HomeMy Public PortalAboutEarned Sick Time - Notice of Employee Rights - 2016EARNED SICK TIME
Notice of Employee Rights
Beginning July 1, 2015, Massachusetts employees have the right to earn and take sick leave from work.
WHO QUALIFIES?
All employees in Massachusetts
can earn sick time.
This includes full-time, part-time,
temporary, and seasonal employees.
HOW IS IT EARNED?
Employees earn 1 hour of sick time for every
30 hours they work.
Employees can earn and use up to 40 hours per year
if they work enough hours.
Employees with unused earned sick time at the end of
the year can rollover up to 40 hours.
Employees begin earning sick time on their first day
of work and may begin using earned sick time 90 days
after starting work.
WILL IT BE PAID?
If an employer has 11 or more employees,
sick time must be paid.
For employers with 10 or fewer employees,
sick time may be unpaid.
Paid sick time must be paid on the same
schedule and at the same rate as regular wages.
WHEN CAN IT BE USED?
An employee can use sick time when the employee
or the employee's child, spouse, parent, or parent of
a spouse is sick, has a medical appointment, or has to
address the effects of domestic violence.
The smallest amount of sick time an employee can
take is one hour.
Sick time cannot be used as an excuse to be late for
work without advance notice of a proper use.
Use of sick time for other purposes is not allowed
and may result in an employee being disciplined.
CAN AN EMPLOYER HAVE A DIFFERENT POLICY?
Yes. Employers may have their own sick leave or paid time off policy, so long as employees can use at least the
same amount of time, for the same reasons, and with the same job -protections as under the Earned Sick Time Law.
RETALIATION
Employees using earned sick time cannnot be fired
or otherwise retaliated against for exercising or
attempting to exercise rights under the law.
Examples of retaliation include: denying use or
delaying payment of earned sick time, firing an
employee, taking away work hours, or giving the
employee undesirable assignments.
NOTICE & VERIFICATION
t.. Employees must notify their employer
before they use sick time, except in a emergency.
0 Employers may require employees to use a
reasonable notification system the employer creates.
If an employee is out of work for 3 consecutive days
OR uses sick time within 2 weeks of leaving his or her
job, an employer may require documentation from a
medical provider.
DO YOU HAVE QUESTIONS?
CaII the Fair Labor Division at 617-727-3465 Visit www.mass.gov/ago/earnedsicktime
Commonwealth of Massachusetts
Office of the Attorney General
English - July 2016
The Attorney General enforces the Earned Sick Time Law and regulations.
It is unlawful to violate any provision of the Earned Sick Time Law.
Violations of any provision of the Earned Sick time law, M.G.L. c. 149, §148C, or these regulations, 940 CMR 33.00
shall be subject to paragraphs (1), (2), (4), (6) and (7) of subsection (b) of M.G.L. c. 149, §27C(b) and to § 150.
This notice is intended to inform.
Full text of the law and regulations are available at www.mass.gov/ago/earnedsicktime.