Budget Amendment ID: FY2018-S3-280-R1

Redraft GOV 280

Sick Time Reform

Messrs. Fattman, Tarr, Ross, O'Connor, deMacedo and Humason moved that the proposed new text be amended by inserting after section 19 the following section:-

“SECTION 19A. Section 31A of chapter 29 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following subsection:- (e) No employee of the commonwealth shall accrue more than 1,000 hours of unused sick leave credits.”; and

by inserting after section 100 the following 6 sections:-

“SECTION 100A. Notwithstanding any general or special law to the contrary, an employee of the commonwealth who has accrued more than 1,000 hours of unused sick leave credits shall not accrue credits in excess of those credits, but may accrue credits for any sick time that is used.

SECTION 100B. Notwithstanding any general or special law to the contrary, section 19A shall take effect for any employee of the commonwealth who has accrued not more than 1,000 hours of unused sick leave credits.

SECTION 100C. Notwithstanding any general or special law to the contrary, the personnel administrator of the human resources division shall promulgate revised rules under the second paragraph of section 28 of chapter 7 of the General Laws to incorporate the changes enacted in section 19A.

SECTION 100D. There shall be a sick time working group to analyze the effects of implementing a sick leave credit cap of 1,000 hours for state employees. The working group shall be comprised of the following members or their designees: the personnel administrator; the director of the human resources division; the chairs of the joint committee on public service or their designees; the ranking minority members of the joint committee on public service or their designees; and 2 additional persons appointed by the governor, 1 of whom shall be appointed by the National Association of Government Employees and 1 of whom shall be appointed by the Massachusetts AFL-CIO.

The working group shall issue a report on the costs, benefits and legality of prohibiting an employee of the commonwealth who has accrued more than 1,000 hours of unused sick leave credits from being allowed to accrue additional sick leave hours and on capping existing employees’ sick leave credits at 1,000 hours.  The report shall include, but not be limited to, an analysis of relevant labor laws and existing agreements between employer groups and the commonwealth.  The report shall include a comparison of sick leave polices in other states and other public and private employers in the commonwealth, including a specific analysis of other state laws pertaining to accrued sick leave credits of employees represented by an employer representative group.  The report and any recommendations for legislation shall be filed with the clerks of the senate and house of representatives and with the chairs of the joint committee on public service not later than July 1, 2018.

SECTION 100E. Notwithstanding any general or special law to the contrary, in the event of a conflict between section 19A and the terms of a collective bargaining agreement, the terms of the collective bargaining agreement shall prevail.

SECTION 100F. Section 19A and sections 100A to 100C, inclusive, shall take effect July 1, 2019.”