Massachusetts Expands Sick Leave Requirement

Massachusetts has enacted legislation that will entitle employees to use sick leave to address the employee’s or their spouse’s needs related to pregnancy loss or a failed assisted reproduction, adoption or surrogacy. The change takes effect Nov. 21, 2024.

The Details

Under existing state law, employers with 11 or more employees must provide paid sick leave to employees. Employers with fewer than 11 employees must provide sick leave, but it does not need to be paid.

Employees are entitled to use sick leave if they are ill or injured or have a routine medical appointment. They can also use earned sick time for their child, spouse, parent, or spouse's parent for the same purposes. In addition, employees may use earned sick time to deal with domestic violence involving themselves or their children.

Beginning November 21, 2024, employees may also use sick leave to address the employee’s or their spouse’s needs related to pregnancy loss or a failed assisted reproduction, adoption or surrogacy.

Next Steps

Massachusetts employers should:

• Review policies and practices to ensure compliance with the change.
• Post an updated paid sick leave notice once published by the state.