Massachusetts Earned Sick Time Law
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Beginning July 1 2015, all employees in Massachusetts are entitled to earn sick time at their jobs. This applies to part time employees, temporary employees and full time employees. The law only requires you to accrue up to 5 days in a year. This amount of time will not be of much help in the face of a serious health condition. But it makes a big difference to many workers and families in Massachusetts.
Accrual of Sick TimeEvery employee in Massachusetts must earn one hour of earned sick time for every 30 hours worked. A full time employee can expect to reach the 5 day maximum in about 30 weeks. Part time employees will earned the accrued sick time more slowly, but it still begins accruing immediately. You can also take less than a full day of sick time and only count the hours you use.
Salaried employees are assumed to work 40 hours a week for purposes of sick time accrual. All employers must provide the Attorney General's Notice of Employee Rights. This can be done by posting a copy of the notice in a place visible to all employees. The notice is also available in several languages here if you have workers whose first language is not English. |
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Rollover of Sick Time
Employers have some choices in how they structure the earned sick time. If they have employees accruing time per 30 hours worked, unused time up to 40 hours must be rolled over into the following year. If the employer chooses to simply award all employees 40 hours of sick time at the beginning of each year, unused time does not have to roll over.
What You Can Use Sick Time For
The time you accrue is not only for sickness. Employers must also allow employees to use sick time for other reasons. You can use the sick time to attend a routine medical appointment. You can use it to help family members who are sick or need to attend medication appointments. This includes your child, spouse, or parent.
You can also use the time to deal with the effects of domestic violence. This can include non-medical appointments like meeting with the District Attorney's office.
You can also use the time to deal with the effects of domestic violence. This can include non-medical appointments like meeting with the District Attorney's office.
When Do You Begin Accruing Sick Time?
The one hour of earned sick time for every 30 hours worked begins accruing as soon as you start your job. The employer can require that you not use that time during the first 90 days of employment, but it will still be accruing.
When Does an Employer Have to Pay for Sick Time?
Employers with 11 or more employees have to pay for the earned sick time. When counting employees, under this law all employees are counted, even part-time workers. If the number of employees varies throughout the year, the requirement to pay will apply if there were 11 or more employees in any consecutive 16 week period during the year.
This is a significant change for certain kinds of businesses who pay their employees only when they are on a shift. Restaurants, fast-food outlets, and retail stores are among the employers who are not used to paid sick time. Prior to the earned sick time law, an employee who called out sick for a shift would simply not earn anything that day. Now, assuming there are 11 or more employees in the business, the employer must pay for all of the sick time that has been earned.
This is a significant change for certain kinds of businesses who pay their employees only when they are on a shift. Restaurants, fast-food outlets, and retail stores are among the employers who are not used to paid sick time. Prior to the earned sick time law, an employee who called out sick for a shift would simply not earn anything that day. Now, assuming there are 11 or more employees in the business, the employer must pay for all of the sick time that has been earned.
What Employees Are Eligible for Sick Time?
This law applies to almost every employee in Massachusetts. You do not need to be full time, and you can be a temporary or seasonal worker.
One exception is people who are employed by cities or towns, including teachers and other municipal workers. The law states that it does not apply to these employees unless the city or town has enacted a by-law accepting the provisions of the act.
Employees of the federal government are also exempted from this law.
One exception is people who are employed by cities or towns, including teachers and other municipal workers. The law states that it does not apply to these employees unless the city or town has enacted a by-law accepting the provisions of the act.
Employees of the federal government are also exempted from this law.
Can You Be Penalized for Taking Sick Time?
One of the big changes under this law is that employers cannot take action against you for taking sick leave time. This applies whether you are taking unpaid or paid sick leave. It also applies whether the reason you are taking the time is for sickness or to take care of a child, spouse or parent.
One class of employees who benefits from this law are parents who have to miss work occasionally for a sick child, or to take a child to the doctor. Now, even where your employer is not required to pay you for the time, they cannot fire or discipline you for missing work.
An employer can take disciplinary action if you miss more than the accrued amount of time.
The sick leave law does not protect you from discipline for chronic absenteeism. It also does not protect you if you miss work for reasons not covered by the law. Examples include personal errands, dealing with a car repair, or other things that sometimes come up that can interfere with work.
Your employer can require you to provide a doctor's note if you miss more than three days in a row due to sickness. The employer can also require you to provide reasonable notice of taking sick time where possible. For example, if you have a scheduled medical appointment your employer can require 7 days notice. If you are unexpectedly sick, or a child is unexpectedly sick, your employer cannot require advance notice.
One class of employees who benefits from this law are parents who have to miss work occasionally for a sick child, or to take a child to the doctor. Now, even where your employer is not required to pay you for the time, they cannot fire or discipline you for missing work.
An employer can take disciplinary action if you miss more than the accrued amount of time.
The sick leave law does not protect you from discipline for chronic absenteeism. It also does not protect you if you miss work for reasons not covered by the law. Examples include personal errands, dealing with a car repair, or other things that sometimes come up that can interfere with work.
Your employer can require you to provide a doctor's note if you miss more than three days in a row due to sickness. The employer can also require you to provide reasonable notice of taking sick time where possible. For example, if you have a scheduled medical appointment your employer can require 7 days notice. If you are unexpectedly sick, or a child is unexpectedly sick, your employer cannot require advance notice.
What if an Employer Violates the Earned Sick Time Law?
The sick time law is part of the Massachusetts Wage Act. That means if your employer violates the law, you can either ask the Attorney General to investigate or file a private lawsuit.
Because this is part of the Wage Act, if you are successful in proving a violation, you will be entitled to triple damages. The employer will also have to pay for your attorneys fees and costs. If the violation is that the employer did not pay for your sick time, your damages would be the number of hours you missed times your hourly wage. If you are salaried, the hourly wage will be calculated by your weekly salary divided by your usual number of hours worked in a week.
There may be more substantial damages if you are fired for using earned sick time.
If you think your employer has violated your rights under the Earned Sick Time Law, the first thing you should do is file a complaint with the Attorney General. This is easy to do and you should do it even if you are not sure you will be taking legal action. The reason is that you are required to have a "right to sue" letter from the Attorney General's office before you can bring a claim in court.
Because this is part of the Wage Act, if you are successful in proving a violation, you will be entitled to triple damages. The employer will also have to pay for your attorneys fees and costs. If the violation is that the employer did not pay for your sick time, your damages would be the number of hours you missed times your hourly wage. If you are salaried, the hourly wage will be calculated by your weekly salary divided by your usual number of hours worked in a week.
There may be more substantial damages if you are fired for using earned sick time.
If you think your employer has violated your rights under the Earned Sick Time Law, the first thing you should do is file a complaint with the Attorney General. This is easy to do and you should do it even if you are not sure you will be taking legal action. The reason is that you are required to have a "right to sue" letter from the Attorney General's office before you can bring a claim in court.
What Employers and Employees Need to Remember About the Earned Sick Time Law
- Taking time to attend to routine health care for the employee or their immediate family is now a protected activity under Massachusetts law.
- If you have 11 or more employees, you have to pay for earned sick time up to a maximum of 40 hours a year, even if your employees do not work regular hours.
- No employer is allowed to retaliate against an employee for using earned sick time.
- Violation of the Earned Sick Time Law is a violation of the Massachusetts Wage Act, which can mean triple damages and payment of the employee's legal fees if they win.
How Our Employment Lawyers Can Help
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We can help you understand your rights under the Earned Sick Time Law and your options for protecting those rights. 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.
