Understanding Your Rights: Earned Sick Time in Massachusetts

Understanding Your Rights: Earned Sick Time in Massachusetts

In Massachusetts, every employee—regardless of full-time, part-time, temporary, or seasonal status—has the right to earn sick time. The Earned Sick Time Law ensures that workers can take the time they need to care for themselves and their loved ones without risking their jobs or income.

Who Qualifies for Earned Sick Time?

All employees in Massachusetts are covered under this law. This includes:

  • Full-time workers
  • Part-time workers
  • Temporary workers
  • Seasonal employees

Whether that time is paid or unpaid depends on the size of your employer:

  • Employers with 11 or more employees must provide paid sick time.
  • Employers with fewer than 11 employees may provide unpaid sick time.

Paid sick time must be paid on your regular paycheck schedule and at your regular rate of pay.

How is Sick Time Earned?

  • Employees earn 1 hour of sick time for every 30 hours worked.
  • You can earn and use up to 40 hours of sick time per year.
  • Up to 40 hours can roll over into the next year if unused.
  • Sick time begins accruing on your first day of work, and you can start using it after 90 days of employment.

When Can Sick Time Be Used?

Sick time can be used for:

  • Your own illness, injury, or routine medical appointment
  • The illness or medical appointment of a child, spouse, parent, or spouse’s parent
  • Issues related to domestic violence affecting you or your child
  • Pregnancy loss, or issues following assisted reproduction, adoption, or surrogacy

Employers may require you to use sick time in minimum increments of one hour. Using sick time for non-approved reasons could lead to disciplinary action.

Can My Employer Have a Different Policy?

Yes—but only if the policy offers at least:

  • The same amount of sick time
  • For the same purposes
  • With the same job protections

In other words, your employer’s policy can’t offer less than what the Earned Sick Time Law requires.

Job Protection and Verification

Your job is protected when you use earned sick time:

  • Employers cannot retaliate against you for using sick time.
  • Employers cannot assign points, cut your hours, or take disciplinary action against you for using your earned sick time.
  • You should notify your employer in advance of using sick time, unless it’s an emergency.
  • Employers may set their own preferred method of notification.
  • A doctor’s note generally isn’t required unless you miss more than three days in a row, or you’re using sick time in your last two weeks of employment.

Have Questions?

Contact the law offices of Sclafani & Moriarty at 413-732-8356, or Contact the Massachusetts Attorney General’s Fair Labor Division:
617-727-3465 or visit their website at www.mass.gov/ago/earnedsicktime

Violating any part of the Earned Sick Time Law is against the law. The Attorney General’s office enforces this law and ensures employees are treated fairly.