What happened?

On August 23, 2024, the Massachusetts governor signed HB 4999, expanding the reasons that Massachusetts employees take earned sick time under the law.

Quick Summary:

• Massachusetts employers must allow employees to use Earned Sick Time for physical or mental health needs related to pregnancy loss or a failed assisted reproduction, adoption, or surrogacy.

• This amendment reflects a recent trend to add reproductive loss and/or bereavement as statutorily protected paid or unpaid events.

What are the details?

• HB 4999 (2024 Acts – Section 186) focuses on improving health services for pregnant women and expanding health care coverage to cover non-hospital providers (e.g., midwives, doulas, and birthing centers).
  • The legislature also expanded the reasons for which eligible employees may use available earned sick time under the Commonwealth’s Earned Sick Time Law. 

• The law, in addition to the previous reasons, now allows the use of sick time for:

…(3) attend the employee’s routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent or parent of spouse;
          (4) address the psychological, physical or legal effects of domestic violence as defined in subsection (g1⁄2) of section 1 of chapter 151A, except that the definition of employee in subsection (a) will govern for purposes of this section; or
          (5) 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 law does not define what constitutes a “pregnancy loss, or a failed assisted reproduction, adoption or surrogacy.”

Business Considerations

• Employers should review and update their paid sick time policies to include the expanded reasons before the effective date.

Source References

• 2024 Acts – Section 186

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