2015 HR Update: Are you compliant? Megan Taylor HR Consultant and Attorney Taylor HR Group, LLC

Overview 2015 HR Changes: Massachusetts Earned Sick Leave Law (eff. July 1, 2015) Parental Leave Law (eff. April 7, 2015) Other Compliance Issues: CORI law compliance (eff. August 6, 2010) WISP (Written Information Security Plan) Harassment Policy I-9 compliance

Massachusetts Earned Sick Leave Law Employers may substitute their own sick leave or paid time off policies, so long as: All employees are provided at least 40 hours of paid time off for the same purposes under the same conditions with the same job protections as the Earned Sick Leave Law. Policy clearly states that no additional sick leave will be provided. Remember that part-time employees who receive prorated benefits may fall under the Earned Sick Leave law.

Earned Sick Leave Law Overview Leave is unpaid for 10 and fewer employees; paid for 11 or more. 40 hours of leave per calendar year Accrue at 1 hour for every 30 hours worked Applies to full-time, part- time, temporary, intern, per diem Mandatory Poster Must provide a copy of the notice to every employee or include in handbook Must keep records of accrual and use for 3 years and provide to employee upon request May not be used during 90 day probationary period, but accrues from date of hire

Earned Sick Leave Law Overview Accrued but unused leave may be rolled over to the next calendar year No more than 40 hours of leave per calendar year may be used Accrued but unused leave is not paid out at end of employment Employer may require doctor’s note for absence longer than 24 consecutive hours or 3 consecutively scheduled days Reasons for leave: Care for physical or mental illness or injury of the employee or employee’s child, spouse, parent, or parent of a spouse Routine medical appointments for employee employee or employee’s child, spouse, parent, or parent of a spouse Address psychological, physical or legal effects of domestic violence

Parental Leave Law Overview Employees with 6 or more employees must provide both female and male full-time employees with 8 weeks of job-protected leave for birth or adoption of a child Employee must be employed for at least 3 months Leave is unpaid Employer may, in its discretion, provide paid leave, but should be consistent and have a written policy. Avoid “special” or “just for this employee” arrangements

Parental Leave Law Overview Returning employee must be restored to his or her previous position or a substantially similar one with same status, pay, length of service credit and seniority Two employees are limited to a total of 8 weeks of parental leave Employee is generally required to give at least two weeks’ notice of anticipated start date and date of return, unless for reasons beyond employee’s control

CORI Law Overview CORI law “bans the box” which bans questions about criminal history on written employment applications New method and database for employees to access criminal records: Use of the state database and following new procedures gives employer safe harbor protection for negligent hiring or discriminatory employment practices if the state database contained erroneous information May make adverse action based on CORI info but must provide it to applicant

CORI Law Overview Must have written CORI policy that describes employer’s practice Must have candidate complete specific CORI authorization form Insert language in offer letter that offer is contingent upon a satisfactory CORI check Give candidate a copy of CORI policy Share CORI info only on a “need to know” basis and keep it very securely Create dissemination log to document who receives CORI info

Other Compliance Considerations WISP – Must have a Written Information Security Plan if maintain personal information of a Massachusetts resident: Social Security Number Driver’s License Number Financial Account number or credit or debit card number I-9 Forms – Must complete within 3 days of hire and visualize originals and copy required documentation Harassment – For employers with 6 or more employees, must have a written policy and distribute annually even if there have been no changes

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