By Samantha Halem, Alicia Ward November 18, 2024
Effective November 21, 2024, employees with a primary place of employment in Massachusetts may use earned sick time to address their own physical and mental health needs, as well as those of their spouse, in the event of pregnancy loss or a failed assisted reproduction, adoption, or surrogacy.
Under the Massachusetts Earned Sick Time Act, employees are entitled to up to 40 hours of earned sick time per year, either frontloaded or accrued at a rate of one hour for every 30 hours worked. If the employer has more than 11 employees, this time must be paid; for employers with fewer than 11 employees, it may be unpaid. As a reminder, employer size is determined by including all locations, even outside of Massachusetts or the U.S. Employees may use their earned sick time for a variety of reasons, including:
1. To care for their own physical or mental health needs, including illness, injury, or medical conditions requiring home, preventive, or professional care.
2. To care for a child, spouse, or parent of a spouse who is experiencing illness, injury, or a medical condition requiring similar care.
3. To attend medical or dental appointments for themselves, their child, parent, spouse, or parent-in-law.
4. To address the psychological, physical, or legal consequences of domestic violence.
5. To travel to and from medical, pharmacy, or other appointments related to sick time use.
6. NEW 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 or a failed assisted reproduction, adoption or surrogacy.
The new provision, which adds coverage for fertility-related losses, is part of the “An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options.” The inclusion of leave for pregnancy loss and fertility treatment failures reflects an ongoing trend toward expanding leave protections, with many states and employers now offering specific leave for these circumstances (such as “compassionate leave”). Employers should update policies and procedures, inform employees about this update, and train Human Resources professionals and management regarding the same.
Please reach out to your HRW lawyer with any questions about this development or any other updates that your employee handbooks may require.
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