(Last Updated On: November 20, 2024)
Effective Nov. 21, 2024, eligible employees may use earned sick time under the Massachusetts Earned Sick Time Law to address the employee’s or the employee’s spouse’s physical or mental health needs related to pregnancy loss or an unsuccessful assisted reproduction, adoption, or surrogacy. This amendment is part of An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options (the Act), which in addition to amending the Massachusetts Earned Sick Time Law, also provides access and coverage for midwifery, doulas, birth centers, and other birth-related care. Massachusetts joins California, Colorado, Illinois and Minnesota in enacting legislation that addresses these issues.
Expansion of Qualifying Conditions Under the Act
Beginning Nov. 21, 2024, eligible employees may use earned sick time under the Act to deal with the physical or mental effects of their own or their spouse’s pregnancy loss, or unsuccessful assisted reproduction (such as IVF or IUI), adoption, or surrogacy. While the earlier version of the Act encompassed some of these conditions, the Act now explicitly expands support for employees and their spouses undergoing pregnancy loss or unsuccessful assisted reproduction, adoption or surrogacy.
Earned Sick Time Law Otherwise Unchanged
Under the existing law, employees are entitled to up to 40 hours of job-protected, earned sick time per year. Employers can comply with the law by either front loading the sick time into an employee’s “bank” or by using the accrual method. Employers with fewer than 11 employees do not need to pay employees for the time used, but for those with 11 or more employees, the earned sick time must be paid. Employees may use earned sick time for a variety of reasons, including:
- caring for themself, their child, spouse, parent, or spouse’s parent because of a physical or mental illness, injury, or condition that requires home care, professional medical diagnosis or care, or preventive medical care
- going to a routine medical appointment for themself, their child, spouse, parent, or spouse’s parent
- dealing with the mental, physical or legal effects of domestic violence
- traveling to and from an appointment, pharmacy, or other related location
Next Steps
Employers should take proactive steps to ensure compliance with the amended Earned Sick Time Law, including:
- Reviewing existing policies and procedures related to earned sick time and updating them as needed,
- Training human resources personnel and management on the specifics of new law, and how to address requests for earned sick time under its expanded provisions.
- Informing employees of the new law and other support available as appropriate.
Employees should take comfort in knowing that the Legislature has made explicit that employees suffering from the mental or physical effects of their own or their spouse’s pregnancy loss or an unsuccessful assisted reproduction, adoption, or surrogacy may be able to take job-protected leave from work under the new law.
Unsure if your company is in compliance? Contact Rodman Employment Law to learn more about the expanded protections under the Act.
