Breaks and time off

Employees working more than 6 hours get a meal break

Workers have a right to at least a 30-minute meal break if they work more than six hours during a calendar day. During their meal break, workers must be free of all duties and free to leave the workplace. This break may be unpaid. Employers may require workers to take their meal breaks.

Employees may agree to work through their meal breaks, but they must be paid

If, at the request of the employer, a worker agrees to work or stay at the workplace during the meal break, the worker must be paid for that time.

Meal breaks may be used for prayer or other activities

The meal break is the worker's free time. Workers must be allowed to pray during their meal breaks.

Most workers in Massachusetts have the right to earn and use up to 40 hours of sick time per year to take care of themselves and their families.

Vacation payments are wages. Employers who offer vacation should have clear, written vacation policies. They should give each worker a copy of the policy when the worker is hired and ask the worker to acknowledge in writing that the worker understands the policy.

Workers may have the right to take up to 24 hours of unpaid leave every 12 months for:

• a child's school activities
• a child's doctor or dentist appointment, or
• an elder relative's doctor or dentist appointment or other appointment related to the elder's care

Workers can receive this leave if the employer has 50 or more employees, and if the worker has worked at least 1,250 hours for that employer in the last 12 months.

Note: Workers have the right to this leave in addition to the 12 weeks allowed by the federal Family and Medical Leave Act.

Employers with 50 or more employees must allow qualifying workers up to 15 days of paid or unpaid leave for these purposes:

• seeking or obtaining medical attention, counseling, victim services or legal assistance;
• securing housing;
• obtaining a protective order from a court;
• appearing in court or before a grand jury;
• meeting with a district attorney or other law enforcement official;
• attending child custody proceedings; or
• addressing other issues directly related to the abusive behavior against the employee or family member of the employee.

To qualify, the worker must be a paid employee who is a victim of domestic violence, sexual assault, stalking or kidnapping, or who has a family member who is a victim.

The Attorney General’s Office enforces these rules and may seek an injunction or other equitable relief to enforce the law.

Most employers must allow a worker to have one day off after 6 consecutive days of work. This day off must include an unbroken period between 8 a.m. and 5 p.m.

Under Massachusetts law, employers must allow employees working in manufacturing, mechanical or retail industries to take time off to vote during the first two hours that polls are open.  Workers must request the leave ahead of time. The worker does not have to be paid for this time.

An employee who is a veteran may be entitled to paid or unpaid leave to observe Veterans Day and to participate in a Memorial Day event.

G.L. c. 149, § 52A½, as amended by, Section 32 of Chapter 218 of the Acts of 2018

Veterans Day

Effective November 7, 2018, all private employers must grant leave to a veteran employee to observe Veterans Day. Leave shall be granted with or without pay, at the discretion of the employee’s employer.

Employers are not required to provide leave where an employee provides services that “are essential and critical to the public health or safety and determined to be essential to the safety and security of such an employee’s employer or the property of the employer.”
 

Memorial Day

All private employers must grant leave to a veteran employee who desires to participate in a Memorial Day exercise, parade or service. Employee veterans are entitled to leave “of sufficient time to participate” in an event that takes place in the veteran’s “community of residence.”

Leave to participate in a Memorial Day event shall be paid or unpaid, at the discretion of the employer.

Employers are not required to provide leave where an employee provides services that “are essential and critical to the public health or safety and determined to be essential to the safety and security of such an employee’s employer or the property of the employer.”

Most Massachusetts workers have a right to take up to 8 weeks of job-protected leave for the birth or adoption of a child. This law is enforced by the Massachusetts Commission Against Discrimination.

Employers may also have to provide reasonable accommodations to pregnant and nursing workers.