Sick leave measure divides workers, businesses
Boston Globe - 09/22/2014
The ballot question does, however, include a provision that creates flexibility for employers: If a sick employee misses time on the job but agrees to work the same number of hours or shifts in the same or next pay period, he or she does not have to use earned sick time and the employer does not have to pay for that missed time.
“For example,” said Emily Spieler, a professor at Northeastern University School of Law who specializes in employment and labor law, “I run a restaurant, and I have someone call in sick. It means if I say to that person, ‘Look would you work an extra shift next week?’ And they say ‘yes,’ and I call someone else and say ‘Can you come in? A coworker is sick.’ And they say ‘yes.’ Then it doesn’t cost anything.”
“It’s interesting,” she said. “This is a provision, assuming that the employer works . . . with the employee, can provide flexibility on both sides.”