Cities, towns not subject to sick time law without local vote

Massachusetts joined just two other states when voters last November approved a law allowing both full- and part-time employees to earn and use paid sick time.
 
The attorney general’s office has clarified that the law does not apply to municipalities, however, unless a vote is taken locally to accept the provisions of the law and an appropriation is made by the city or town to fund the benefit. Subsequently, the Legislature could mandate that cities and towns comply with the law if legislators make a state appropriation to fund it, but this seems very unlikely given the state’s current fiscal reality.
 
According to the attorney general’s office, because the law was the result of a ballot question, the Legislature cannot mandate it by a two-thirds vote by both branches (without appropriation), as is the case with other types of legislation. The Legislature could amend the law, however.
 
The law takes effect on July 1. The attorney general’s Fair Labor Division is in the process of drafting regulations and plans to hold a public hearing in March.
​