massachusetts has announced that the state’s COVID-19 emergency paid sick leave program will expire on March 15, 2022. The program, enacted into law in May 2021, requires employers to provide employees with up to 40 hours of paid sick leave for specific COVID-19-related reasons. Employee compensation is capped at $850 per week, and employers are reimbursed for the leave from a state fund designated for that purpose.
Termination of COVID-19 Emergency Paid Sick Leave – The leave program was scheduled to end on April 1, 2022, or earlier if the reimbursement fund ran out. On February 28, 2022, the Massachusetts Executive Office for Administration and Finance notified employers that reimbursements for the program were approaching their full budgeted amount of $100 million, and that March 15 would therefore be the final day of the program. Employers must offer emergency paid sick leave through that date.
Reimbursement Deadline of April 29 – The state will continue to honor employer requests for reimbursement through April 29, 2022; all reimbursement requests must be submitted by then. Official state guidance about the program explains how employers can apply for reimbursement through the MassTaxConnect website.
The guidance states that for some categories of leave, employers must (among other things) request written medical documentation from employees to claim state reimbursement, including immunization documentation if this is the reason for leave. If a COVID-19 self-test is used as the basis for leave (due to the employee’s or a family member’s positive diagnosis for COVID-19), the medical documentation requirement can be satisfied by a statement from the employee accompanied, at the employer’s discretion, by a photo of the positive test.