The main paid sick leave laws in Massachusetts allow most workers to accrue and use up to 40 hours of sick leave every year. Massachusetts law states that employees must earn at least one hour of sick leave for every 30 hours they work.
You can learn more about what the paid sick leave laws are in Massachusetts with a Boston labor and employment law firm. An attorney can explain your rights as an employee and the laws that govern how you use your sick leave.
What are Paid Sick Leave Laws in Massachusetts?
Massachusetts has several laws that deal with earned sick time. These laws focus on:
How Much Sick Time Employees Can Earn
Massachusetts says that employees can earn up to 40 hours of sick leave per year. According to our state’s legal codes, employees must earn at least an hour of sick time for each 30 hours they spend working.
How Employees Can Use Sick Time
According to the government in Massachusetts, employees can use sick time:
- To recover from an illness or injury
- For a routine medical appointment
- To care for a spouse, child, parent, or the parent of a spouse
- To deal with acts of domestic violence
Additionally, workers can use sick leave to care for themselves or a spouse after the loss of a pregnancy. Employees can also use this leave after a failed surrogacy, adoption, or attempt at assisted reproduction.
How Employees Give Notice to Use Leave
The state does not require employees to give notice each time they plan to use sick leave. However, employers may have a sick leave policy that requires notification, except in the event of an emergency.
It’s best to check with an employer or review the employee handbook to determine the expectations of each business before taking sick leave.
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Do All Employers Have to Provide Paid Sick Leave?
Only employers with 11 or more employees have to provide paid sick leave. Employers with fewer employees still must provide sick leave, but they do not have to pay employees who take time off work due to an illness.
Employees in these small businesses can still earn up to 40 hours of sick leave a year, and they still earn at least an hour of sick time for each 30 hours they work.
Can Employers Demand Proof of an Illness or Injury?
State laws allow employers to request a doctor’s note or some other form of documentation to prove a valid reason for taking sick leave in some cases. Employers can ask for documentation if an employee misses over three consecutive days at work.
However, employers cannot request detailed information about an employee’s illness or details for leave related to domestic violence.
In many cases, employers will require employees to complete a form stating that they used sick leave for a covered reason.
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Can Employers Offer Other Sick Leave?
Employers in Massachusetts can set up additional policies to handle sick leave and other time off. However, these policies must offer the same or better protections and benefits provided under state laws.
For example, a business with only six employees could legally decide to offer paid sick leave, because this offer would exceed state laws.
However, an employer with 20 employees could not decide that employees only earn an hour of sick leave for each 40 hours they work, because this decision would conflict with the state’s laws on paid sick leave.
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Do Employers Have to Tell Employees About Sick Leave Laws?
Employers in Massachusetts have a legal responsibility to ensure that employees understand their rights, including those relating to sick leave. The state requires employers to keep a Notice of Employee Rights posted in the workplace.
Additionally, employers have the option to provide a copy of the notice to all employees or add the company’s sick time policy to employee manuals or handbooks.
You can learn more about sick leave laws and other employee protections by going over Massachusetts labor laws for salaried employees.
Learn More About Sick Leave Laws in Massachusetts
So, what are paid sick leave laws in Massachusetts? Our state requires employers with 11 or more employees to allow workers to earn and use 40 hours of sick leave a year. Employees earn at least one hour of sick time for each 30 hours they work.
Our team at Duddy, Goodwin & Pollard can give you more information about these laws. We can also step in to help if your employer violates your rights by refusing to provide sick leave or by firing you without cause when you exercise your rights to take time off to heal. If you are threatened to be fired for using sick leave, our wrongful termination lawyers can protect your rights and guide you through your legal options.
We have extensive experience handling employment law matters, and we want to provide the support you need. You can reach out to us now for help or check out our Massachusetts labor and employment law guide.
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