You wake up with the flu, your child has a high fever, or you’re scheduled for a medical appointment that you can’t postpone—can you legally take time off work and still get paid? In Massachusetts, the answer is often yes, thanks to some of the most comprehensive sick leave protections in the country.
Whether you’re a full-time employee or a part-time worker, understanding the rules around earned sick time in Massachusetts is a must. The state’s paid sick leave law outlines clear rights for workers and obligations for employers, but the specifics, like accrual, rollover, and documentation, can be confusing.
Here’s what every Massachusetts worker and employer should know about how sick time works in the state.
The Basics: Massachusetts Earned Sick Time Law
The foundation of sick time law in Massachusetts lies in the Earned Sick Time Law, passed by a ballot initiative in 2014 and effective since July 1, 2015. This law entitles most employees in the state to accrue and use earned sick time.
It covers almost all employees working within the state, including full-time, temporary, seasonal, and public and private sector employees. This makes Massachusetts sick time laws some of the most inclusive in the country.
Massachusetts Sick Time Law for Part-Time Employees
One of the most common questions about these laws is: What about part-time workers?
The answer is yes, part-time employees are covered, too. They accrue sick time at the same rate as full-time employees, and there’s no minimum number of weekly hours you need to qualify. So, even if you work 10 hours a week to a full-time employee’s 40, you’re still earning sick time under the MA earned sick time law.
Protections From Retaliation
Massachusetts includes strict protections against retaliations in its sick leave law. Employers can not take disciplinary action, reduce hours, or otherwise penalize an employee for using sick time in accordance with the law. If you think your employer has penalized you for using your sick leave, you may have a claim under the Massachusetts Attorney General’s Fair Labor Division or, in some cases, a private right of action under state law.
How Sick Time is Earned in Massachusetts
Employees earn one hour of sick time for every 30 hours worked, up to 40 hours per calendar year. This means that if you work 30 hours a week, you’ll earn approximately one hour of sick time per week. Or, if you work 1,200 hours in a year, you’ll earn the maximum 40 hours.
You’ll begin accruing sick time on the first day of work, but it’s possible for your employer to require a 90-day waiting period before it can be used.
Paid vs. Unpaid Sick Time: What’s the Difference?
There’s a notable difference in Massachusetts’s paid sick leave law based on employer size. Employers with 11 or more employees must provide paid sick leave, whereas employers with fewer than 11 employees must provide unpaid sick leave. With the latter, employees still accrue time under the same formula.
This means that even if your employer doesn’t have to pay you for sick time, you’re still legally entitled to take it and be protected from retaliation.
Valid Reasons for Using Earned Sick Time in Massachusetts
You can use your sick time for a variety of personal and family health reasons, such as:
- Caring for your own physical or mental illness or injury
- Attending routine medical appointments
- Caring for a child, spouse, or spouse’s parent with a medical issue
- Addressing domestic violence-related needs, including legal proceedings, counseling, or relocating
It’s quite flexible, considerably more so than many other states.
Sick Pay and Documentation Requirements
If your sick time is paid, it must be paid at the same hourly rate that you usually earn. When you use it for more than 24 scheduled work hours of sick time (3 scheduled consecutive workdays), your employer may require documentation, such as a doctor’s note.
Employers can’t require a doctor’s note for a single sick day, and any documentation can’t be overly burdensome. Additionally, it must be kept confidential in compliance with HIPAA and Massachusetts privacy laws.
Frequently Asked Questions
What is the Massachusetts sick time payout rule?
Unlike vacation time, employers aren’t required to pay out unused earned sick time when an employee leaves the company, whether through resignation, termination, or layoff unless the employer’s policy or contract provides otherwise.
Does Sick Time Roll Over in Massachusetts?
Yes. Under Massachusetts’ sick leave law, unused earned sick time must roll over into the next calendar year, up to a cap of 40 hours. Employers aren’t required to allow an employee to use more than 40 hours of earned sick time in a single year, though, even if more has carried over.
How Many Sick Days Do You Get in Massachusetts?
The law is based on hours, not days, but assuming a standard 8-hour workday, employees may earn up to five sick days (40 hours) per year. This limit applies regardless of whether you carry time over from the previous year.
Know Your Sick Time Rights
The Massachusetts paid sick leave law ensures that workers like you can care for themselves and their families without risking their income or employment. It applies whether you’re a part-time worker or a full-time employee, providing peace of mind in knowing you can take time off when sick without fear of losing your job. As an employee, it’s important to understand your rights and how sick time works in Massachusetts.
If you believe that your rights under the MA earned sick time law have been violated, our experienced employment attorneys at the Fogelman Law Firm are here to help. Contact us at 617.559.1530 or fill out our online contact form to start with a free consultation.
