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First responders urge automatic restoration of accrued leave while 111F claims are decided
Summary
Representatives of the Massachusetts Coalition of Police asked the Joint Committee to favorably report House Bill 2,845, which would automatically restore accrued leave used by police and firefighters while awaiting a line-of-duty determination under M.G.L. c.41, §111F.
Timothy King, in-house counsel for the Massachusetts Coalition of Police, told the Joint Committee on Public Service that police and firefighters who are injured on duty should not be forced to exhaust accrued sick, vacation or personal time while awaiting a determination under Massachusetts General Laws chapter 41, section 111F.
“This bill provides a fair and necessary remedy,” King said, asking the committee to vote the measure out favorably. He added that when an injury is “ultimately deemed work related and covered under 111F, any accrued time used during the interim determination period is automatically restored.”
King said the coalition represents nearly 6,000 members and described a recurring problem: injured personnel use accrued leave while an insurer or municipality delays a coverage decision, and some municipalities then refuse to restore the time even after 111F coverage is granted, forcing employees to litigate. He told the committee the bill would bring “consistency, fairness, and efficiency” and reduce unnecessary disputes and litigation.
Committee members asked whether the Massachusetts Municipal Association or individual municipalities had taken positions; King replied he had not heard a municipal position. During questioning, one committee member said municipalities typically oppose measures that would increase their direct costs.
No formal vote was taken during the hearing; testimony was recorded and submitted for the committee’s consideration. The committee requested written testimony be filed by the posted deadline.
The hearing record shows the proposal was previously reported favorably but stalled before final enactment in an earlier session. Advocates asked the panel to advance HB 2,845 again so affected first responders would not have to pursue litigation to recover accrued leave used during the claims process.
