This is the third post in the Workers’ Rights blog series, which covers workplace safety, fair wages, workers’ benefits, workers’ compensation, and other rights in Massachusetts.

Whether you’ve just started a new job in the Bay State or you’ve worked in Massachusetts for years, you should learn about your rights to sick and paternal leave, meal breaks, unemployment benefits, and more so you can make sure you’re getting the benefits you deserve.

Time Off

If you work in Massachusetts, you have a right to certain types of paid and unpaid leave depending on your job. The Attorney General’s Office (AGO) has information on the types of benefits you should receive.

• Sick Leave — Most employees can earn up to 40 hours of sick time per year under the Earned Sick Time Law, which went into effect July 1, 2015. Sick time may be paid or unpaid depending on the size of the company. You must accrue at least one hour of sick time for every 30 hours you work. If you have a serious illness or need to take care of an immediate family member with one, the Family and Medical Leave Act (FMLA) requires most employers with 50 or more employees to give you up to 12 weeks of unpaid time off per year.
• Parental Leave — The Massachusetts Parental Leave Act requires employers to give you at least eight weeks off to give birth or adopt a child if you meet the parental leave requirements. According to the Massachusetts Commission Against Discrimination (MCAD), you must also receive your old job back or get a similar one once you return from leave. In some circumstances, you may be entitled to time off under FMLA.
• Vacation Time — Employers don’t have to give you paid vacation time, but if they do, they have to pay you any vacation time you’ve earned and haven’t used when you leave the company.
• Voting — During elections, some employers are required to give you up to two hours off of unpaid leave for time to vote if you ask for it.
• Small Necessities Leave — You may take 24 hours of unpaid small necessities leave each year for certain family obligations if you meet the eligibility requirements. This time is in addition to the time allowed under FMLA and Earned Sick Time, if your sick time is unpaid.
• Meal Breaks — If you work a shift that’s longer than six hours, your employer has to provide you with a 30-minute meal break where you are free of all responsibilities can leave your workplace if you want. The meal break may be unpaid. If you choose to work through your meal break, you must be paid for that time.
• Domestic Violence and Abusive Situation Leave — If you or a family member is a victim of domestic violence or certain other forms of abuse, you may be eligible for up to 15 days of paid or unpaid leave to address medical, legal, and other issues.

Unemployment Benefits

If you have lost your job through no fault of your own, you may be eligible for temporary income from the Unemployment Insurance (UI) program under the Executive Office of Labor and Workforce Development (LWD).

If you meet the UI program eligibility requirements, you can receive several unemployment benefits, including:

• Half of your average weekly pay — up to a maximum amount set by law — for up to 30 weeks
• Training to help you find a new job

To apply for unemployment benefits, collect the information you’ll need to file a UI claim, like your Social Security number, employer’s address and information, and your start and end dates at your last job. You can file a UI claim online or file a UI claim by phone.

Most claims will be processed within two to three weeks. You should continue to file weekly claims even if you haven’t heard back from LWD. If you’re approved, you’ll receive back payments for the weeks you claimed. There are also steps you must take after you apply for unemployment benefits to ensure you continue to receive your benefits.

By learning what benefits your employer must provide, you can plan for growing your family, unemployment, and other transitional moments. Stay tuned for the next part of the Workers’ Rights blog series to learn about workers’ compensation in the Bay State.

Share this post with family and friends who work in Massachusetts. Check out the workplace safety blog and fair wages blog in the Workers’ Rights blog series to learn more about your rights in the workplace.

Tags: benefits, employment, family and medical leave act, FMLA, jobs, maternity leave, meal breaks, parental leave, sick leave, sick leave law, sick time, time off, time off law, unemployment, unemployment benefits, unemployment insurance, vacation time, workers rights, working in Massachusetts