May 23, 2022

Volume XII, Number 143

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May 20, 2022

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Massachusetts Earned Sick Time Law Becomes Effective July 1, 2015

The Massachusetts Earned Sick Time Law (Mass. Gen. Laws ch. 149, § 148C), approved by a statewide ballot question last fall, goes into effect July 1, 2015. As of July 1, 2015, all employers must comply with the statute. Applicable regulations promulgated by the Massachusetts Attorney General have also been issued.

Importantly, all employers operating in Massachusetts are subject to the law and all employees whose “primary place of work” is in Massachusetts are eligible for benefits. The new law generally calls for accrual of one hour of sick leave for every 30 hours worked for a maximum of 40 hours of sick leave per year.

Employers with 11 or more employees must provide paid leave. Employers with fewer than 11 employees are obligated to provide unpaid leave.

Employers need to pay close attention to this new law, as even employers who have generous sick time or paid time off (“PTO”) policies may find themselves not in compliance. The law has strict provisions regarding the rate of accrual, the rollover of time, qualifying circumstances, and increments of use. Additionally, employers must comply with the law’s notice and record keeping requirements.

An immediate priority for covered Massachusetts employers is to decide whether they will come into full compliance with the law immediately or take advantage of the law’s safe harbor provision for the remainder of 2015. Additionally, employers should post the notice required by the Attorney General’s Office as of July 1, 2015.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume V, Number 181
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About this Author

Terence McCourt, Greenberg Traurig Law Firm, Boston, Labor and Employment Litigation Attorney
Shareholder

Terence P. McCourt is Managing Shareholder of the Boston office and Chairman of its Labor & Employment Practice. He represents a broad range of organizations in all facets of management-side labor and employment law. During more than two decades of practice, Terry has gained a national reputation for his practical, solution-oriented approach to employment law issues.

With wide-ranging litigation experience, Terry handles diverse employment matters, including employment discrimination and wrongful termination cases in state and federal courts...

617-310-6246
Jack Gearan, Greenberg Traurig Law Firm, Boston, Education, Labor and Employment Litigation Attorney
Associate

Jack S. Gearan is a lawyer in the Boston office of Greenberg Traurig, LLP. He concentrates his practice in the areas of business litigation and employment law. Jack has experience in all phases of civil litigation including discovery, mediation, arbitration and trial.

Jack’s business litigation practice covers a variety of business torts, including misrepresentation, fraud, contract disputes, and claims under Massachusetts General Laws Chapter 93A – the Massachusetts unfair trade practices statute.

Jack also regularly...

617-310-5225
Justin Keith, Greenberg Traurig Law Firm, Boston, Labor and Employment Litigation Attorney
Associate

Justin F. Keith represents employers in all areas of labor and employment law—including litigation of discrimination, harassment and retaliation claims, reductions in force, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country

He is experienced with wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail,...

617-310-6230
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