As of July 1, 2015 all Massachusetts' employers must have a sick leave program for their employees. The specifics of the program are based upon the average number of employees per week. Employers with 10 or fewer employees per week must allow the employees to have unpaid sick leave while those with 11 or more employees must provide paid sick leave.
Here is a summary of the regulations:
Employees earn one hour of sick leave for every 30 hours worked.
Employees can earn and use up to 40 hours of sick leave a year.
Employees can roll over up to 40 hours of unused sick leave from one year to the next.
Employees begin earning sick leave on their first day of employment, but may not use if during the first 90 days of employment.
Paid sick leave can be used in increments of one (1) hour when the employee, their child, spouse, or parent(s) are sick, for a medical appointment, or to address the effects of domestic violence.
Employees must be paid their regular hourly wage for the sick wage, except for tipped employees who must be paid the State minimum wage.
Use of sick leave for purposes other than those listed above may result in disciplinary action.
Except in cases of emergencies, employees must notify their employer in advance of using the sick leave.
Employees who miss three (3) consecutive shifts or who are sick within the two (2) weeks prior to leaving a job may be required to provide medical documentation of their illness.
Employers may not retaliate against employees who use their earned sick leave.
