---
title: "Earned sick time for servers in Massachusetts"
description: "Massachusetts workers earn up to 40 hours of sick time a year, 1 hour per 30 worked. It’s paid at employers with 11 or more employees."
url: https://www.tipmaxapp.com/us/answers/massachusetts/paid-sick-leave
language: en
publisher: TipMax (Entermaurs Incorporated)
date_published: 2026-09-23
last_verified: 2026-09-23
---

# Do I get paid sick time as a server in Massachusetts?

**Short answer:** **Yes, if your employer has 11 or more employees.** Massachusetts workers earn at least one hour of sick time for every 30 hours worked, up to 40 hours a year, to care for themselves or certain family members. Employers with 11 or more employees must pay for it. Smaller employers still have to give the time, but it doesn’t need to be paid.

## The rules in Massachusetts

| Rule | What it says |
| --- | --- |
| How you earn it | At least 1 hour of sick time for every 30 hours worked. |
| Yearly cap | Up to 40 hours per year. |
| Paid or unpaid | Paid at employers with 11 or more employees; unpaid at employers with fewer than 11. |
| Uses | Caring for yourself and certain family members. |

> “Employers with 11 or more employees must provide paid sick time. Employers with fewer than 11 employees must provide earned sick time, but it does not need to be paid.” (Massachusetts Attorney General: earned sick time, https://www.mass.gov/info-details/earned-sick-time)

## What’s different in Massachusetts

Federal law requires no sick time. Massachusetts requires every employer to let you earn it, and the size line only decides whether it’s paid. At 1 hour per 30 worked, a server putting in 30 hours a week earns about an hour a week (our arithmetic), reaching the 40-hour cap in under a year.

For a tipped server, paid sick hours come at your hourly wage. The Massachusetts cash wage is $6.75, so a paid sick shift can look thin next to a busy night. Section 148C of chapter 149 is the statute behind the rule.

## Official sources

- [Massachusetts Attorney General: earned sick time](https://www.mass.gov/info-details/earned-sick-time)
- [Mass. General Laws c.149 §148C: earned sick time](https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148C)

## Last verified

September 23, 2026. Checked the agency pages linked above.

**Still open:** The pages we saved don’t say what hourly rate paid sick time uses for a worker on the $6.75 tipped cash wage. Ask the Attorney General’s Fair Labor Division before relying on a number.

## About TipMax

Massachusetts sick time builds at 1 hour per 30 worked, and a shift log with hours lets you check the balance your employer shows you.

TipMax is an iPhone app for servers and bartenders that tracks tips and tip-outs and turns a restaurant menu into study flashcards.

Download TipMax free: https://apps.apple.com/us/app/tipmax-study-track-earn/id6744850146

---

TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is **not legal, tax, or accounting advice**. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.