Earned Sick Time

updated 2 May 2022

Since 1 July 2015, Massachusetts employees have the right to earn and take sick leave from work. Most employees qualify, regardless of immigration status. 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.

See the flyer at the bottom of this page for plain English summary of the law. Overview is available from the Attorney General, along with sample forms, sample policies, and flyers in multiple various languages. Full text of the regulation found here [PDF 15 pages].

There are very few exemptions to this law. They can be found listed in subsection B on page two [PDF 20 pages] of the FAQ.

If you are a worker and you are unsure how the Earned Sick Time law applies to your specific situation, you can call the Fair Labor Division with questions at 617-727-3456.
To file a complaint for unpaid sick time that you should have been paid start here.

REGULATORY AUTHORITY 940 CMR 33.00: M.G.L. c. 149, §148C