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

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.

The Law’s Details

Employers of one domestic worker are subject to the following provisions:

• Employees must work with the employer for at least one year;
• Employees must work at least 80 hours per calendar year; and
• Employees are entitled to receive two paid sick days at their regular rate of at minimum wage.

Employers of one to four employees are subject to these provisions:

• Employees must work at least 80 hours per calendar year; and
• Employees are entitled to up to 40 hours of unpaid sick leave.

Employers of five or more employees are subject to these provisions:

• Employees must work at least 80 hours per calendar year; and
• Employees are entitled to receive up to 40 hours of paid sick leave at their regular rate of at least minimum wage.

Employers must give written notifications describing the rights of the employee. Employers should include information about the employee’s right to file a complaint with the Department of Consumer Affairs, without fear of retaliation.

If you have any questions about the legislation or any other sick leave questions, contact us today