Massachusetts · Paid Leave · Updated April 2026

MA Earned Sick Time: 1 hr per 30 worked. Paid at 11+ employees.

Massachusetts's Earned Sick Time law (MGL c. 149 § 148C) is one of the most worker-protective in the country. Workers accrue 1 hour of sick time for every 30 hours worked, up to 40 hours per year. Employers with 11 or more employees must provide it as paid leave; employers with 10 or fewer must provide unpaid leave with the same accrual and use rights. Workers can use leave starting on day 91 of employment. 2024 expansion (Bodge & others v. Commonwealth) added qualifying reasons: domestic violence affecting employee or child, pregnancy loss, failed assistive reproduction, adoption, or surrogacy. Enforced by the Attorney General's Fair Labor Division with treble damages exposure.

Accrual
1 hr / 30 worked
Annual cap
40 hours
Paid threshold
11+ employees
Active

Earned Sick Time Workflow

Accrues 1 hour per 30 worked. Validates 11-employee paid/unpaid threshold per workforce. Tracks 2024 expansion qualifying reasons. Surfaces retaliation patterns. Enforces 90-day waiting period.

Surface ESL balance on every paystub
Warn on retaliation pattern
Apply 11-employee paid/unpaid threshold
Always running

What those rules do as ESL accrues and is used.

The hero card configuration: Flag on balance display, Avoid on retaliation patterns, Critical on threshold transitions.

Flag · ESL balance on every paystub

Every paystub displays the worker's ESL accrual since last notice, usage, and current balance — satisfying MGL c. 149 § 148C(d)(2) notice requirements automatically.

Avoid · retaliation pattern detection

When a worker uses ESL and within 30 days experiences any of: hours cut by 20%+, schedule reassignment, written discipline, attendance points (illegal under ESL), Teambridge surfaces an Avoid indicator.

Critical · 11-employee paid threshold

When the workforce crosses the 11-employee threshold, ESL converts from unpaid to paid. The transition surfaces as Critical with the effective date and a transition workflow to update accrual handling.

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The rule, plainly stated

1 hour per 30, paid at 11 employees, broad use cases.

Massachusetts ESL is one of the broadest paid sick leave programs in the country, both in accrual and qualifying reasons. The 2024 Bodge ruling and amendments expanded it further.

MGL c. 149 § 148C; 940 CMR 33: Each employee shall accrue earned sick time at a minimum rate of one hour for every thirty hours worked. Earned sick time begins to accrue commencing with the date of hire and an employee may begin to use earned sick time on the ninetieth calendar day after commencement of employment. An employer with 11 or more employees shall provide paid earned sick time; an employer with 10 or fewer employees shall provide unpaid earned sick time.

Accrual at 1 hour per 30 worked

Workers accrue 1 hour of ESL for every 30 hours worked, starting day one of employment. This is more generous than Washington (1 per 40) and matches California, New York, and many other state PSL programs. The 30-hour ratio applies regardless of full-time, part-time, or seasonal status.

11-employee paid/unpaid threshold

The 11-employee threshold is calculated by averaging the workforce across the prior calendar year (all worker types — full-time, part-time, seasonal). 11+ employees triggers paid ESL; 10 or fewer requires unpaid leave with same accrual and use rights. The threshold counts all employees regardless of where they work; primary place of work matters for individual eligibility but not for threshold calculation.

On autopilot

Teambridge runs accrual, threshold, and retaliation detection.

MA ESL is operationally similar to Washington's state PSL but with a different threshold (11+ for paid vs WA's 90-day waiting period). The 2024 expanded reasons add scenarios that legacy systems often miss.

01 · Per-shift accrual

1 hour per 30 worked.

Every clock-out triggers accrual: hours worked since last clock-out × (1/30) added to ESL balance. Accrual continues regardless of usage cap; balance accumulates over time.

02 · Workforce threshold tracking

11-employee transition.

Teambridge tracks total workforce count across all locations using prior-year average. Crossings (10 → 11 or 11 → 10) trigger transitions in ESL paid/unpaid status with effective dates.

03 · 2024 reason expansion

DV, pregnancy loss, surrogacy.

When workers request ESL for the new qualifying reasons (domestic violence, pregnancy loss, failed assistive reproduction, adoption, surrogacy), the request validates against the expanded list. No documentation requirement for reasons — workers self-attest.

04 · Retaliation pattern detection

30-day post-use surveillance.

After ESL use, Teambridge monitors for adverse actions within 30 days: hours cut, schedule changes, written discipline, attendance points. Patterns surface as Avoid for compliance review.

Free · No commitment

Still evaluating? Get a free Massachusetts compliance audit.

Send us your existing Massachusetts scheduling and pay configuration. Our compliance team returns a written audit within 5 business days — every Massachusetts-specific exposure ranked by risk and back-pay liability.

FAQ

People also ask.

How much sick time do MA employees earn?
1 hour for every 30 hours worked, up to 40 hours per benefit year. Employers with 11+ employees must provide as paid leave; employers with 10 or fewer must provide same accrual as unpaid leave.
How is the 11-employee threshold calculated?
Average across the prior calendar year, including full-time, part-time, and seasonal workers. The count includes all workers regardless of where they work — but only workers with Massachusetts as primary place of work are individually eligible for ESL.
When can workers start using ESL?
Day 91 of employment. Accrual begins day 1 but usage requires the 90-day vesting period. Rehires within 12 months count prior service toward the 90-day clock.
What can ESL be used for?
Worker's own illness or injury, family member's illness, doctor visits, preventive care, court appearances for DV/sexual assault, and (added in 2024) domestic violence, pregnancy loss, failed assistive reproduction, adoption, surrogacy.
Can ESL be carried over?
Yes — at year-end, up to 40 hours of unused ESL must carry forward. Employers cannot reduce balances below 40 hours via use-it-or-lose-it. Frontloaded employers can reset to 40 each year without carryover (workers get 40 fresh).
Are attendance points illegal under ESL?
Yes — attendance-point systems that include ESL absences are illegal, even if the policy is facially neutral. Pattern violations trigger AGO Fair Labor Division action with reinstatement, back pay, and § 150 treble damages on lost wages.
How does Teambridge handle this?
Per-shift accrual at 1 per 30. Balance displays on every paystub. 11-employee threshold tracked with transition workflow. 2024 expanded reasons recognized in leave requests. Retaliation pattern detection runs 30 days post-use.