Sick Leave for Massachusetts Employees: What You Need to Know in 2025
Ever woken up feeling worse than the Patriots' 2023 season, battling a winter cold in Boston, or dealing with springtime allergies in Cambridge? Well, here's something that might make you feel better: Massachusetts has one of the most comprehensive paid sick leave laws in the country, passed by voter initiative back in 2014. It's as much a part of our worker protections as the Freedom Trail is part of our history.
Key Objectives:
Here's what makes the Bay State special: Much like how we don't mess around with our lobster rolls or clam chowder, we take sick leave seriously. Whether you're teaching at Harvard, serving customers in a Northampton café, or working in a Springfield factory, you're covered. The law requires nearly all employers with 11 or more employees to provide paid sick time, while smaller employers must provide unpaid sick time - it's as universal as our love for Dunkin'.
Think of it this way: For every 30 hours you work, you earn one hour of sick time - up to 40 hours per year. And like our stubborn New England pride, these hours carry over from year to year (though employers can cap use at 40 hours annually). The law understands that life, like Massachusetts weather, can be unpredictably challenging.
What's particularly impressive (like our fall foliage) is how flexible these protections are. You can use this time not just for your own illness, but also to care for family members, attend routine medical appointments, or deal with domestic violence issues. It's as versatile as a proper Boston accent - and just as distinctly Massachusetts.
Overview of Massachusetts’ Earned Sick Time Law
The Earned Sick Time Law, in effect since July 1, 2015, requires employers to provide sick leave to their employees. The type of sick leave—paid or unpaid—depends on the size of the employer.
Key Provisions:
- Employers with 11 or more employees must provide paid sick leave.
- Employers with fewer than 11 employees must provide unpaid, job-protected sick leave.
How Does Sick Leave Work in Massachusetts?
Accrual of Sick Leave
Employees accrue 1 hour of sick leave for every 30 hours worked, up to a maximum of 40 hours per year.
Key points:
- Sick leave accrual begins on the first day of employment.
- Employees can start using their accrued sick leave after 90 calendar days of employment.
- Employers may choose to frontload the full 40 hours at the start of the year instead of using the accrual method.
When Can Sick Leave Be Used?
Massachusetts employees can use their accrued sick leave for the following purposes:
- Personal Health: To recover from illness, injury, or a medical condition, or to attend routine medical appointments.
- Family Care: To care for a family member who is ill or injured, or to attend their medical appointments.
- Public Health Emergencies: If the employee’s workplace or child’s school/childcare is closed due to a public health emergency.
- Domestic Violence Leave: To seek medical attention, counseling, legal services, or relocation related to domestic violence or abuse.
Covered family members include:
- Children, spouses, parents, or guardians.
- Grandparents, grandchildren, or siblings.
Employer Obligations in Massachusetts
Massachusetts employers are required to:
- Provide Notice: Inform employees about their rights under the Earned Sick Time Law through workplace postings and written notices.
- Track Accrual and Usage: Maintain accurate records of hours worked, sick leave accrued, and leave taken for at least three years.
- Pay Sick Leave: Compensate paid sick leave at the employee’s regular hourly wage.
Carryover and Payout of Sick Leave
Carryover Rules
Unused sick leave can carry over to the following year. However:
- Employers can limit annual usage to 40 hours regardless of carryover.
Payout at Termination
Employers are not required to pay out unused sick leave upon termination unless the employer’s policy explicitly states otherwise.
Can Sick Leave Be Used for COVID-19?
Yes. Massachusetts employees can use accrued sick leave for COVID-19-related reasons, including:
- Testing or recovery from COVID-19.
- Caring for a family member with COVID-19.
- Quarantine or isolation due to exposure.
Public-Sector Employees and Additional Protections
Public-sector employees in Massachusetts are generally covered under the Earned Sick Time Law and may also have additional sick leave benefits provided by collective bargaining agreements or specific employer policies.
FAQs About Sick Leave in Massachusetts
Q: Can an employer require a doctor’s note?
A: Employers may request documentation if an employee takes more than three consecutive days of sick leave. However, they cannot delay payment while waiting for the documentation.
Q: Are part-time and temporary employees eligible for sick leave?
A: Yes. All employees, regardless of full-time, part-time, or temporary status, accrue sick leave at the same rate.
Q: What if my employer doesn’t comply with the law?
A: Employees can file a complaint with the Massachusetts Attorney General’s Office, which enforces the Earned Sick Time Law.
Common Misconceptions About Sick Leave in Massachusetts
- “Sick leave is only for full-time employees.”
False. Massachusetts law requires that all employees, including part-time, temporary, and seasonal workers, accrue sick leave.
- “Unused sick leave is lost at the end of the year.”
Not entirely. Unused sick leave can carry over to the following year, but employers may limit usage to 40 hours annually.
- “Employers can deny sick leave requests.”
False. As long as the employee has accrued sick leave, employers cannot deny its use for qualifying reasons.
Why Sick Leave Matters
Massachusetts’ Earned Sick Time Law promotes healthier workplaces by allowing employees to address their health and family needs without fear of losing income. For employers, offering sick leave helps reduce turnover, boost morale, and improve productivity.
Final Thoughts
Massachusetts’ Earned Sick Time Law ensures that employees have access to job-protected sick leave, whether paid or unpaid. Employees and employers alike should stay informed about their rights and obligations under the law.
For more information about sick leave in Massachusetts, visit the Massachusetts Attorney General’s Office.
