Earned sick leave statute now allows time off for fertility, reproduction-related issues

The Massachusetts Earned Sick Leave Act was recently amended. Effective November 21, 2024, employers must allow employees to take protected time off under the Act to address their own or their spouse’s physical or mental health needs related to pregnancy loss or a failed assisted reproduction, adoption, or surrogacy.

In August, Governor Maura Healey signed An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options. In summary, the Act is intended to overhaul maternal health practices in Massachusetts and expand insurance coverage for midwifery, birth centers, doulas, and screening and treatment for postpartum depression and has several other initiatives to save lives. The amendment, which affords employees additional grounds upon which to take leave, is part of the Act.

Earned sick time

Employers with 11 or more employees must provide up to 40 hours per benefit year of paid earned sick leave (ESL). Employers with fewer than 11 employees also must provide ESL, but it doesn’t need to be paid.

Currently, employees can use ESL if they are ill or injured or have a routine medical appointment. They also can use ESL for their child, spouse, parent, or spouse’s parent for the same purposes. In addition, they may use ESL to address certain domestic violence issues involving themselves or their children and to travel to and from locations related to the need for leave, including pharmacies and doctors’ appointments.