Can I offer unlimited vacation time to my employees in Massachusetts? What are the requirements?

Here is the response to your query:

Unlimited Vacation Time in Massachusetts

Massachusetts law does not require employers to provide vacation time to their employees. However, if an employer chooses to offer vacation time, it must comply with the requirements of M.G.L. c. 149, § 148C, and 940 CMR 33.00.

According to 940 CMR 33.07, employers that have an unlimited sick leave policy shall not be required to track accrual of sick leave or allow any rollover, provided that such leave is otherwise consistent with M.G.L. c. 149, § 148C. This means that if an employer offers unlimited vacation time, it must comply with the same requirements as an unlimited sick leave policy.

Requirements for Earned Sick Time

Under M.G.L. c. 149, § 148C, and 940 CMR 33.00, employers must provide earned sick time to eligible employees. Earned sick time accrues at a rate of one hour for every 30 hours worked, up to a cap of 40 hours per benefit year. Employers may provide more generous policies, but they must comply with the minimum requirements.

Employers must allow employees to use earned sick time for the following purposes:

• To care for a physical or mental illness, injury, or medical condition affecting the employee or the employee’s child, spouse, parent, or parent-in-law;
• To attend routine medical appointments of the employee or the employee’s child, spouse, parent, or parent-in-law;
• To address the effects of domestic violence on the employee or the employee’s dependent child.

Employers may not retaliate against employees for using earned sick time or for exercising their rights under M.G.L. c. 149, § 148C.

Employer Size

Under 940 CMR 33.04, an employer must provide earned paid sick time to all eligible employees if the employer maintained an average of 11 or more employees on the payroll during the preceding benefit year. Employers with fewer than 11 employees must provide employees with the right to accrue and use up to 40 hours of earned unpaid sick time per benefit year.

Conclusion

In summary, Massachusetts law does not require employers to provide vacation time to their employees. If an employer chooses to offer vacation time, it must comply with the requirements of M.G.L. c. 149, § 148C, and 940 CMR 33.00. Employers that have an unlimited sick leave policy may offer unlimited vacation time, but they must comply with the same requirements as an unlimited sick leave policy. Employers must provide earned sick time to eligible employees, and the requirements vary based on employer size.

Jurisdiction

Massachusetts

• Labor