REQUIRED SICK TIME FOR EMPLOYEES LAW

By Timothy K. Cutler, Esq.

 

Effective July 1, 2015 all Massachusetts employers must provide up to forty (40) hours per year in sick time for each employee (full-time, part-time and temporary). Earned sick time may be used for the care of an employee’s child; spouse; parent; for an employee’s own physical and mental health; to attend medical appointments; and/or to address domestic violence issues.

For every thirty (30) hours worked, an employee earns one hour of sick time, up to forty (40) hours a year. Although earned sick time can be transferred from year to year, no employee can take more than forty (40) hours per year in sick time under this law. If an employer has eleven (11) or more employees, the sick time is required to be paid time off. If an employer has less than eleven (11) employees, the sick time must be allowed, but it is not required to be paid time off. In determining the number of employees, full-time, part-time and temporary employees must be included.

An employer may require a certification from a healthcare provider certifying that the employee’s illness was bona fied.

Upon termination of an employee, unused sick time is not payable as unpaid wages.