Massachusetts paid sick leave laws require employers to provide up to 40 hours of sick leave per year. Whether this leave must be paid depends on employer size, with different requirements for employers with more or fewer than 11 employees.
The law establishes comprehensive protection for workers while considering the varying capacities of different sized businesses. All employees count toward the size threshold, regardless of location, ensuring broad coverage across the state.
Common Questions About Massachusetts Paid Sick Leave
Understanding Massachusetts paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines based on employer size while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in Massachusetts?
All employees who primarily work in Massachusetts can take this leave.
Which employers have to provide this leave?
All employers with at least one Massachusetts employee must provide this leave. The type of leave required depends on size; however, all employees count toward these thresholds, regardless of location:
- Fewer than 11 employees: Must provide unpaid sick leave
- 11 or more employees: Must provide paid sick leave
How much leave do employers need to provide?
Employees accrue one hour of sick leave for every 30 hours worked, up to 40 hours per year. Exempt employees are presumed to work 40 hours per week unless they typically work less, in which case accrual is based on their normal workweek.
What can Massachusetts paid sick leave be used for?
Employees can take leave for their own mental or physical illness requiring home care, medical diagnosis, or preventative care, as well as care for a child, spouse, parent, or spouse’s parent with similar health needs. Routine medical appointments for themselves or family members are also covered, as well as travel to and from appointments, pharmacy, or other related locations. The policy also covers physical or mental health needs following pregnancy loss or failed assisted reproduction, adoption, or surrogacy. Employees can also take paid sick leave to address the effects of domestic violence.
How does this relate to other types of leave?
Employers can use a paid time off policy to comply with these requirements if it provides at least as much leave and allows for the same reasons as the sick leave law requires.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit employees to using 40 hours of sick leave per year. While the law doesn’t appear to allow total accrual caps, the annual use limit still applies.
Can employers provide all the leave at once instead of letting it accrue?
Yes, employers can provide at least 40 hours of sick leave at the beginning of the benefit year. Those who frontload don’t have to allow carryover of unused leave.
Do employers have to carry over unused leave?
Employees can carry over up to 40 hours of unused leave to the next year. However, employers that frontload don’t have to allow carryover.
What is the smallest amount of leave an employee can use?
Employers must allow employees to take leave in hourly increments or the smallest increment their payroll system uses, whichever is smaller.
What notice do employers and employees need to provide?
Employers must post a notice of sick leave rights in a visible location and either provide individual notice at hire or include the policy in a handbook.
For foreseeable leave, employees must make a good faith effort to provide advance notice.
What verification can employers ask for?
For absences exceeding 24 consecutive scheduled work hours, employers can require verification but cannot require explanation of the specific illness or domestic violence details. A healthcare provider’s note must be accepted as sufficient verification.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected when taking this leave. While employers don’t have to pay out unused leave at separation, they must reinstate leave for rehired employees:
- Within 4 months: All previously accrued leave restored
- 4-12 months: Restore leave if employee had at least 10 hours accrued before separation
Simplify Massachusetts Paid Sick Leave with SixFifty
Navigating Massachusetts paid sick leave requirements can be complex, especially with varying requirements based on employer size. SixFifty’s solutions streamline the process, ensuring your policies align with state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws evolve.
Want to see how it works? Schedule a free demo today!
