Employer Alert: Massachusetts Expands Use of Sick Time / Updates Paid Family and Medical Leave

October 29, 2024

Maternal Health Bill Expands Uses of Earned Sick Time

On August 23, 2024, Governor Healey signed into law an Act “Promoting access to midwifery care and out-of-hospital birth options” which expands the permissible use of earned sick time under the Massachusetts Earned Sick Time Law. The law applies to most employees whose primary place of work is in Massachusetts.

Starting November 21, 2024, employees who work in Massachusetts will be allowed to use earned sick time to “address an 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,” in addition to the current permitted uses of earned sick time.

The expansion is the latest development in a national trend toward expanding employment protections for workers with pregnancy-related conditions, as reflected in the federal PUMP Act and the Equal Employment Opportunity Commission’s (“EEOC”) final rule clarifying the Pregnancy Workers Fairness Act.

Updates to Paid Family and Medical Leave

The Massachusetts Executive Office of Labor and Workforce Development also recently announced an update to Massachusetts Paid Family and Medical Leave (“PFML”).

Starting in 2025, the maximum weekly employee benefit will increase to $1,170.64. Although the weekly benefit amount is increasing, the total contribution rate for employers will remain the same at 0.88% for employers with 25 or more covered individuals, and 0.46% for employers with fewer than 25 covered individuals. 

Additionally, on September 13, 2024 the Massachusetts Supreme Judicial Court (“SJC”) held in Bodge  v. Commonwealth, that employers are not required to allow employees to continue accruing benefits, such as vacation, sick time, and length-of-service credit, while on PFML. 

What Can Employers Do to Ensure Compliance?

Employers should review and update their sick time policies to ensure that they cover absences due to the employee’s own physical and mental health needs, and those of the employee’s spouse, if either experiences pregnancy loss or a failed assisted reproduction; adoption; or surrogacy, and should inform their managers and human resources about these expanded uses.

For further information about the expanded use of sick time and changes to PFML, contact Allyson E. Kurker and Margaret H. Paget at Kurker Paget LLC.