On April 1, 2015, the Massachusetts Domestic Workers Bill of Rights took effect. What does this law mean for you? If you are employing a nanny, senior caregiver, housekeeper, or other household employee for 16 or more hours per week, there are new guidelines as to what each employee is entitled to. Below you will find a short summary of the major provisions.
> For a full summary and more information click here.
1. Wages, Rest Periods and Overtime
Household employees must have at least 24 consecutive hours of rest in each calendar week if they work 40 or more hours per week. If the employee agrees to work on their day of rest, they must be paid overtime (1.5 times the hourly rate) for each hour they work that day.
It’s worth remembering that, even before the adoption of the Domestic Workers Bill of Rights, current federal and state labor laws require household employees to be paid at least a minimum wage of $11 per hour and overtime for all hours worked over 40 in a 7-day workweek.
Finally, meals and lodging cannot be deducted from a live-in employee’s wages without their prior written consent.
2. Maternity and Paternity Leave
A household employee is allowed to take up to 8 weeks of maternity or paternity leave if they have worked full-time for the previous 3 months. The leave does not have to be paid, but the family must hold the employee’s job if they decide to return to work.
3. Sick Leave
Household employers are required to provide 40 hours of unpaid sick time to their employees each calendar year. Sick time accrues at the rate of 1 hour for every 30 hours worked and begins at the time of hire. Sick time cannot be used until the employee works 90 days.
4. Employment Contract
Household employers must provide a contract that includes a number of provisions, including:
- The rate of pay, including overtime and any additional compensation
- Working hours, including meal breaks and other time off
- Provisions for days of rest, sick days, vacation days, personal days and holidays and whether those days are paid or unpaid
- Information about severance and if transportation costs or health insurance are paid for or reimbursed
> See a sample nanny contract.
5. Employee Evaluation
A written evaluation of the employee’s work performance must be given after 3 months of employment and annually moving forward if the employee requests it.
6. Termination of Live-in Employees
If a family terminates their live-in employee without cause, they must give written notice and allow the employee to either:
1) Continue living in their home for at least 30 days
2) Pay for comparable off-site housing, or
3) Give 2 weeks of severance pay to the employee
If the employee is terminated for cause, the family does not have to provide any of this.
7. Privacy and Discrimination Rights
Household employers cannot monitor or record, in any manner, their employee’s use of restroom facilities, sleeping or private living quarters. They also may not discriminate against their employee based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age, or disability, or for certain other reasons.
For more information regarding hiring a household employee in Massachusetts, please visit the Care.com HomePay website.
