Massachusetts Sick Leave Expanded to Include Pregnancy Loss and Other Reproductive Issues

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Effective November 21, Massachusetts employees will be permitted to use their sick time to “address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted reproduction, adoption or surrogacy.”

The enacting bill also restates existing law allowing employees to use sick time to attend routine medical appointments for the employee or their child, spouse, parent, or parent of their spouse and to address the psychological, physical, or legal effects of domestic violence. The Earned Sick Leave laws in Massachusetts state that employers must allow employees to accrue a minimum of 1 hour of sick time for every 30 hours worked, up to at least 40 hours per year.

The expansion is the latest in a trend of pregnancy related employment law protections, including the passage of the federal Pregnant Workers Fairness Act in 2023, which requires covered employers to provide reasonable accommodations for an employee or applicant’s known limitations related to pregnancy, childbirth, or related medical conditions.

Massachusetts employers should review and update their sick time policies and notify management and human resources professionals of the expansion to the existing law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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