Massachusetts Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Massachusetts.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Massachusetts Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Yes, a law regarding paid sick leave applies to certain employers in the state of Massachusetts. It is referred to as earned sick time.

Are There Requirements to be Eligible for Paid Sick Leave in Massachusetts?

Employers with 12 or more employees are required to provide paid sick leave to employees. Employers with 11 or fewer employees must provide sick leave, but it can be unpaid.

Is There a Minimum Amount of Paid Sick Time Required in Massachusetts?

The accrual rate for paid sick time is 1 hour for every 30 hours worked. The maximum is 40 hours per year. There is no minimum amount, as the accrual rate depends on the number of hours worked.

What Can PSL be Used for in Massachusetts?

Paid sick leave can be used by an employee to seek care or treatment for their own physical or mental illness, injury, or condition, as well as to care for their child, spouse, parent, or spouse’s parent.

Is Paid Sick Leave Required to be Carried Over Each Year in Massachusetts?

Yes, the maximum paid sick leave (40 hours) may be carried over to the next year.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Massachusetts?

Paid time off is not a required benefit. Paid sick leave is for employers with 12+ employees (and unpaid sick leave is required for employers with 11 or fewer).

Common Massachusetts Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Massachusetts?

You are entitled to receive up to 40 hours of paid sick leave per year. The accrual rate is 1 hour for every 30 hours worked.

Does paid sick leave apply to all employees who work in Massachusetts?

Paid sick leave applies to all employees who work for employers in Massachusetts with at least 12 employees. Employers with 11 or fewer are required to provide sick leave, but it doesn’t have to be paid.

Which employees are exempt or partially exempt from the paid sick leave law in Massachusetts?

Independent contractors are not considered employees under state law, so they are not entitled to earn sick leave (paid or unpaid). Additionally, fully exempt federal employes are not eligible to earn sick leave. Different rules may apply to employees covered by collective bargaining agreements.

Do I have to notify my employer before taking sick leave in Massachusetts?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in Massachusetts?

The law protects employees from retaliation by their employer for using paid sick leave. However, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.

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Earned sick time

Massachusetts Department of Labor Standards