Understanding the Massachusetts Earned Sick Time Law for Employers
Understanding the Massachusetts Earned Sick Time LawStarting July 1, 2015, Massachusetts employers must be aware of the Massachusetts Earned Sick Time Law, which grants various benefits to employees, including part-time and temporary workers. While employees can accrue up to five days of sick time per year, it's essential for employers to understand the law's provisions and ensure compliance in the workplace.
Earning Sick TimeUnder this law, every Massachusetts employee must earn one hour of sick time for every 30 hours worked. Full-time employees can accumulate up to five days of sick time in approximately 30 weeks. Part-time employees accrue sick time more slowly, but it begins accumulating immediately. Employers should note that salaried employees are considered to work 40 hours a week for sick time accrual purposes.
Employers are also 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 flexibility in structuring earned sick time policies. If employees accrue time based on hours worked, up to 40 unused hours must roll over into the following year. However, if an employer grants all employees 40 hours at the beginning of the year, unused time doesn't need to roll over.
Usage of Sick TimeIt's essential for employers to recognize that sick time can be used for various reasons, including illness, medical appointments, or caring for sick family members, such as children, spouses, or parents. It can also be used to address the effects of domestic violence, such as meetings with the District Attorney's office.
When Sick Time AccruesEmployees start accruing one hour of earned sick time for every 30 hours worked as soon as they begin their job. While employers may prohibit the use of 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, including part-timers, must provide paid earned sick time. This requirement applies if there were 11 or more employees during any consecutive 16-week period in the year. This significant change affects businesses, such as restaurants and retail stores, that may not have been accustomed to paid sick time.
Employee EligibilityThis law applies to nearly every employee in Massachusetts, irrespective of their 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.
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Protection From Retaliation
Employers cannot take any adverse actions against employees for taking sick leave time due to sickness or to care for a family member. Even when not required to pay for the time, employers cannot terminate or discipline employees for such absences. However, chronic absenteeism, personal errands, or unexplained absences not covered by the law may still lead to discipline. Employers have the right to request a doctor's note for absences exceeding three consecutive days due to illness and reasonable advance notice for taking sick time if circumstances allow.
Addressing Violations of the Earned Sick Time Law
The Earned Sick Time Law falls under the Massachusetts Wage Act, which means that employees can report violations to the Attorney General or file a private lawsuit if their rights have been infringed upon. Violations may result in triple damages, covering the employee's attorney's fees and costs. Damages for unpaid sick time are calculated based on the hours missed multiplied by the employee's hourly wage. For salaried employees, the hourly wage is determined by dividing the weekly salary by the usual number of hours worked per week. If an employee is terminated for using earned sick time, more substantial damages may apply. Employees who believe their rights under the Earned Sick Time Law have been violated should file a complaint with the Attorney General to obtain a "right to sue" letter before pursuing legal action.
Key Points for Employers to Remember
- Understand that healthcare attendance for employees or their immediate family is a protected activity in Massachusetts.
- Employers with 11 or more employees must provide paid earned sick time, up to 40 hours per year, even if employees have irregular hours.
- Avoid retaliating against employees for using earned sick time, as it can lead to legal consequences.
- Violations of the Earned Sick Time Law are considered violations of the Massachusetts Wage Act, potentially resulting in triple damages and covering the employee's legal fees if they prevail.
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 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 severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
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, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
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 with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
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 on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
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 wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our expert guidance can assist employers in understanding and adhering to the Massachusetts Earned Sick Time Law, minimizing legal risks and promoting a fair workplace. 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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