When employers create a probationary period for new hires, the idea is simple. It gives the employee time to prove themselves before certain benefits begin.
But in Massachusetts, earned sick time is treated differently under state law. Most employees begin accruing earned sick time on their first day of work, even if they are still in a probationary period.
And surprisingly, many employee handbooks get this wrong.
If your handbook says employees cannot use sick time during a long probationary period, such as the first six months of employment, that policy may conflict with Massachusetts law.
What Massachusetts Law Requires
Massachusetts law generally requires employers to allow employees whose primary place of work is in Massachusetts to accrue earned sick time. This includes full-time, part-time, seasonal, temporary, and per-diem employees.
Employees earn at least one hour of earned sick time for every 30 hours worked, up to 40 hours in a benefit year.
Employers may require employees to wait up to 90 calendar days from the start of employment before using earned sick time. After that point, employees must be permitted to use the sick time they have accrued.
That means a handbook policy that says employees cannot use sick time for the first six months of employment may conflict with Massachusetts Earned Sick Time Law because employees must be allowed to begin using their accrued sick time after 90 days.
Employers can design their own PTO or vacation policies, but those policies must provide at least the protections required under Massachusetts Earned Sick Time Law.
Employers with 11 or more employees must provide paid sick time, while employers with 10 or fewer employees must still allow employees to earn and use sick time, although it may be unpaid.
Another Common Problem: Outdated Handbooks
A frequent issue we often see when reviewing employee handbooks is that the policies simply have not kept up with changes in the law.
Massachusetts has expanded the reasons employees can use earned sick time. Employees can use it for situations such as:
- Caring for their own physical or mental illness, injury, or medical condition
- Attending routine medical appointments for themselves or a family member
- Caring for a child, spouse, parent, or parent of a spouse who is ill or has a medical appointment
- Addressing the psychological, physical, or legal effects of domestic violence involving the employee or the employee’s child
More recently, Massachusetts expanded workplace protections related to reproductive loss. These changes can affect how employers think about leave policies and what is reflected in their employee handbook.
Under Massachusetts law, employees may use earned sick time for their own physical or mental health needs. This can include recovery or medical care related to pregnancy loss or complications connected to reproductive health.
In addition, Massachusetts enacted a separate law that requires many employers to provide up to 10 business days of leave following a reproductive loss event, such as:
- Pregnancy loss
- A failed assisted reproduction procedure, such as IVF
- A failed adoption
- A failed surrogacy arrangement
This leave can apply to the employee or the employee’s spouse.
Because these protections were added recently, many employee handbooks have not yet been updated to reflect them.
Why This Matters
Your employee handbook is more than just a guide for your team. It is often one of the first documents reviewed if a workplace issue or complaint comes up.
Policies that restrict legally protected sick leave, exclude required protections, or discourage employees from using their earned sick time can create compliance problems. The Massachusetts Attorney General’s Office is responsible for enforcing the state’s earned sick time law.
In most cases, employers are not trying to break the law. The handbook could have been written years ago and may not have been updated as the rules changed.
CommPayHR Offers a Simple Step That Can Reduce Risk
Most handbook mistakes we see are not intentional. The rules change and businesses get busy. That’s where having an experienced HR partner can make a difference. At Commonwealth Payroll & HR, our team works directly with employers to review policies, answer questions, and make sure their handbooks reflect current law so they can stay focused on running their business. We offer clients access to our Smart Employee Handbook Builder that can help you quickly create a compliant, downloadable handbook in just minutes.
If you aren’t sure whether your handbook is up to date or if your policies aren’t compliant with state or federal laws, share a few details with us and a member of our HR team will reach out to discuss how we can help.
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