Purpose, Scope and Other General Provisions

(1) Purpose. To clarify practices and policies in the administration and enforcement of the Earned Sick Time Law, M.G.L. c. 149, § 148C. (2) Scope. 940 CMR 33.00 applies to all employers with employees eligible to accrue and use earned sick time and all employees of those employers in accordance with M.G.L. c. 149, § 148C. (3) Interaction with State and Federal Leave Laws. The time off provided by M.G.L. c. 149, § 148C, may run concurrently with time off provided by the Family Medical Leave Act, 29 U.S.C. § 2601 et seq., the Massachusetts Parental Leave Act, M.G.L. c. 149, § 105D, the Massachusetts Domestic Violence Leave Act, M.G.L. c. 149, § 52E, the Small Necessities Leave Act, M.G.L. c. 149, § 52D, and other leave laws that may allow employees to make concurrent use of leave for the same purposes as M.G.L. c. 149, § 148C. Employees may choose to use, or employers may require employees to use, concurrent earned paid sick time, as provided under M.G.L. c. 149, § 148C, to receive pay when taking other statutorily-authorized leave that would otherwise be unpaid.