The Massachusetts Earned Sick Time Law (M.G.L. c. 149, § 148C) established a statewide mandate requiring nearly all employers to provide time off for employees to address certain health and safety needs. This protective labor law ensures workers do not have to choose between job security and attending to their own well-being or that of their family members. Compliance is mandatory, setting a minimum floor for the amount of time an employee must be able to earn and use within the Commonwealth.
The Total Amount of Earned Sick Time
Eligible employees are entitled to earn and use up to 40 hours of sick time per benefit year under the state statute. This 40-hour threshold is the mandatory baseline established by law, defining the maximum amount an employee can be required to accrue or use annually. Employers may offer a greater amount of sick time, but the 40-hour maximum applies regardless of whether the leave is paid or unpaid. The benefit year is defined by the employer and must be a regular, consecutive 12-month period.
Who Qualifies for Earned Sick Time
The Massachusetts law extends coverage to nearly all employees who perform work within the Commonwealth for compensation. This includes full-time, part-time, temporary, and seasonal staff.
A newly hired employee begins accruing sick time immediately upon their date of hire. However, employees are not entitled to use any accrued sick time until the 90th calendar day following the commencement of their employment. Once this 90-day period has passed, the employee may use any sick time they have earned up to that point.
Rules for Accrual and Carryover
Employees earn a minimum of one hour of earned sick time for every 30 hours worked. For employees exempt from federal overtime requirements, the law assumes a 40-hour work week for accrual unless their normal schedule is less than 40 hours. Accrual continues until the employee reaches the maximum annual limit of 40 hours.
Employees may carry over up to 40 hours of unused earned sick time into the next benefit year. However, an employee is still not entitled to use more than 40 hours of earned sick time in total during that subsequent benefit year. Employers who frontload the full 40 hours at the beginning of the benefit year are generally not required to permit carryover, provided they meet the law’s specific requirements.
Permitted Reasons for Using Sick Time
The statute specifies the circumstances under which an employee can use accrued sick time. Employees may use the time to care for their own physical or mental illness, injury, or health condition, or for routine medical, dental, or vision appointments. The law also permits the use of sick time to care for a family member, which includes the employee’s child, spouse, parent, parent-in-law, or grandparent. This includes attending to a family member’s routine medical appointment or addressing needs related to their health condition. Furthermore, employees may use accrued time to address physical, psychological, or legal needs arising from domestic abuse.
The Difference Between Paid and Unpaid Leave
Whether earned sick time must be paid or unpaid depends entirely on the size of the employer. Employers that employ 11 or more employees must provide the accrued sick time as paid leave. For these larger employers, the employee must be compensated at the same hourly rate they would have earned, which includes any commissions or piece rate wages.
Conversely, employers with fewer than 11 employees must still allow their workers to earn and use up to 40 hours of sick time, but this time may be provided as unpaid leave. To determine the size of the employer, the average number of employees working for compensation during the preceding year must be calculated. This count includes all employees—full-time, part-time, and temporary—who perform work for compensation in the Commonwealth.
Employer Responsibilities and Policy Requirements
Employers have specific administrative duties to ensure compliance with the law. All employers must provide employees with written notice of their rights under the Earned Sick Time Law. This notice often takes the form of a poster provided by the state Attorney General’s office, which must be displayed in a conspicuous location accessible to all employees.
Employers are also required to maintain accurate records documenting hours worked and sick time accrued and used by each employee. These records must be preserved for a minimum of three years and must be made available to the Attorney General upon request. The law includes an anti-retaliation provision, prohibiting employers from taking adverse action against an employee for exercising their rights, such as requesting or using their earned sick time.