MA Cities Can Exclude FFs from COVID-19 Paid Sick Leave

Some municipalities have chosen to exclude front-line workers from a recent law that grants paid sick leave during the ongoing coronavirus pandemic.

Signed by President Donald Trump on March 18, the Families First Coronavirus Response Act requires certain employers to provide paid sick leave or expanded family and medical leave for specified reasons related to COVID-19 through Dec. 31.

The law, however, notes that first responders and healthcare providers can be excluded. The decision is made individually by cities and towns, and has left some of those vulnerable workers feeling unsupported.

Lawrence Fire Capt. Eric Zahn noted firefighters and first responders in general, “put ourselves in precarious situations all the time.”

“We need to go the extra mile for our members if they get sick,” said Zahn, president of the 135-member Lawrence Firefighters Union, Local 146.

He explained how the COVID-19 pandemic is a new and scary peril those crews face.

“It’s all around every one of us,” said Zahn.

In a memo Friday, Lawrence Mayor Daniel Rivera included himself on the list of Lawrence employees exempt from the coronavirus response law.

He also listed: Police officers, firefighters, civilian call-takers and dispatchers, DPW workers, water and sewer crews, cemetery workers, members of the city clerk’s office, inspectional services, health and human services, and the public health nurse.

Workers who provide facilities maintenance, payroll and accounting services for those workers are also not eligible for paid sick leave.

The city of Lawrence, with 946 positive cases and 34 attributed deaths, has some of the highest COVID-19 numbers in the state.

Zahn said the union is talking with Rivera about allowing Lawrence firefighters who test positive for COVID-19 to have the diagnosis designated an “In the Line of Duty,” or “ILD” injury.

The ILD designation would give firefighters tax-free paychecks without using their personal accumulated time.

At the state level, the Professional Firefighters of Massachusetts are working to pass legislation mirroring the same language.

“Our goal here is safety for our members and safety for the citizens of Lawrence,” Zahn said.

Haverhill Mayor James Fiorentini said Friday that the city has yet to decide who to exclude from the new law, if anyone. He could not say when a decision was expected.

Similarly, Plaistow Town Manager Mark Pearson said recently “I have not had to make a decision yet on this issue.”

“It will be a case-by-case decision,” he said.

Discussions across the New Hampshire state line have varied.

Londonderry Assistant Town Manager Lisa Drabik said the town will pay 80 hours of additional paid sick leave under the new law.

Any worker who needs to care for a sick family member, has to take time off from work because of childcare issues or school closures, or other reasons listed in the law, may do so, Drabik said.

The only portion of the law emergency responders are excluded from is,”up an additional 10 weeks of childcare related leave.”

Drabik noted the reasoning was, “given the nature of the pandemic and our need to keep these folks working to serve our residents.”

Like Rivera in Lawrence, Londonderry Town Hall leadership is also excluded from some of the new law’s benefits.

Londonderry police Capt. Patrick Cheetham praised open communication ahead of the formal decision.

“Very early on into this pandemic, town leadership worked with police, fire, EMS, DPW, to ensure us that we would be covered for the extra time off we may need,” he said. “We wouldn’t be docked sick time.”

Windham Town Manager David Sullivan said simply, “all of our employees will receive the benefits of the Families First if needed.”

The latest information from state officials Friday included Windham in the 20 to 49 case range of confirmed coronavirus cases, which is the higher end of the scale.

Windham has seen confirmed cases of COVID-19 since early March.

Salem Town Manager Chris Dillon did not respond to multiple requests to comment on his town’s policy.

The police union’s new President Paul Benoit said in a statement, “I’ll go ahead and confirm that unfortunately Salem town officials have excluded members of the Salem Police Department from the Families First Coronavirus Response Act.”

He would not comment further.

Reporter Jill Harmacinski contributed to this report.

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