Two Nantucket teachers sue town over paid medical leave

In a historic move one year ago, Nantucket Town Meeting overwhelmingly approved joining the state’s paid medical leave program, enabling town and school employees to enjoy the same benefits as most private sector workers: up to 26 weeks of paid time off. But Nantucket officials have yet to join the program, which would have made the town the first in Massachusetts to do so.
Mason chose the shorter recovery time, but is still parceling out her sick days now that she’s on maternity leave. She plans to return to work May 12 after only two months and keep some sick days for any unforeseen medical issues involving her or her new daughter. It’s a choice Mason, a breast cancer survivor, contends she shouldn’t have to make, and Nantucket voters apparently agree.
Merrill Mason, an 11-year veteran teacher in the Nantucket schools, faced a tough choice in the fall of 2023. Should she take the full two weeks off her doctors recommended to recover from a sensitive medical procedure or return to her classroom after only a week and preserve her limited sick days?
Now Mason and Page Martineau, a Nantucket teacher who has endured two rounds of chemotherapy and a bilateral mastectomy since being diagnosed with breast cancer last summer, have filed a lawsuit against the town to force them to comply with the vote.
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“With my situations with cancer, a couple of medical procedures, and my pregnancy, it is really frustrating having to calculate my time instead of focusing on what the bigger life event is,” Mason said in an interview. “I have to sit there and count and make sure that I . . . have some wiggle room if something were to happen.”
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Across Massachusetts, teacher unions have been pushing to gain access to the state’s paid family leave program via lobbying on Beacon Hill or have negotiated a somewhat similar benefit into their contracts. Increasing paid leave has frequently emerged as one of the most contentious proposals in contract negotiations, contributing to some teacher unions, including the ones in Newton, Andover, Beverly, and Gloucester, to strike.
When state lawmakers passed the Massachusetts Paid Family and Medical Leave law in 2018, they mandated coverage for most private sector workers, but excluded public employees due in large part to the cost it could create for taxpayers. Instead, they gave municipalities and school districts the option to join.
Lawmakers were responding to financial concerns raised by the Massachusetts Municipal Association. The group also questioned the need for the program: many union contracts for police, fire, and other workers already include provisions around paid leave that are more generous than the state program. That’s because many union contracts allow members to stockpile unused sick days rather than having a use-it-or-lose-it policy that typically exists in the private sector.
The strong union benefits may explain why no municipality has joined the state program, according to the municipal association.
“Historically, municipalities have provided excellent paid sick, vacation and leave benefits, so the [state leave] option may have limited appeal,” Adam Chapdelaine, the association’s executive director, said in a statement.
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But many teacher union contracts often have sick day provisions that are less lucrative or it takes years to stockpile sick days, putting younger teachers, especially those having children, at a disadvantage, according to various local teacher unions.
Martineau said she was motivated to pursue the lawsuit out of concern for other Nantucket Teachers Association members experiencing hardship. Martineau is union president.
“For me it’s important to stand up for all people who are too scared to have their name on this,” she said in an interview. “I’ve been at the school for a long time, so I don’t have that fear.”
Martineau, who’s been teaching for 22 years in Nantucket, said she has been able to manage her cancer treatment so far with the sick time she has. During her two rounds of chemotherapy she typically worked full days on Mondays, and then half days from home for the rest of the week. She also took a six week medical leave, but also worked half days at home on lesson planning and grading.
“I could have used the [state program’s] benefits and the job protections that come along with it,” she said. The state program includes strong language protecting those who receive benefits from workplace retaliation.
C. Elizabeth Gibson, town manager for Nantucket, declined to comment, noting she had not seen the lawsuit yet.
The lawsuit, which was filed Thursday in Nantucket Superior Court, seeks to force the town to join the state medical leave program, credit the plantiffs’ paid time off to the state program, and award any other relief “the Court deems proper, just, and equitable.”
The town is legally obligated to implement the program following voter approval, according to the lawsuit, but the town decided against it for the time being because “multiple unions” rejected proposals to participate in the program, which requires employee payroll contributions.
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Leah Hill, a Nantucket resident and lead organizer behind the town charter amendment to join the state program, said it’s imperative the town follow through.
“This lawsuit is about more than just paid leave — it’s about economic security for families and retaining talented, dedicated public servants,” Hill, who is the town’s coastal resilience coordinator, said in a statement. “Cities and towns thrive when their municipal workers can care for themselves and their loved ones without risking financial ruin.”
James Vaznis can be reached at james.vaznis@globe.com. Follow him @globevaznis.