Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 33.00 - Earned Sick Time
Section 33.04 - Employer Size

Universal Citation: 940 MA Code of Regs 940.33

Current through Register 1518, March 29, 2024

(1) An employer must provide earned paid sick time to all eligible employees if the employer maintained an average of 11 or more employees on the payroll during the preceding benefit year.

Employers shall determine the average number of employees by counting the number of employees, including full time, part-time, seasonal, and temporary employees, on the payroll during each pay period and dividing by the number of pay periods. Employees furnished to an employer by a temporary staffing agency and paid by the staffing agency count as employees of both the staffing agency and the employer for the purpose of determining employer size.

(2) If an employer uses multiple start dates for the benefit year, such as dates based on employees' anniversaries of hire, the employer should calculate employer size based on the previous January 1 to December 31 calendar year.

(3) All of an employer's employees, including full-time, part-time, seasonal, and temporary employees, whether working in or outside Massachusetts and regardless of their eligibility to accrue and use earned sick time, shall be counted for the purpose of determining employer size.

(4) All employers with fewer than 11 employees must provide employees with the right to accrue and use up to 40 hours of earned unpaid sick time per benefit year.

(5) Employers shall notify all eligible employees at least 30 days in advance in writing if earned sick time will be changing from paid to unpaid or from unpaid to paid sick time based on a change in employer size.

(6) Earned sick time is paid when used, if the employer provided paid time when the employee accrued the time. Earned sick time is unpaid when used, if the employer provided unpaid time when the employee accrued the time.

(7) When an employee has both unused earned paid and unpaid sick time available for use, the employee has the option of using either or both to cover the use of earned sick time.

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