Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 33.00 - Earned Sick Time
Section 33.05 - Notice of Use of Earned Sick Time

Universal Citation: 940 MA Code of Regs 940.33

Current through Register 1518, March 29, 2024

(1) Employees must notify their employers before they use earned sick time, except in an emergency.

(a) Earned sick time cannot be used as an excuse to be late for work without an authorized purpose under M.G.L. c. 149, § 148C.

(b) For foreseeable or pre-scheduled use of earned sick time, the employer may have a written policy requiring up to seven days' notice, except where the employee learns of the need to use earned sick time within a shorter period.

(c) Notice required for unforeseeable absences is what is reasonable under the circumstances, recognizing that there are certain situations such as accidents or sudden illness for which advance notice might be infeasible.

(d) For multi-day absences, an employer may require notification of the expected duration of the leave or, if unknown, then on a daily basis from the employee or the employee's surrogate (e.g. spouse, adult family member or other responsible party), unless the circumstances make such notice unreasonable.

(2) An employer may require employees to use reasonable notification systems the employer creates, provided that the employees shall be allowed to communicate with the employer in a manner the employee customarily uses to communicate with the employer for absences or requesting leave.

(3) An employee may provide notice without explicitly referencing the of M.G.L. c. 149, § 148C, or 940 CMR 33.02: Earned Sick Time so long as the employer is on notice that the employee intends to use accrued time for a proper purpose.

(4) Employers may seek verification of authorized use from a parent or guardian if they have reasonable suspicion that an employee, younger than 18 years old, is misusing earned sick time, unless verification would create a health and safety risk or hardship to the employee.

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