Massachusetts Earned Sick Time Law (MGL c.149 § 148C)
Under MGL c.149 § 148C, covered employees accrue one hour of earned sick time for every 30 hours worked. Accrual begins on the first day of employment and continues throughout the accrual year.
Basic formula
Employer-size caps
The annual cap depends on employer size. Employers with 11 or more employees allow up to 40 hours per year. Employers with fewer than 11 employees apply a 40-hour cap. A more generous policy may exceed these limits.
When can leave be used?
Accrued leave may first be taken on the 90th calendar day of employment. Hours continue accruing during the waiting period; the balance shown here may not yet be legally available.
Carryover and year-end balance
Up to 40 hours of unused earned sick time carries forward to the next year. The carry-forward is capped at 40 hours. An employer may offer more generous carryover.
Leave payout at separation
Massachusetts Earned Sick Time Law does not require payout of unused earned sick time at separation. Unused hours are forfeited when employment ends unless a written employer policy provides otherwise.
What this calculator does not determine
- Whether an employer has 11 or more employees — this determines whether leave is paid or unpaid.
- Whether a particular worker is covered by MGL c.149 § 148C (certain workers are exempt).
- Whether an employer uses a compliant frontloading arrangement instead of per-hour accrual.
- Whether a specific absence qualifies as an authorized use of earned sick time.
- Whether a local ordinance or employer policy provides greater benefits.
Worked examples
Example 1: employer with 11 or more employees, standard pay period
Example 2: full year of full-time work, cap applies
Sources and verification
The accrual ratio, 40-hour annual cap, 90-day waiting period, and paid/unpaid employer-size distinction are sourced from MGL c.149 § 148C and the Massachusetts EOLWD Earned Sick Time page, verified August 2026. See the site's methodology for how rules become tested calculator logic.