Massachusetts Earned Sick Time Law: Your Guide to Employee Benefits
Understanding the Massachusetts Earned Sick Time LawStarting July 1, 2015, all Massachusetts employees, including part-time and temporary workers, became entitled to earn sick time. While you can accrue up to five days per year, this may not be enough for serious health issues, but it's a significant benefit for many workers and their families.
Earning Sick TimeEvery Massachusetts employee must earn one hour of sick time for every 30 hours worked. Full-time employees can reach the maximum of five days in approximately 30 weeks. Part-time employees accrue sick time more slowly, but it begins accumulating immediately. You can also use sick time in increments, tracking only the hours you use. Salaried employees are considered to work 40 hours a week for sick time accrual.
Employers are required to provide the Attorney General's Notice of Employee Rights, which should be displayed where all employees can see it. Rollover of Sick TimeEmployers have choices in structuring earned sick time. If employees accrue time based on hours worked, up to 40 unused hours must roll over into the following year. Alternatively, if an employer grants all employees 40 hours at the start of the year, unused time doesn't need to roll over.
Usage of Sick TimeSick time isn't limited to illness. You can also use it for medical appointments or to care for sick family members, including children, spouses, or parents. It's also available for dealing with the effects of domestic violence, such as meetings with the District Attorney's office.
When Sick Time AccruesYou start accruing one hour of earned sick time for every 30 hours worked as soon as you begin your job. While an employer may prohibit using sick time during the first 90 days of employment, it continues to accrue during this period.
Employer Responsibility for PaymentEmployers with 11 or more employees must pay for earned sick time, counting all employees, including part-timers. The requirement applies if there were 11 or more employees during any consecutive 16-week period in the year. This significant change affects certain businesses, such as restaurants and retail stores, that weren't accustomed to paid sick time. Previously, employees who called out sick wouldn't earn any wages for that day. Now, as long as there are 11 or more employees, the employer must pay for the earned sick time.
Employee EligibilityThis law applies to nearly every employee in Massachusetts, irrespective of full-time, part-time, temporary, or seasonal status. Exemptions include municipal employees (unless their city or town has adopted the act's provisions) and federal government employees.
Protection From RetaliationEmployers cannot take any action against you for taking sick leave time, whether paid or unpaid, due to sickness or to care for a family member. This includes parents who occasionally miss work for a sick child or a doctor's appointment. Even when not required to pay for the time, employers cannot fire or discipline you for such absences. However, chronic absenteeism, personal errands, or unexplained absences not covered by the law may still lead to discipline.
Employers can ask for a doctor's note if you're absent for more than three consecutive days due to illness. They can also request reasonable advance notice for taking sick time if circumstances allow. Addressing Violations of the Earned Sick Time LawThe Earned Sick Time Law is part of the Massachusetts Wage Act, which empowers you to report violations to the Attorney General or file a private lawsuit. If you prove a violation, you may be entitled to triple damages and have your attorney's fees and costs covered. Violations related to unpaid sick time would result in damages calculated based on the hours missed multiplied by your hourly wage. For salaried employees, the hourly wage is determined by dividing the weekly salary by the usual number of hours worked per week. More substantial damages may apply if you're terminated for using earned sick time.
If you believe your rights under the Earned Sick Time Law have been violated, file a complaint with the Attorney General to obtain a "right to sue" letter before pursuing legal action. Key Points to Remember
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as a Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients with wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with multiple wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
How We Can Help
Our experienced legal team can provide guidance on complying with the Massachusetts Earned Sick Time Law and assist employees in enforcing their rights if they believe their rights have been violated. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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