940 CMR, § 33.08 - Prohibition on Retaliation and Non-interference

(1) It is unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under or in connection with this section, including, but not limited to, using the taking of earned sick time under M.G.L. c. 149, § 148C, as a negative factor in any employment action such as evaluation, promotion, disciplinary action, or termination, or otherwise subjecting an employee to discipline for the use of earned sick time under M.G.L. c. 149, § 148C.

(2) It is unlawful for any employer to take any adverse action against an employee because the employee opposes practices which the employee reasonably believes to be in violation of M.G.L. c. 149, § 148C, or 940 CMR 33.08, or because the employee supports the exercise of rights of another employee under M.G.L. c. 149, § 148C. Exercising rights under M.G.L. c. 149, § 148C, shall include but not be limited to filing an action, or instituting or causing to be instituted any proceeding, under or related to M.G.L. c. 149, § 148C; providing or intending to provide any information in connection with any inquiry or proceeding relating to any right provided under M.G.L. c. 149, § 148C; or testifying or intending to testify in any inquiry or proceeding relating to any right provided under M.G.L. c. 149, § 148C, or 940 CMR 33.00.

(3) Examples of adverse actions include but are not limited to:

a) denying use or delaying payment of earned sick time;

b) terminating an employee;

c) taking away work hours;

d) negatively altering the terms or conditions of employment;

e) disciplining an employee under the employer's attendance policy;

f) giving an employee undesirable assignments or schedule changes;

g) giving false negative references for future employment;

h) making false criminal reports to authorities about the employee;

i) reporting an employee to immigration authorities; or

j) threatening an employee with any of the adverse actions listed in 940 CMR 33.08.

(4) Attendance policies that reward employees for good attendance and holiday pay incentives that provide extra compensation for coming to work on the days immediately before and after a holiday are permissible so long as employees are not subject to any adverse actions for exercising their rights under M.G.L. c. 149, § 148C, and 940 CMR 33.00. An employee's inability to earn a reward for good attendance or to receive a holiday pay incentive based on an employee's absence occasioning use of earned sick time shall not constitute an adverse action or interference with an employee's rights under 940 CMR 33.08.

Notes

940 CMR, § 33.08

Adopted by Mass Register Issue 1290, eff. 7/3/2015.