Massachusetts Governor, Maura Healey, recently signed into law a new statute under broader legislation titled “An Act promoting access to midwifery care and out-of-hospital birth options” that entitles Massachusetts employees to earned sick time if the employee suffers a pregnancy loss or experiences a failed adoption, assisted reproduction, such as in vitro fertilization, or surrogacy.
Under section 148C of chapter 149 of the Massachusetts General Laws, all employees who work in Massachusetts and who must be absent from work for the reasons described below shall be entitled to earn and use a certain minimum number of hours of sick time. Prior to the adoption of the new law, these reasons were to enable the employee to:
(1) 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;
(2) 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;
(3) attend the employee’s routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent, or parent of spouse; or
(4) address the psychological, physical or legal effects of domestic violence.
Massachusetts amended section 148C to provide that earned sick time must also be available to covered employees to allow them 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.”
Covered employees accrue a minimum of one hour of earned sick time for every thirty hours worked. In general, if an employer has at least 11 employees (including full-time, part-time and temporary employees), their covered employees are entitled to earn and use up to 40 hours of earned paid sick time in a calendar year, whereas if an employer has less than 11 employees, their covered employees are entitled to earn and use up to 40 hours of earned unpaid sick time from the employer in a calendar year.
This law will become effective on November 21, 2024. Employers should review their policies to ensure that they are up-to-date and permit covered employees to use Massachusetts earned sick time if they experience such a loss or failure.