Massachusetts Earned Sick Time Law

Massachusetts Earned Sick Leave

Effective July 1, 2015, Massachusetts State law requires that all employees be entitled to earn paid sick leave. Under this law, employees are eligible for a minimum of one (1) hour of earned sick leave for every thirty (30) hours worked and can accrue and use up to forty (40) hours per calendar year.

Only the first 40 (forty) hours of sick leave (or time that could be used for sick leave) fall under the provisions of this law. Please work with your Human Resources Business Partner to address your questions about this law and its related policies.

Employees begin accruing sick leave on their date of hire (or July 1, 2015, whichever is later) and are eligible to use earned sick leave 90 days after their start date.

While Boston University already provides paid sick leave for most employees, the additional employee groups who will now be eligible for sick leave under the new law will include:

  • Temporary Employees (hired through BU Payroll)
  • Regular part-time staff working any percent time effort
  • Part-time Faculty
  • Faculty

Sick leave can be used to:

  • Care for the employee’s child, spouse, parent, or parent of a spouse, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care
  • Care for the employee’s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care
  • Attend the employee’s routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent, or parent of spouse
  • Address the psychological, physical or legal effects of domestic violence
  • Travel to and from an appointment, a pharmacy, or other location related to the purpose for which the time was taken.

When can documentation be requested?

An employee can be requested to provide documentation substantiating the use of earned sick if the leave:

  • Exceeds 24 consecutively scheduled work hours;
  • Exceeds 3 consecutive days on which the employee was scheduled to work; or
  • In cases when an employee has four (4) unforeseeable and undocumented absences within a 3-month period.

What type of documentation can be requested?

  • Any “reasonable documentation” signed by a healthcare provider will be deemed appropriate.
  • Documentation should not provide specific information about the nature of the illness or details of the domestic.
  • Employer cannot delay sick leave or sick leave pay while waiting for doctor’s note.

What type of notice is required?

Foreseeable or Multi-Day use

  • Managers may require up to seven days’ advance notice if the reason for earned sick time is for a pre-scheduled or foreseeable absence.
  • For multi-day absences, managers may require notification on a daily basis from the employee or the employee’s surrogate unless the circumstances make such notification infeasible.

Not Foreseeable

  • Employees must report this need as soon as is practicable and must comply with the department’s notification system or call-in procedure
  • If an employee is unable to provide notice personally, notice may be provided by the employee’s surrogate (e.g. spouse, adult family member or other responsible party).

Usage and Protection for Employees:

  • Employee is entitled to use earned sick leave in hourly increments.
  • Where an employee’s use of earned sick leave requires the University to hire a replacement or call in another employee, and the University does so, the employee may be required to use an equal number of hours as the replacement or call-in employee works, up to a full shift of earned sick leave.
  • Employers cannot interfere with or restrain employees’ use of sick leave.
  • Employers cannot take adverse action against employee for using sick leave or for supporting another employee’s right to sick leave.
  • Cannot discipline for protected MA sick leave.

Examples of adverse actions:

  • Denying use or delaying payment of earned sick leave;
  • Terminating an employee;
  • Taking away work hours;
  • Giving the employee undesirable assignments or schedule changes;
  • Giving false negative references for future employment;
  • Making false criminal reports to authorities about the employee;
  • Reporting an employee to immigration authorities; or
  • Threatening an employee with any of the above listed adverse actions

Sick Leave Abuse

  • An employee committing fraud or abuse by engaging in an activity that is not consistent with allowable purposes for earned sick time under M.G.L. c. 149, § 148C and the regulations promulgated thereunder may be subject to discipline for misuse of sick leave.
  • An employee who is exhibiting a clear pattern of taking leave on days just before or after a weekend, vacation, or holiday may be subject to discipline for misuse of earned sick time, unless the employee provides verification of authorized use under M.G.L. c. 149, § 148C.