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Can you give me the Massachusetts law on sick and personal…

Customer Question
Can you give me...

Can you give me the Massachusetts law on sick and personal time that an employer has to give an employee . the company has 21 full time employees and they have a handbook policy that states 3 sick days and two personal days in a calendar year. do they have to give more sick time ? can an employee in Massachusetts limit the amount of sick and personal time? is there a set amount of time that needs to be given

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will and full time

Submitted: 10 months ago.Category: Employment Law
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Answered in 7 minutes by:
10/5/2017
Employment Lawyer: Lucy, Esq., Lawyer replied 10 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Massachusetts law requires employers with 11 or more employees to provide paid sick leave for employees. Sick time must accrue at a rate of at least one hour per every thirty worked. An employer can give more sick time than that, but not less. The typical work schedule for most full-time employees is 2,080 hours per year, which means 3 sick days a year does not meet these requirements.

An employer may not require a doctor's note unless an employee misses at least 3 days, but employees can be required to fill out a form stating that they're not using the sick time for an improper purpose. An employee can choose not to take sick or personal days off, but they wouldn't have the ability to change state law or an employer's policy.

Here is more information:

http://www.mass.gov/ago/doing-business-in-massachusetts/workplace-rights/leave-time/earned-sick-time.html

There is no state or federal law that requires employers to give paid time off other than sick leave. However, when an employer does give paid time off, it must be given equally to all employees who meet the requirements (e.g,. all full-time employees or all management-level employees) to avoid discrimination. Earned paid days off pursuant to a company policy must be paid out to an employee upon leaving as accrued wages.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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