Failure To Pay Sick Time

As an employee, you have certain rights based on state laws. When it comes to sick leave days, the state of Massachusetts was the third in the United States to guarantee that employees have paid sick leave days. In 2015, a law was passed that applies to every employer in the state. However, there are exceptions. At Malonis Law Office, we understand the ins and outs of employment law and can help you file a claim if you were not provided paid sick leave when your employer has a legal obligation to do so. Let us help you better understand the process and file a claim if you have a right to compensation.

Who is Eligible?

Employers in the state who have 11 or more employees have to provide paid sick leave. Businesses with 10 or fewer employees must provide sick leave, but the time off is unpaid. Every employee of a covered employer is eligible for sick days, including full-time employees, part-time, temporary and seasonal help. The amount of sick leave an individual starts to accrue when an individual starts a new position. Sick leave cannot be used until an individual has worked for the employer for a 90-day time frame. When an individual leaves a position, the employer does not have to pay out the sick days accrued.

How Much Sick Leave is Provided?

In Massachusetts, employees can receive 40 hours maximum of sick leave a year. Sick leave is gained at a rate of one hour per every 30 hours that have been worked with the employer. An employee can carry over up to 40 hours of sick leave year to year. Employees are not required to use the sick leave by the end of the year.

Employers also have the option of providing the full 40 hours of sick leave to each employee beginning at the first of the year. In this case, an employee who is given 40 hours and does not use it will see their sick leave time expire.

How Can Sick Leave Be Used?

Sick leave hours can be used for several purposes. An individual can use sick leave when they have a health condition, or a family member is affected by a health condition. Sick leave can be used to attend medical visits for themselves or a family member.

Sick leave can also be used by the employee to deal with physical effects, psychological or legal effects of domestic violation against the individual or their child. A family member in each of these instances is considered the spouse, child, parent or parent-in-law of the individual.

If you feel that you meet the requirements for sick leave and your employer failed to offer these benefits to you, then you may have a compensation claim. Let our Massachusetts employment attorneys provide you with a consultation to determine what action you can take to seek payment for sick time that was unpaid.

Contact our office today to learn more or to schedule an appointment.