Massachusetts Approves Statewide Sick Leave
Massachusetts voters spoke up for workers’ rights when they approved a law requiring sick leave for employees in the private sector. As of July 1, 2015, virtually all employers must allow up to 40 hours per year of sick leave.
Variations on the Sick Leave Law
- Businesses employing more than 10 workers are required to provide paid sick leave;
- Businesses employing 10 workers or fewer are required to provide unpaid sick leave;
- Employee calculations include full time, part time and temporary workers;
- Sick leave accrues at a rate of one hour per 30 hours of work, with a maximum of 40 hours; and
- Sick leave cannot be used until employees have worked at least 90 hours.
Under the law, employees may use their accumulated sick to care for themselves or an immediate family member. Doctors’ appointments, home care and illness are all covered under the legislation. The law also includes a provision for victims of domestic violence who need to deal with psychological, physical or legal ramifications.
In 2014, Massachusetts voters passed a statewide earned sick time law aimed at expanding workforce protections in the private sector. The regulation took effect on July 1, 2015, requiring most employers to allow workers to accrue and use up to 40 hours of sick leave per year.
Paid vs. Unpaid Sick Leave Requirements
Employers with more than 10 workers must provide paid sick leave
- Employers with 10 or fewer workers must provide unpaid sick leave
- Worker count includes full-time, part-time, and temporary employees
Sick Leave Accrual & Eligibility Rules
| Rule | Detail |
|---|---|
| Accrual Rate | 1 hour earned for every 30 hours worked |
| Annual Cap | Maximum of 40 hours per year |
| Usage Eligibility | Available after 90 hours worked |
| Vesting Period | Cannot be used until employment reaches 90 days |
Valid Reasons Employees Can Use Sick Time
Workers may use accrued leave for:
✔ Personal illness or injury
✔ Caring for an immediate family member
✔ Medical and doctor appointments
✔ Recovery that requires home care support
✔ Domestic violence situations, including physical, psychological, or legal assistance
Eligible situations involving domestic violence also cover time needed for court visits, counseling, medical treatment, and legal planning.
Key Workplace Protection Themes in the Law
- Eliminates loopholes based on unfair staffing structure
- Applies to extremely broad range of workers, including temporary staff
- Allows leave for both medical needs and safety-related emergencies
- Prevents employers from restricting use to employee-only illness
- Creates a compliance standard for transparent accrual tracking
This law reportedly makes Massachusetts only the third state mandating paid sick leave. If you have any questions about the legislation or additional sick leave questions, contact us today.
