Employers should be updating their Employee Policy Manuals to include some important updates for 2021:

JUNETEENTH
Juneteenth (June 19th) is a date commemorating the end of slavery in the United States. Why June 19th? Well, although President Lincoln’s Emancipation Proclamation Order went into effect on January 1, 1863, the people of Texas did not ‘get the word’ until June 19th, 1865. In 1979, Texas became the first state to make Juneteenth an official holiday.This is now a recognized holiday in Massachusetts under a bill passed by the Legislature and signed into law by Governor Charlie Baker on July 24, 2020 as part of an effort to acknowledge the need to ensure racial freedom and equality. Massachusetts is not alone. Presently 47 states and the District of Columbia recognize Juneteenth. This is not a federal holiday.

In MA, the new law effectively adds Juneteenth to the list of “partially restricted” holidays. As a result, employers may be open; however, employees cannot be required to work. In addition, retailers subject to the retail requirements of the Blue Laws (retail stores that employ more than seven persons must compensate employees for work on Saturday and Sunday (excluding executives, administrative employees or professional employees who earn more than $200.00 per week) at a premium rate of pay.

COVID-19
Due to the Coronavirus pandemic, many business practices have changed. Unfortunately, these changes may be in place longer than originally anticipated and warrant policies to be updated. Some examples include: attendance (encourage sick employees to stay at home/quarantine); staggered meal/break time; safety (physical distancing practices and other related policies to support a safe workplace); visitor policies; and telecommuting (ensure your employees are aware that they will be expected to return to their normal on-site positions if they are currently working remotely due to the pandemic).

Small business exemptions applying to employer’s obligations for paid leave under FFCRA: An exemption may apply to an employer, including a religious or non-profit organization, with fewer than 50 employees related to COVID-19 school closure or child-care related leave depending upon other factors such as operational capabilities and sufficient staffing. Another exemption relates to health care practices, but only to those employees who are employed to provide diagnostic services, preventative services, treatment services, or other services that are integrated with and necessary to the provision of patient care.

PAID FAMILY AND MEDICAL LEAVE (PFML)
Beginning in January of 2021 most workers in Massachusetts will be eligible to receive up to 12 weeks of paid family leave and up to 20 weeks of paid medical leave. The program has been funded since October 2019 through premiums paid by employees, employers, and self-employed individuals. As of December 2, 2020, an individual can start applying for paid family leave benefits as parental leave (a/k/a bonding time per the law) and those benefitscan be taken starting January 2021.

Most paid family and medical leave benefits will become available on January 1, 2021, including paid medical leave to manage one’s own serious health condition, paid family leave to manage family affairs while a family member is on active duty overseas, paid family leave to care for a family member who is a covered Service Member, and paid family leave to bond with a child newly born, adopted, or placed in foster care. Paid family leave benefits to care for a family member with a serious health condition will become available on July 1, 2021.

If you have questions regarding the above and what it means to your business, please contact our office.

DISCLAIMER
This information is being provided by the Law Offices of Helene Horn Figman, P.C. for general purposes only. It does not constitute legal advice; does not create an attorney-client relationship; and is presented without any representation of warranty whatsoever.

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