Previously available only for disability retirements, starting October 22, firefighters will get the benefit of the cancer presumption to go on injured leave. Specifically, after five years on the job, a firefighter who contracts any of a long list of cancers is presumptively entitled to injured leave pay under MGL c. 41, §111F, and medical reimbursement (§100). To overcome the presumption, an employer will have to prove that risk factors, accidents, or hazards unconnected to firefighting caused the cancer. Since MGL c. 41, §111F is a statute that can be modified through bargaining, employers may be able to demand that the unions bargain about this costly change, which may not be covered by insurance available to help employers absorb §111F related costs. Can an employer bargain to eliminate the presumption? (Even if it is legal to do so, it would certainly be difficult). Can an employer demand impact bargaining about the administration of a cancer claim, including a specific policy/process? When the Legislature passes legislation favorable to employers, the unions often demand impact bargaining before implementation. We see no reason why, with this law, the shoe should not be on the other foot.
