Beginning July 1, 2015 Massachusetts employees have the right to take up to 40 hours of paid sick leave each calendar year under the Massachusetts paid sick leave law. On November 5, 2014 Massachusetts voters passed a law that requires all employers with more than 10 workers to provide paid sick leave. Nationwide, up to 67% of employees in the bottom 25% pay scale, do not have paid sick leave.
The Massachusetts Executive Office of Labor and Workforce Development is expected to issue comprehensive regulations in early 2015, so stay tuned for further developments. Under the new MA Paid Sick Leave law, employers that already provide at least 40 hours of paid leave (sick leave, vacation leave or paid time off) are not required to offer additional benefits.
However, employers are required to allow employees to use this leave on an impromptu or unscheduled basis, for a variety of reasons. Those reasons include time off when the employee has a physical or mental illness, injury or medical attention. Employees are also entitled to time off to care for a child, spouse or parent who is ill. The law also covers time off to care for a spouse’s parents, usually referred to as a mother-in-law or father-in-law. Leave for routine medical appointments is required on the same basis. In addition, Massachusetts employees who have not accrued or earned paid leave may be entitled to unpaid leave under the law.
The Massachusetts paid sick leave law specifically permits employees to take time off to address the effects of domestic violence against the employee or the employee’s dependent child. When possible, employees should inform the employer of the need for leave in advance. However, the law specifically prohibits employers from retaliating against employees who take time off under the law.
