© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 141 To travel to and from an appointment, pharmacy, or other location related to the purpose for which the statutory sick time was taken To address the employee’s or their spouse’s physical or mental health needs related to pregnancy loss or a failed assisted reproduction, adoption, or surrogacy828 Employees must be permitted to earn sick time at a rate of no less than one hour of sick time for every thirty hours worked, up to forty hours per year.829 Employees begin accruing sick time upon hire based on hours actually worked. Employees do not earn sick time during vacation or other paid time off.830 Employers may also provide sick time in a lump sum grant each month or year, provided that the amount of the lump sum grant is no less than one hour of sick time for every thirty hours worked.831 The governing regulations provide permissible schedules for providing such lump sum grants.832 Employers who adhere to such schedules will be in compliance with the ESTL even if an employee’s weekly hours fluctuate. At the end of the benefit year, employees may carry over up to forty hours of unused sick time to the next benefit year.833 Despite this carryover provision, employers need not permit employees to use more than forty hours of sick time per year. Indeed, if an employee’s reserve or “bank” of sick time reaches forty hours, employers may delay further accrual until the reserve of hours decreases through use.834 Employers who grant forty hours or more of sick time at the beginning of the benefit year, do not have to allow carry-over of sick time to the following calendar year. 828 This was added in 2024. See 2024 Mass. Acts ch. 184. 829 M.G.L. ch. 149, § 148C(d)(1). Employees who are exempt from the FLSA’s overtime requirements are assumed to work forty hours per week for purposes of the ESTL unless their normal workweek is less than forty hours per week, “in which case earned sick time shall accrue based on that normal work week.” M.G.L. ch. 149, § 148C(d)(3). 830 940 C.M.R. § 33.03(5). 831 See http://www.mass.gov/ago/docs/workplace/earned-sick-time/est-faqs.pdf (last visited Mar. 6, 2025) (“ESTL FAQs”). 832 For example, under the schedules, employees working an average of thirty-seven and a half hours to forty hours per month may be provided eight hours of sick time per month for five months. Employees who work an average of thirty hours per week may be provided five hours of sick time per month for eight months, and so on. 940 C.M.R. § 33.07(8). Employers who provide sick time pursuant to one of the specified lump sum schedules need not track accrual of sick time. Id. 833 940 C.M.R. § 33.03(10). Note, however, that if an employer provides sick time in a lump sum grant at the beginning of the benefit year, the employer need not allow employees to roll over any unused but accrued sick time. See ESTL FAQs, at 7. By contrast, employers who provide lump sum grants on a monthly basis must permit employees to roll over up to 40 hours of unused but accrued sick time. Id. Finally, an employer that provide unlimited sick time need not allow employees to carry over sick time from year to year. 940 C.M.R. § 33.07(6) In addition, employers may pay out to employees unused but accrued sick time at the end of the benefit year. 940 C.M.R. § 33.03(27). Employers that pay out sixteen or more hours to an employee must grant that employee a lump sum of sixteen hours of unpaid sick time to use until the employee accrues new paid sick time. Id. If employers pay out less than sixteen hours, they must provide unpaid sick time in an amount equal to the number of hours paid out. Id. 834 940 C.M.R. § 33.03(10).
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