Amendment ID: S35-6

Amendment 6

COVID-19 Unemployment Gap Coverage

Mr. O'Connor, Ms. Moran, Messrs. Tarr and Timilty move that the proposed new text be amended by adding the following new section:-

"SECTION XX. (a) Any employee who was unable to work between March 10, 2020 and April 2, 2020 due to conditions established in subsection (b) of this section shall have the following right to emergency paid sick time. Employees who work 40 hours or more per week shall be provided at least 80 hours of emergency paid sick time under this section. Employees who work fewer than 40 hours in a week shall be provided emergency paid sick time under this section in an amount equal to at least the amount of time the employee is otherwise scheduled to work or works on average in a 14-day period.

(b) Emergency paid sick time shall be provided to an employee by an employer for the following absences, including the inability to telework, related to a public health emergency:

(1) An employee’s need to: (i) self-isolate and care for oneself because the individual is diagnosed with a communicable illness related to a public health emergency; (ii) self-isolate and care for oneself because the individual is experiencing symptoms of a communicable illness related to a public health emergency; (iii) seek or obtain medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness related to a public health emergency; or (iv) seek preventive care concerning a communicable illness related to a public health emergency;

(2) Care of a family member who: (i) is self-isolating due to being diagnosed with a communicable illness related to a public health emergency; (ii) is self-isolating due to experiencing symptoms of a communicable illness related to a public health emergency; (iii) needs medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness related to a public health emergency; or (iv) is seeking preventive care concerning a communicable illness related to a public health emergency;

(3) Determination by a local, state, or federal public official, a health authority having jurisdiction, the employee’s employer, or a health care provider that the employee’s presence on the job or in the community would jeopardize the health of others because of the employee’s exposure to a contagious illness or exhibiting of symptoms, regardless of whether the employee has been diagnosed with a contagious illness;

(4) Care of a family member due to a determination by a local, state, or federal public official, a health authority having jurisdiction, the family member’s employer, or a health care provider that the family member’s presence on the job or in the community would jeopardize the health of others because of the family member’s exposure to a contagious illness or exhibiting of symptoms, regardless of whether the family member has been diagnosed with a contagious illness; or

(5) An employee’s inability to work or telework while subject to either: an individual or general local, state, or federal quarantine or isolation order, including a shelter-in-place order, related to a public health emergency; or closure of the employee’s place of business by order of a local, state, or federal public official or health authority or at the discretion of the employer due to a public health emergency.

(c) All employees employed by an employer in the commonwealth who must be absent from work for the reasons set forth in subsection (c) of this section, and are unable to telework, shall be eligible for emergency paid sick time regardless of the duration of such employment, or any temporary or probationary status, and shall be paid at the same hourly rate as the employee earns from the employee’s employment at the time the employee uses the emergency paid sick time; provided, however, that this hourly rate shall not be less than the effective minimum wage under section 1 of chapter 151, and shall not exceed $850 per week; provided further that annually, not later than October 1 of each year, the commonwealth shall adjust the maximum weekly benefit amount under this section to be 64 per cent of the state average weekly wage and the adjusted maximum weekly benefit amount shall take effect on January 1 of the year following such adjustment. Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement or other separation from employment for emergency paid sick time provided under this section that has not been used.

(d) Employers who pay their employees for emergency paid sick time as required by this section shall be reimbursed in full by the commonwealth by providing proof of such payments to the department of revenue, but no employer shall be entitled to reimbursement under this section for paid time off provided to employees for which the employer is entitled to receive a federal payroll tax credit, including federal payroll tax credits for an employee’s use of paid sick time under the federal Families First Coronavirus Response Act, P.L. No. 116-127, to the extent permitted and not in conflict with federal law. The department of revenue shall provide such reimbursements directly to employers within 5 business days by direct deposit to the employer’s bank account or by check to the employer.

(e) The commonwealth shall compensate employers as described in subsection (e) of this section by drawing upon funds in the commonwealth stabilization fund established under section 2H of chapter 29 appropriated for such purpose by the general court."