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Labor, Employment and Employee Benefits

Legal Update

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Brian M. Casaceli

Labor, Employment and Employee Benefits Group


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Nicholas Anastasopoulos

Amanda M. Baer

Brian M. Casaceli

Hayley M. Cotter

Anthony P. DaSilva, Jr.

Ashlyn E. Dowd

Corey F. Higgins, Chair

Robert L. Kilroy

Brian H. Lamkin

Kimberly A. Rozak

Massiel L. Sanchez

Sharon P. Siegel

Jonathan R. Sigel

Marc L. Terry

Richard C. Van Nostrand

Reid M. Wakefield


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Cheryl A. Spakauskas

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Massachusetts Expands Permitted Uses of Earned Sick Time

As we approach the ten-year anniversary of the Commonwealth’s Earned Sick Time Law, Massachusetts employers covered by the law should be aware that the Massachusetts legislature recently expanded the reasons for which an employee can use statutory earned sick time.


Currently, employees may use earned sick time under the law for the following reasons:


  • to care for the employee’s child, spouse, parent, or parent of a spouse, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;


  •  to care for the employee’s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;


  • to attend a routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent, or parent of spouse;


  • to address the psychological, physical, or legal effects of domestic violence; and


  • to travel to and from an appointment, a pharmacy, or other location related to the purpose for which the time was taken.


Beginning on November 21, 2024, employees also may use 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 or a failed assisted reproduction, adoption or surrogacy.”


Before the November 21st effective date, employers should update their policies and procedures to ensure that employees have the right to use earned sick time for this new purpose.


Please contact any member of Mirick’s Labor, Employment, and Employee Benefits team for assistance or if you have any questions.  

This client alert is intended to inform you of developments in the law and to provide information of general interest. It is not intended to constitute legal advice regarding a client's specific legal issues and should not be relied upon as such. This client alert may be considered advertising under the rules of the Massachusetts Supreme Judicial Court. This client alert is for informational purposes only. It is not intended to be a solicitation or offer to provide products or service to any individual or entity, including to a "data subject" as that term is defined by the European Union General Data Protection Regulations. ©2024 Mirick, O'Connell, DeMallie & Lougee, LLP. All Rights Reserved.