Massachusetts Expands Earned Sick Time Law For Reproductive Loss Events

Written by Erica Honig, J.D., Senior Compliance Director, Employee Benefits | Nov 1, 2024 3:21:38 PM

Summary: Massachusetts Governor Maura Healey signed legislation on August 23, 2024^[1], that, among other items, expands the qualifying reasons under the Massachusetts (MA) earned sick time law to include reproductive-related loss events, effective November 21, 2024.

The MA earned sick time law expansion allows an employee working in Massachusetts to use their MA earned sick time to address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences:

pregnancy loss,
failed assisted reproduction,
failed adoption, or
failed surrogacy.

Read on for more information.

Massachusetts Earned Sick Time Law Overview

The table below captures the major provisions of the MA earned sick time law, which became effective in 2015:

MA Earned Sick Time Law Provision	Requirement
Eligible Employees	All employees working in Massachusetts.
Covered Employers	All employers in Massachusetts are required to comply, however, the paid leave requirement only applies to employers with 11 or more employees.
Qualifying Reasons	Employee may use MA earned sick time to Care for a physical or mental illness, injury or medical condition impacting the employee or employee’s family member, Attend routine medical appointments of the employee or employee’s family member, Address the effects of domestic violence on the employee or his or her dependent child; and Address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted reproduction, adoption or surrogacy. (Effective November 21, 2024). *Family member includes the employee’s child, spouse, parent, or spouse's parent
Accrual & Use Limits	Employers with 11 or more employees: one hour of *paid* sick time for every 30 hours worked. Employers with fewer than 11 employees: one hour of *unpaid* sick time for every 30 hours worked.* Employers may limit employee sick time accruals and use to 40 hours per year. An employer may choose any consecutive 12-month period for its “calendar year.” * These small employers may, but are not required to, provide the sick time as paid.
Waiting Period	Employers may prohibit the use of earned sick time until a new employee’s 90^th calendar day of employment.
Frontloading & Carryover Rules	Frontloading permitted. If an employee is provided earned sick time in a lump sum allocation of at least 40 hours at the beginning of each benefit year, the employer is not obligated to allow an employee to carry over unused earned sick time into the next year. If an employee is provided earned sick time via accrual, the employee must be permitted to carry over up to 40 hours of unused earned sick time to the next year. An employer is allowed to offer an employee a payout of unused earned sick time at the end of the benefit year under certain rules.
Payout Upon Termination	Employers are not required to pay out unused earned sick time when an employee leaves, but may do so voluntarily.
Employee Notice & Documentation	Except for emergencies, employees must notify their employer prior to use of MA earned sick time. Employers are permitted to request a doctor's note or other documentation only in limited circumstances, such as when an employee misses more than three consecutive workdays. Employers are not allowed to ask for information about the illness or the details of the domestic violence.
Employee Protections	An employer may not interfere with an employee’s right to use earned sick time and may not retaliate against any employee who requests to use earned sick time.
Posting	MA earned sick time poster must be conspicuously posted in a place accessible to employees. Click here for the model poster in English and other languages. Employers are required to include the employer’s sick time policy in an employee handbook. Click here for a sample MA earned sick time policy.

Enhanced Laws for Pregnant Employees

This new Massachusetts earned sick time law expansion for reproductive-related losses is part of a growing trend of new, or enhanced, laws providing workplace accommodations and protections for pregnant employees. Other states have already jumped on this bandwagon, including:

California requires employers with five or more employees to provide eligible employees with up to five days of leave for the same qualifying reproductive loss-related reasons as Massachusetts. Click here for a Risk Strategies article with more information.
New York will be the first state in the nation to mandate paid prenatal leave for employees, starting in 2025. Click here for a Risk Strategies article with more information.
Illinois requires employers with 50 or more employees to provide eligible employees with up to two weeks of unpaid bereavement leave for the same qualifying reproductive loss-related reasons as Massachusetts, in addition to a diagnosis that negatively impacts pregnancy or fertility. Click here for the Illinois Family Bereavement Leave Act FAQs for more information.

On a federal level, the Consolidated Appropriations Act, 2023, signed into law on Dec. 29, 2022, adopted two new laws, one titled the "Pregnant Workers Fairness Act (PWFA)" and the other titled the "Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)":

The Pregnant Workers Fairness Act (PWFA) expands upon existing protections against pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and access to reasonable accommodations under the Americans with Disabilities Act. The PWFA requires employers with 15 or more employees to provide reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, including stillbirth and miscarriage. Click here for a Risk Strategies article with more details regarding the PWFA Final Rule, which became effective on June 18, 2024.
The PUMP Act protects the rights of employees to pump breast milk at work. Click here for a Risk Strategies article with more information regarding the PUMP Act.

Employer Next Steps

Employers with employees working in Massachusetts are advised to take note of the November 21, 2024, effective date for the expansion of reproductive-related loss events under the MA earned sick time law, and take the following steps:

Update employee handbooks and leave policies accordingly.
Train managers and supervisors on this new expansion under the MA earned sick time law requirement.
Monitor the MA earned sick time webpage for updated required postings to display.

Risk Strategies continues to closely follow state leave developments and provide updates when available. Contact us directly with any questions at benefits@risk-strategies.com.

[1] This legislation, titled “An Act promoting access to midwifery care and out-of-hospital birth options,” also expands coverage for midwifery, birth centers, doulas, and screening and treatment for postpartum depression in Massachusetts.

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