The Massachusetts Earned Sick Time Law
The Massachusetts Earned Sick Time Law took effect in July of 2015 and entitles Massachusetts employees to earn up to 40 hours per year of sick leave to address certain personal and family health needs. Employees accrue the right to take sick leave based upon the number of hours they work in a workweek.
Am I Eligible for Paid Sick Leave or Unpaid Sick Leave Under Massachusetts Law?
Massachusetts employers with 11 or more employees must provide employees with 40 hours of paid sick time per year. Massachusetts employers with fewer than 11 employees have to provide 40 hours of sick leave, but it may be unpaid.
Is My Employer Covered By the Massachusetts Earned Sick Time Law?
Certain employers are not subject to the Massachusetts Earned Sick Time Law. Employees not eligible for earned sick time under the law include (1) employees of the United States government, (2) certain students attending a public or private institute of higher education, (3) adults participating in a licensed program and performing work duties within the program setting as part of a bona fide educational or vocational training and (4) municipal employees.
How Do I Accrue Massachusetts Earned Sick Time?
Employees accrue 1 hour of Massachusetts earned sick time for every 30 hours worked, but cannot accrue more than 40 in a calendar year. Employees begin accruing earned sick time on their first day of work, but are not entitled to take the earned sick time until the 90th calendar day after they began employment.
When Can I Use Massachusetts Earned Sick Time?
Massachusetts employees can use earned sick time for the following reasons:
To care for the employee’s child, spouse, parent, or parent of a spouse, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care.
To care for the employee’s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care.
To attend the employee’s own routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent, or parent of a spouse.
To address the psychological, physical, or legal effects of domestic violence.
To travel to and from an appointment, a pharmacy, or other location related to the purpose for which the time was taken.
Can My Employer Retaliate Against Me for Using Massachusetts Earned Sick Time?
Massachusetts employers may not retaliate against an employee for exercising or attempting to exercise rights under this law, including requesting and using earned sick time, filing a complaint for alleged violations of the law, communicating with anyone about any violation of the law, participating in a judicial proceeding regarding an alleged violation of the law, or informing anyone about their rights under the law.
Retaliation is broadly defined under the law and includes any threat, discipline, discharge, demotion, suspension, or reduction in employee hours, or any other adverse employment action. The law protects an employee from retaliation even if they were wrong about the violation, so long as they believe, in good faith, that a violation had occurred.
Employees who have been damaged as a result of an employer’s violation of the Earned Sick Time Law may sue their employers for that violation and are entitled to the Massachusetts Wage Act’s comprehensive remedial scheme to remedy those damages, including triple wage damages, compensation for emotional distress, attorneys’ fees, and costs.
Employment attorney Benjamin Steffans has successfully represented numerous Massachusetts employees who have been retaliated against by their employer for using earned sick time. If you think your employer is violating the Massachusetts Earned Sick Time Law call us today for a free consultation.
