Massachusetts law requires non-exempt employers of 11 or more employees to provide such employees with one hour of paid sick leave for every 40 hours worked. Non-exempt employers with fewer than 11 employees must provide unpaid sick leave accrued at the rate of one hour per every 30 hours worked. Whether the employee qualifies for unpaid or paid sick leave, the cap on hours of sick leave that may be accrued or used is 40 hours. Sick leave can be applied to absences for routine medical care or for the physical or mental illness, injury, and medical conditions faced by the employee or their family member. Under Massachusetts sick leave laws, “family member” is defined as the employee’s spouse, parent of their spouse, or their biological or nonbiological child or parent. Sick leave can also be used to “address the psychological, physical or legal effects of domestic violence” committed against the employee or their dependent child.
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