Massachusetts law about sick leave

Laws, regulations, cases and web sources about sick time in Massachusetts.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Best bet

Earned sick time, Mass. Attorney General's Fair Labor Division.
Includes summary of the paid sick time law, sample policy and forms, and Frequently asked questions regarding employer’s carryover obligations, accrual, and use.

Earned sick time notice to employees

Massachusetts laws

Up to 40  hours per year

MGL c.149, §§ 148C and 148D 
Employees who work for employers having 11 or more employees may earn and use up to 40 hours of paid sick time per calendar year, while employees working for smaller employers may earn and use up to 40 hours of unpaid sick time per calendar year. Employees may earn 1 hour of sick time for every 30 hours they work.  All employees can earn sick time including part time, temporary, and seasonal employees.

Massachusetts regulations

940 CMR 33 Earned sick time
Includes more information about accrual, when and how to notify your employer, how to determine employer size, required documentation or doctors’ notes, retaliation, and more.

Selected cases

Air Transp. Ass'n of Am., Inc. v. Campbell, 2023 U.S. Dist. LEXIS 96216 (2023)
The Federal Airline Deregulation Act (49 U.S.C. § 41713(b)) preempts the state Earned Sick Time Law and therefore this law does not apply to the Air Transportation Association of America's Airlines' in-flight and ground employees.

Mui v. Massachusetts Port Authority, 478 Mass. 710 (2018)
Accrued, unused sick time does not count as "wages" under the Wage Act, MGL c.149, §§ 148 and 150, so accrued sick time is not paid to employee upon termination of their job.

CSX Transportation, Inc. v. Healey, 861 F. 3d 276 (2017)
The Railroad Unemployment Insurance Act, 45 USC § 351 (RUIA) takes precedence over state law MGL c.149, § 148C(c)(2) as applied to interstate rail carriers that employ workers in Massachusetts.

Web sources

Paid sick leave in Massachusetts, Nolo.com.
Explanation of sick leave laws, including eligibility, reasons for using sick time, and notice and documentation requirements.

Sick time, Mass. Legal Help, 2024.
An overview on sick time, when you can use sick time, how much you can use, employer proof and policies regarding sick time, and sick time if you are an independent contractor or public employee.

Print sources

Labor and employment in Massachusetts, LexisNexis, Section 2-2[j]: Massachusetts sick leave law, covers part-time, temporary, and full-time employees.

What to do about personnel problems In Massachusetts, BLR, S59-S68.3 Sick Leave.

Last updated:	March 11, 2024