Massachusetts Leave Laws




Vacation Leave

In Massachusetts, an employer is not required to provide its employees with vacation benefits, either paid or unpaid. MA Off. of Labor FAQs. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract.

If an employer chooses to provide vacation benefits, it must pay employees for the accrued or earned leave upon separation from employment, regardless of the reason. MA Atty. Gen. Advisory 1999/1. An employer cannot enforce a vacation leave policy where an employee forfeits all or part of their accrued or vested vacation upon separation from employment. MA Atty. Gen. Advisory 1999/1.



An employer may place a reasonable cap on the amount of vacation leave employees may accrue. MA Atty. Gen. Advisory 1999/1.

An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it, so long as employees have a reasonable opportunity to use their leave. MA Atty. Gen. Advisory 1999/1.



Sick Leave

Massachusetts requires employers to provide sick leave to eligible employees. Find out more about the sick leave requirements by visiting our Massachusetts Sick Leave Law page.

An employer in Massachusetts may also be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.



Holiday Leave

Massachusetts has laws that govern holiday work. The law differentiates between retailers, non-retailers, and manufacturers. Mass. Blue Laws Overview.

State holidays

Visit our Massachusetts State Holidays page for a list of holidays recognized and observed by the state of Massachusetts as well as information regarding state laws governing holiday leave for public employers and employees.

Retail

Holidays on which work can be performed only with a permit from the local police department and approval by the State’s Division of Occupational Safety:

  • Christmas
  • Columbus Day before noon
  • Thanksgiving
  • Veteran’s Day before 1:00 p.m.

Holidays on which work can be performed without a permit, however, employees can refuse to work and must be paid 1½ times their regular rate if they do:

  • New Year’s Day
  • Labor Day
  • Memorial Day
  • Columbus Day after 12:00 noon
  • Independence Day
  • Veterans’ Day after 1:00 p.m.

Holidays on which work can be performed without limitations:

  • Martin Luther King Day
  • Patriots’ Day
  • President’s Day
  • Bunker Hill Day
  • Evacuation Day

Non-Retail

Holidays on which work can be performed only with a permit from the local police (If the permit is acquired an employee can be required to work and is only entitled to regular pay unless standard overtime or Sunday Blue Laws apply):

  • Christmas
  • Labor Day
  • Thanksgiving
  • Columbus Day before 12:00 noon
  • Memorial Day
  • Veterans Day before 1:00 p.m.
  • Independence Day

Holidays on which work can be performed without limitation:

  • New Year’s Day
  • Patriots Day
  • Martin Luther King Day
  • Bunker Hill Day
  • President’s Day
  • Columbus Day after 12:00 noon
  • Evacuation Day
  • Veterans Day after 1:00 p.m.

Manufacturing

The non-retail holiday requirements generally apply to manufacturing. However, although manufacturers may lawfully stay open on legal holidays with the proper permits, employees cannot be required to work on those days, but instead must be given the option to work or not, except in very limited circumstances where the work being performed:

  • is absolutely necessary and
  • the enterprise requires continuous operation. Otherwise work must be voluntary.



Jury Duty Leave

An employer must pay regular employees their regular wages for the first three (3) days, or part thereof, of juror service. Regular employees include part-time, temporary, and casual employees as long as the hours of the employee may reasonably be determined by a schedule or by custom and practice established during the three-month period preceding the term of juror service. Each self-employed juror is responsible for compensating himself for the first three (3) days, or part thereof, of juror service. Massachusetts Stat. 234A.48

A court has the authority to excuse an employer from the duty to compensate an employee on jury duty or to excuse a self-employed juror from the duty to compensate himself for the first three (3) days, or part thereof, of juror service upon a finding that the employer or self-employed juror would suffer extreme financial hardship if the duty to pay wages for the first three (3) days were not removed. If an employer or self-employed juror is excused from paying wages, the court must award reasonable compensation in lieu of wages to the juror to be paid by the state for the first three (3) days, or part thereof, of juror service, up to $50 per day. Massachusetts Stat. 234A.49

An employer may not discharge, penalize, deny benefits to, harass, threaten, or coerce an employee because the employee has received and/or responds to a juror summons or performs any obligation related of juror service. An employer may not impose compulsory work assignments upon any employee or do any other intentional act which substantially interferes with the availability, effectiveness, attentiveness, or peace of mind of the employee during the performance of his or her juror service. Massachusetts Stat. 234A.61



Voting Leave

Massachusetts law prohibit employers from requiring any employee that works in a manufacturing, mechanical, or mercantile establishment to work within the first two (2) hours after the polls open. To be eligible for voting leave, the employee must request the leave. Massachusetts Stat. 149.178

Massachusetts law does not have a law which requires an employer, other than those with manufacturing, mechanical, or mercantile establishments, to provide employees with leave, paid or unpaid, to vote.



Bereavement Leave

Massachusetts law does not require employers to provide employees bereavement leave or leave to attend funerals. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employers may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice they maintain.