Benefits-Sick
Let’s face it, we all get sick once in a while and when we do it’s hard to work and in some cases you shouldn’t work with food if you’re really sick.
Shift Manager/AM/RM/CO/GM/DM/RTM/ RDO-Paid sick time will be earned at the rate of one (1) hour for every thirty (30) hours worked. Earning will begin for any existing employee as of March 6, 2019 and any new employee hired on March 6, 2019 or later. Paid sick time may be used 90 days after date of hire.
Salaried Exempt Manager’s sick time earning will be based on a forty (40) hour work week. The sick time will still be earned in increments of one hour for every 30 hours worked. Paid sick time may not be taken prior to it being earned.
* A maximum of 52 hours may be earned each calendar year
* Over the course of the program, a maximum of 260 hours can be earned and carried over each year thereafter.
Sick time may be used incrementally by the hour and will not be broken down to a smaller increment. At the time of termination, the remaining balance of earned paid sick time will not be paid out. This is a “use it or lose it” policy.
Sick Managers are not required to find a replacement. If a Manager uses paid sick time for more than two consecutive days, a doctor’s note may be required for the Manager to return to work. This will not delay the use and payment of paid sick time.
When the use of paid sick time is foreseeable (such as a planned doctor’s visit, surgery, etc.), the Manager shall make a good faith effort to provide notice of this need to a supervisor in advance. When calling out sick, Manager’s will be required to notify a supervisor by calling the location a minimum of four (4) hours in advance.
Sick time will be reported on the payroll adjustment sheets bi-weekly. Payroll will verify the balance of sick time before paying it out. Sick may be used for doctor's appointments as well as if you are sick. If you are out for more than two days you may have to go on leave (FMLA/LOA) and you may have to have a doctor's note in order to return to work.
Salaried Exempt Manager’s sick time earning will be based on a forty (40) hour work week. The sick time will still be earned in increments of one hour for every 30 hours worked. Paid sick time may not be taken prior to it being earned.
* A maximum of 52 hours may be earned each calendar year
* Over the course of the program, a maximum of 260 hours can be earned and carried over each year thereafter.
Sick time may be used incrementally by the hour and will not be broken down to a smaller increment. At the time of termination, the remaining balance of earned paid sick time will not be paid out. This is a “use it or lose it” policy.
Sick Managers are not required to find a replacement. If a Manager uses paid sick time for more than two consecutive days, a doctor’s note may be required for the Manager to return to work. This will not delay the use and payment of paid sick time.
When the use of paid sick time is foreseeable (such as a planned doctor’s visit, surgery, etc.), the Manager shall make a good faith effort to provide notice of this need to a supervisor in advance. When calling out sick, Manager’s will be required to notify a supervisor by calling the location a minimum of four (4) hours in advance.
Sick time will be reported on the payroll adjustment sheets bi-weekly. Payroll will verify the balance of sick time before paying it out. Sick may be used for doctor's appointments as well as if you are sick. If you are out for more than two days you may have to go on leave (FMLA/LOA) and you may have to have a doctor's note in order to return to work.
Wendy's of New England Crew only (MA & NH)
Sick Leave Accrual
Massachusetts’ sick leave law requires employers to credit employees with at least one (1) hour of sick leave for every thirty (30) hours worked, including overtime hours. Employers are not required to include hours spent by employees on paid leave in their sick leave accrual calculation. Accrual of sick leave begins on the first day of an employee’s employment (if an employee began working before July 1, 2015, accrual begins from that date). Massachusetts Stat. 149.148C(d); Massachusetts Regs. 940.33.02
For accrual purposes, administrative, executive, professional, and outside salesmen who are exempt from federal overtime requirements pursuant to 29 USC 213(a)(1) are deemed to work forty (40) hours per week for purposes of sick leave accrual, unless they are regularly scheduled for fewer hours in which case sick leave may accrue based on their regularly scheduled number of hours. Massachusetts Stat. 149.148C(d)(3); Massachusetts Regs. 940.33.03(6) For purposes of this provision of the law, PCA Quality Home Care Workforce is deemed to be the employer of all personal care attendants, as defined in Massachusetts Stat. 118E.70. Massachusetts Stat. 149.148C(d)(5)
For employees who are paid on a piecework or fee-for-service basis, employers should calculate their accrued sick leave based on a reasonable measure of time worked by the employee. Adjunct faculty who are compensated on a fee-for-service or per-course basis must be credited for three (3) hours of work for every one (1) hour spent teaching in the classroom. Massachusetts Regs. 940.33.03(7), (7)(a)
Employers must credit family child care providers, as defined in Massachusetts Stat. 15D.17 with 6 work hours for each part day worked and 10 work hours for each full day worked. Massachusetts Regs. 940.33.03(7)(b)
Accrual caps and use limits
Employers may cap an employee’s sick leave accrual at forty (40) hours per benefit year and may delay any further accrual until the employee uses some of his or her accrued sick time. Massachusetts Regs. 940.33.03(8), (9) Additionally, an employer is only required to allow employees to use up to forty (40) hours of accrued sick leave in each benefit year. Massachusetts Regs. 940.33.03(12) Employees may not use sick leave for time they are not scheduled to work. Massachusetts Regs. 940.33.03(13) Employees who have both accrued paid and unpaid sick leave due to changes in their employer’s size above or below 10 employees may choose whether to use either or both to cover the use of sick leave. Massachusetts Regs. 940.33.04(7)
Benefit year
A benefit year is any consecutive 12-month period designated by the employer for purposes of sick leave accrual and related sick leave compliance issues. It is not required to run from January 1 to December 31. Massachusetts Regs. 940.33.02
Vesting period
Under Massachusetts’ sick leave law, an employer may require employees to be employed with the company or other entity up to ninety (90) days before they begin using accrued sick leave. The 90-day period includes both days worked and days not worked. Employees hired by employers on or before April 2, 2015, may begin using accrued sick leave on July 1, 2015, the effective day of Massachusetts sick leave law. The vesting date for employees hired after April 2, 2015, is ninety (90) days after their hire date. Massachusetts Regs. 940.33.03(29), (30), (34)
Annual rollover
Massachusetts sick leave law requires employers to allow employees to rollover up to forty (40) hours of accrued sick leave from one benefit year to the next. Massachusetts Regs. 940.33.03(10)
As of November 1, 2023:
If you apply for PFML benefits on or after November 1, 2023, you will be allowed to supplement your PFML benefit with your accrued PTO while on PFML.
Topping off allows you to supplement your weekly PFML benefit with your accrued PTO, up to your Individual Average Weekly Wage (IAWW). Example: An employee’s IAWW = $2,000 and they have an approved PFML application that pays $1,100 per week. The employee may top off that amount with PTO up to $900 per week, if available. The combined weekly sum of PFML benefits and employer provided paid leave benefits cannot exceed your IAWW.
Sick Leave Accrual
Massachusetts’ sick leave law requires employers to credit employees with at least one (1) hour of sick leave for every thirty (30) hours worked, including overtime hours. Employers are not required to include hours spent by employees on paid leave in their sick leave accrual calculation. Accrual of sick leave begins on the first day of an employee’s employment (if an employee began working before July 1, 2015, accrual begins from that date). Massachusetts Stat. 149.148C(d); Massachusetts Regs. 940.33.02
For accrual purposes, administrative, executive, professional, and outside salesmen who are exempt from federal overtime requirements pursuant to 29 USC 213(a)(1) are deemed to work forty (40) hours per week for purposes of sick leave accrual, unless they are regularly scheduled for fewer hours in which case sick leave may accrue based on their regularly scheduled number of hours. Massachusetts Stat. 149.148C(d)(3); Massachusetts Regs. 940.33.03(6) For purposes of this provision of the law, PCA Quality Home Care Workforce is deemed to be the employer of all personal care attendants, as defined in Massachusetts Stat. 118E.70. Massachusetts Stat. 149.148C(d)(5)
For employees who are paid on a piecework or fee-for-service basis, employers should calculate their accrued sick leave based on a reasonable measure of time worked by the employee. Adjunct faculty who are compensated on a fee-for-service or per-course basis must be credited for three (3) hours of work for every one (1) hour spent teaching in the classroom. Massachusetts Regs. 940.33.03(7), (7)(a)
Employers must credit family child care providers, as defined in Massachusetts Stat. 15D.17 with 6 work hours for each part day worked and 10 work hours for each full day worked. Massachusetts Regs. 940.33.03(7)(b)
Accrual caps and use limits
Employers may cap an employee’s sick leave accrual at forty (40) hours per benefit year and may delay any further accrual until the employee uses some of his or her accrued sick time. Massachusetts Regs. 940.33.03(8), (9) Additionally, an employer is only required to allow employees to use up to forty (40) hours of accrued sick leave in each benefit year. Massachusetts Regs. 940.33.03(12) Employees may not use sick leave for time they are not scheduled to work. Massachusetts Regs. 940.33.03(13) Employees who have both accrued paid and unpaid sick leave due to changes in their employer’s size above or below 10 employees may choose whether to use either or both to cover the use of sick leave. Massachusetts Regs. 940.33.04(7)
Benefit year
A benefit year is any consecutive 12-month period designated by the employer for purposes of sick leave accrual and related sick leave compliance issues. It is not required to run from January 1 to December 31. Massachusetts Regs. 940.33.02
Vesting period
Under Massachusetts’ sick leave law, an employer may require employees to be employed with the company or other entity up to ninety (90) days before they begin using accrued sick leave. The 90-day period includes both days worked and days not worked. Employees hired by employers on or before April 2, 2015, may begin using accrued sick leave on July 1, 2015, the effective day of Massachusetts sick leave law. The vesting date for employees hired after April 2, 2015, is ninety (90) days after their hire date. Massachusetts Regs. 940.33.03(29), (30), (34)
Annual rollover
Massachusetts sick leave law requires employers to allow employees to rollover up to forty (40) hours of accrued sick leave from one benefit year to the next. Massachusetts Regs. 940.33.03(10)
As of November 1, 2023:
If you apply for PFML benefits on or after November 1, 2023, you will be allowed to supplement your PFML benefit with your accrued PTO while on PFML.
Topping off allows you to supplement your weekly PFML benefit with your accrued PTO, up to your Individual Average Weekly Wage (IAWW). Example: An employee’s IAWW = $2,000 and they have an approved PFML application that pays $1,100 per week. The employee may top off that amount with PTO up to $900 per week, if available. The combined weekly sum of PFML benefits and employer provided paid leave benefits cannot exceed your IAWW.
As of January 1, 2024, All Crew outside of MA and NH-
Non-management employees will earn one (1) hour of sick leave for every thirty (30) hours worked, including overtime hours. Accrual of sick leave begins on the first day of an employee’s employment. Employees must be employed with the company ninety (90) days before they may begin using accrued sick leave.
The cap for an employee’s sick leave accrual is forty (40) hours per calendar year and may delay any further accrual until the employee uses some of their accrued sick time. Additionally, employees may use up to forty (40) hours of accrued sick leave each calendar year and may roll over up to 40 hours into the following calendar year. Sick may be taken in at least one hour increments. Employees may not use sick leave for time they are not scheduled to work. Sick time is not paid out at time of termination.
Employees must request sick time to be paid out in ADP prior to the end of the pay period the sick time was taken. Sick may not be requested/used until 90 days after January 1, 2024.
Non-management employees will earn one (1) hour of sick leave for every thirty (30) hours worked, including overtime hours. Accrual of sick leave begins on the first day of an employee’s employment. Employees must be employed with the company ninety (90) days before they may begin using accrued sick leave.
The cap for an employee’s sick leave accrual is forty (40) hours per calendar year and may delay any further accrual until the employee uses some of their accrued sick time. Additionally, employees may use up to forty (40) hours of accrued sick leave each calendar year and may roll over up to 40 hours into the following calendar year. Sick may be taken in at least one hour increments. Employees may not use sick leave for time they are not scheduled to work. Sick time is not paid out at time of termination.
Employees must request sick time to be paid out in ADP prior to the end of the pay period the sick time was taken. Sick may not be requested/used until 90 days after January 1, 2024.
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