MGL c.149, s.52E Leave from work when employee or family member of employee has been victim of abusive behavior
Provides for up to 15 days of leave in any 12 month period under certain circumstances
Attorney General's Advisory Concerning M.G.L. c. 149, s. 52E Employment Leave for Victims and Family Members of Abuse, Mass. Attorney General, 2014.
Provides an explanation of the law granting leave for victims of domestic violence, with guidance for employers.
Need to Take Time Off From Work to Deal with Domestic Violence?, Mass. Legal Help.
Explains who may take off and for what purposes under the 2014 domestic violence law.
Family and medical leave
MGL c.175M as added by St. 2018, c.121 Paid family medical leave. Establishes a system for paid family leave of up to 12 weeks to care for a family member, and up to 20 weeks for your own illness. The tax that pays for it will begin in 2019, and leave will be available beginning in 2021.
|March 31, 2019||Proposed regulations published|
|July 1, 2019||Begin collection of tax of 0.63 percent|
|January 1, 2021||Begin to pay leave benefits|
29 USC 2601 et seq. Family and Medical Leave Act
29 CFR 825 Family and Medical Leave Act
Family and Medical Leave Act, U.S. Department of Labor
Includes links to law and regulations, forms, frequently asked questions and more
Clarification of the Definition of Son or Daughter: Administrator's Interpretation No. 2010-3, US Department of Labor, June 2010
"The Administrator has determined that additional clarification is needed on the definition of “son or daughter” as it applies to an employee taking FMLA-protected leave for the birth or placement of a child, to care for a newborn or newly placed child, or to care for a child with a serious health condition."
Massachusetts establishes paid family leave and raises minimum wage, JD Supra, July, 2018.
Explains the law, its requirements, and important dates.
Massachusetts Employment Law, MCLE, loose-leaf. Chapters 21 and 22.
MGL c.149, s.105D. Law applies to all parents, men and women, whose employers have six or more employees. Under the law, parents are eligible for 8 weeks of leave per child. If both parents work for the same employer, they shall only be entitled to 8 weeks of leave in the aggregate for the birth or adoption of the same child. Leave may be with or without pay "at the discretion of the employer."
804 CMR 8 MCAD Maternity Leave
Defines terms in maternity leave law. Includes a maternity leave form.
Global NAPS, Inc. v. Martha Awiszus, 457 Mass. 489 (2010)
"Female employees...are afforded rights under the MMLA when they are absent from employment 'for a period not exceeding eight weeks for the purpose of giving birth.'...MCAD Guidelines do not have the force of law, and, therefore, cannot be the source of a remedy for Stephens's termination from employment. An employee who is permitted to extend her maternity leave past eight weeks may have other rights that protect her from unlawful termination, but they are not statutory rights under G.L. c. 149, § 105D."
- MCAD Guidance on the Pregnant Workers Fairness Act, Mass. Commission Against Discrimination, 2018.
- Includes specific guidelines and questions and answers on the law effective April 1, 2018.
- Parental Leave in Massachusetts, Mass. Commission Against Discrimination.
Covers employee rights and employer responsibilities, with links to more detailed information.
MGL c.149, s.148C and 148D. Employees who work for employers having eleven or more employees may earn and use up to 40 hours of paid sick time per calendar year, while employees working for smaller employers may earn and use up to 40 hours of unpaid sick time per calendar year.
940 CMR 33, Earned Sick Time
Selected case law
Mui v. Massachusetts Port Authority, 478 Mass. 710 (2018)
Accrued, unused sick time does not count as "wages" under the Wage Act, G. L. c. 149, §§ 148, 150.
Earned Sick Time, Mass. Attorney General's Fair Labor Division. Includes summary of the law, frequently asked questions, and more.
Small necessities leave
MGL c.149, s.52D(b) Small Necessities Leave Act
940 CMR 20 Employee Leave for Certain Family Obligations
- New State Law Provides 24 Hours Unpaid Leave, MIT Tech Talk
- Attorney General's advisory on small necessities leave, Attorney General's Fair Labor and Business Practices Division
Provides the former AG's interpretation of the Small Necessities law, including eligibility, notice and more
Massachusetts Employment Law, MCLE, loose-leaf. Chapters 22 and 23.
Other types of leave
Electronic Data Systems Corp. v. Attorney General & another, 454 Mass. 63 (2009)
"The Wage Act requires that an employer pay an employee for unused vacation time remaining at the time of the employee's involuntary discharge..."
Must employees be given time off work to vote?
Look at MGL c.149 s.178 . This law was originally passed in 1887, and has been modified ten times, the most recent being in 1913. The following is from Labor and Employment in Massachusetts: a guide to employment laws, regulations, and practices, 2nd edition, by Jeffrey L. Hirsch (Lexis, loose-leaf):
"Time Off to Vote
Massachusetts laws requires that employees who apply be granted a leave of absence to vote during the two hours after the polls open in their districts. Payment for voting time is at the discretion of the employer. Most employees have time to vote before or after work. One or two hours in most cases is the maximum time needed to vote. Employees should explain their reasons for needing more time and may also be requested to prove that they have voted by providing the name of the precinct where they cast their ballot."
Small Necessities Leave Act, Maternity Leave Act, and Other Miscellaneous Statutes Governing Time Off, Conn Kavanaugh Rosenthal Peisch & Ford, LLP
Includes many types of leave, including military, disability and more
|Last updated:||July 3, 2018|