MA Earned Sick Time Law
Every MA employee earns 1 hour per 30 worked, up to 40/year. Paid for employers with 11+; unpaid for smaller employers (still must allow it).
What it is
Massachusetts Earned Sick Time Law (M.G.L. c. 149, §148C) — passed by ballot initiative in 2014, effective 2015 — entitles all Massachusetts employees to earn sick time. It applies in addition to the federal FMLA (for larger employers) and MA Paid Family and Medical Leave (PFML).
Who it applies to
All Massachusetts employees — including part-time, temporary, and seasonal workers — regardless of immigration status. The 'paid vs unpaid' distinction depends on employer size as measured by total employees in the workforce (worldwide, not just MA-based):
• 11+ employees → must provide PAID earned sick time
• Fewer than 11 → must allow employees to earn unpaid sick time (still job-protected)
What compliance looks like
- Accrual. 1 hour for every 30 worked, starting day 1. Up to 40 hours per benefit year.
- Usage. Can be used after the 90th day of employment. In increments down to 1 hour (some flexibility for shorter increments per employer policy).
- Carryover. Up to 40 hours of accrued unused time carries over. Total balance cannot exceed 40 at any time.
- Acceptable uses. Employee's or family member's medical or mental health condition; preventive care; addressing impacts of domestic violence; or to attend medical appointments.
- Family members. Defined broadly: child, spouse, parent, sibling, parent-in-law, grandchild, grandparent.
- Notice. Employer can require up to 7 days advance for foreseeable; reasonable notice 'as soon as practicable' for unforeseen.
- Posting. Post the official MA Earned Sick Time notice in the workplace and provide to each new hire in writing.
- Records. Maintain accrual + usage for 3 years.
Penalties for non-compliance
Denial of accrued sick time: back wages + treble damages (mandatory) + attorney fees.
Retaliation: same plus reinstatement + emotional distress damages.
Failure to provide notice or post poster: penalties under MA AG Wage and Hour Division discretion.
Failure to keep records: presumption shifts to the employee in any dispute (i.e., the employee's records are presumed correct).
Like §152A, MA AG enforces aggressively. The treble-damages structure makes these cases lucrative to litigate.
How Panko helps
Panko's Boston Pro Tips highlight MA AG enforcement waves and any updates to the Earned Sick Time regulations. The 2024 amendments (which expanded family-member definitions) caught a lot of MA operators off-guard — Pro members got a push the morning the new guidance dropped.
Sources
Pro members get a push the moment this rule changes — new rate, new guidance, new court ruling. Plus city-specific Pro Tips that flag the compliance windows that matter for your operation.
Panko Alerts publishes this as compliance reference, not legal advice. Laws change. Penalties listed are statutory maximums — actual enforcement varies. Consult an employment lawyer or your state DOL before acting on edge cases.