Everything You Need to Know About Massachusetts Sick Leave Laws: Time Off Work
Sick leave laws are important to understand if you are an employee in Massachusetts. Here is everything you need to know about Massachusetts sick leave laws: time off work.
What Is Sick Leave?
Sick leave in Massachusetts may be used if an individual is ill, becomes injured, or has a routine medical appointment. If the employee has to care for another individual, sick time may also be used. In Massachusetts, employees must be allowed to accrue 40 hours of benefits per year if the employees work sufficient hours. While all employers must provide sick time for their employees, the number of employees and type of job determine if this time is paid or unpaid. There is no minimum amount of hours an individual must work for them to earn sick time in Massachusetts.
How Is a Sick Time Determined?
Employers may calculate the number of eligible days an employee has for sick/personal time in various ways. Some employees can accrue sick time as they work per hour while others may be provided with a lump sum on a monthly or yearly basis. To better understand sick leave laws at your place of employment, contact Her Lawyer.
Who Qualifies For Earned Sick Leave?
Many different types of employees may be eligible for sick leave. Most employees in Massachusetts are entitled to some sort of sick or personal time. Employees who do not qualify for sick leave include individuals who:
- Work for the federal government or city
- Work at a college or university where they are also a student
- Are school ages students covered by the individual with disabilities education act
- Are adult clients sign a Massachusetts licensed program
When Can An Employee Begin Using Earned Sick Time?
Employees in Massachusetts can begin using their sick time on the 90th calendar day after an employee starts working for the employer.
Can Employers Ask For Proof?
In most situations, employers are not permitted to ask for documentation of an employee taking a sick day however, if the employee is missing more than 3 consecutive days, then the employer may be within their rights to ask for a doctor’s note or other forms of proof.
Can Sick Days Be Transferred To The Following Year?
If an employee in Massachusetts collects their sick days or still has over 40 hours of unused sick leave by a new employment year, they are usually not allowed to have 80 in the next year. Employers are only required to provide 40 hours of earned sick time.
Related: What is Comparative Negligence?
Massachusetts Leave of Absence Laws
A leave of absence is when an employee takes time off of work if they are experiencing out-of-the-ordinary situations. This is not the same as paid time off or sick time. Massachusetts offers two options for individuals in need of a leave of absence. The family and medical leave act provide employees with 12 unpaid weeks of job-protected leave per year based on their situation. Likewise, the paid family medical leave program helps those in need of leave job protection and temporary income replacement for certain situations. If you need a leave of absence, contacting your company’s HR department is a good first step to see what you are eligible to receive.