Final Earned Sick Time Regulations Released

Final guidance on Massachusetts’ Earned Sick Time (EST) law has been released by the Massachusetts Attorney General’s Office, providing long-awaited clarification for employers and employees statewide.

The EST law, effective since July 1, 2015, requires all Massachusetts employers to allow workers to earn and use up to 40 hours of sick time per calendar year. The updated regulations outline how time should be accrued, paid, and administered.

Who Is Covered

• Applies to all employers operating within Massachusetts
• Eligible employees may accrue up to 40 hours of paid sick time annually

Key Regulation Highlights

1. Concurrent Leave
Earned sick time can run at the same time as approved leave under the federal Family and Medical Leave Act (FMLA) and other Massachusetts leave laws, allowing employees to receive pay while on protected leave.

2. Travel Time Counts
If sick time is used for medical care, employees may include reasonable travel time related to the visit—such as trips to and from a doctor’s appointment in their EST hours.

3. Regular Pay Rate Required
Sick time must be paid at the employee’s normal hourly rate, ensuring no reduction in standard wages.

4. Accrual Cap Options
Employers may pause additional EST accrual for employees who already have 40 hours of unused sick time banked, until part of that time is used.

5. Carryover (Rollover) Rules

• Employees can carry over up to 40 unused hours into the next calendar year
• Exception: Rollover is not required if the employer “front-loads” the full 40 hours at the start of the calendar year

6. End-of-Year Payout
Employers may choose to pay out unused sick time (up to 40 hours) at year-end, but this is optional, not mandatory.

7. Rehired Employees
If an employee has a break in service, previously accrued EST remains available for use for up to 12 months after rehire. No new 90-day waiting/vesting period is required.

Employer Compliance Reminder

To stay compliant, businesses should:

• Update employee handbooks
• Adjust accrual tracking systems
• Ensure payroll policies meet regular-rate payment requirements
• Train management on eligible usage and rollover rules
• Maintain accurate time-off documentation

Non-compliance may lead to financial penalties, claims related to wage violations, or state audits.

Bottom Line

These updated clarifications provide clearer direction on employee entitlements and employer obligations under Massachusetts sick leave law. Employers should review internal policies now to ensure full compliance and avoid legal or financial exposure.

For questions about this law or its interpretation, contact our office to speak with an attorney.