New England Biz Law Update
As of Nov. 21, 2024, the Massachusetts Earned Sick Time Law requires employers to allow employees to use earned sick time to address physical and mental health needs following a pregnancy loss or unsuccessful attempts at assisted reproduction, adoption, or surrogacy.
The change expands the previous scope of the law.
Understanding the law
First enacted in July 2015, the Earned Sick Time Law mandates that employees acquire up to 40 hours of sick leave annually. Employees earn a minimum of one hour of sick leave for every 30 hours worked. For companies with 11 or more employees, this sick leave must be paid, while smaller organizations can offer earned sick time on an unpaid basis.
Historically, the law allowed the use of accrued time off for personal or family-related mental and physical health issues, routine medical appointments, or to cope with domestic violence. Now, with the added protections, employees can explicitly address their health needs stemming from pregnancy loss or failed family-building efforts.
A wider scope of coverage
The recent amendment adds a layer of support, acknowledging the psychological and physical impact of reproductive challenges. While some employees may have already been eligible for reproductive-related sick leave under the original law, the update ensures this coverage.
The extension covers failed in vitro fertilization or adoption and allows employees to attend to their needs or their spouse’s needs after these events.
Broader trends in leave for pregnancy loss
Massachusetts’ initiative reflects a broader trend nationwide toward acknowledging and providing time off for reproductive losses, including failed adoption, surrogacy, and assisted reproduction. States such as California, Illinois, Colorado, and Minnesota have passed related changes to bereavement and/or sick leave laws.
