10 Key Questions About Leave Laws in Massachusetts

There are four main leave laws in Massachusetts. These include the federal Family and Medical Leave Act (FMLA), and state-run leave laws such as the Paid Family and Medical Leave (PFML) program, the Earned Sick Time law, and the Domestic Violence Leave Act.

While the FMLA provides unpaid, job-protected leave for family and medical reasons, Massachusetts’s Paid Family and Medical Leave (PFML) program provides up to 26 weeks of paid leave for similar qualifying family and medical reasons.

These leave laws in Massachusetts are complemented by the Earned Sick Time law, which mandates sick leave for employees to take care of themselves or certain family members, and the Domestic Violence Leave Act (DVLA), which provides job-protected time off to victims of abuse or their caregivers.

Massachusetts also offers leave provisions for jury duty, military service, and voting.

Massachusetts leave laws offer different types of employee leave, including:

• Family and Medical Leave: Under the federal FMLA, eligible employees of covered employers in Massachusetts can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. This includes the birth or placement of a child, or caring for an employee’s own or a family member’s serious health condition. FMLA also offers up to 26 weeks of leave in a 12-month period to care for a covered servicemember’s serious illness or injury.
• Paid Family and Medical Leave: Massachusetts’ Paid Family and Medical Leave (PFML) program offers eligible employees up to 26 weeks of paid leave per benefit year for qualifying family and medical reasons. This includes caring for their own or a family member’s serious health condition, bonding with a new child, addressing certain military exigencies, or caring for a covered servicemember. Eligibility is based on an employee’s earnings, and even self-employed individuals can opt in. PFML is funded through employee and employer contributions, with benefit amounts determined by the employee’s and the state’s average weekly wages, the benefit year, and the employee’s leave schedule.
• Earned Sick Leave: Under Massachusetts’s Earned Sick Time law, most employees earn one hour of sick time for every 30 hours worked, up to 40 hours per year. This time off can be used after 90 days of employment for their own or a family member’s illness, injury, or medical appointments. It can also be used after pregnancy loss or failed adoption/surrogacy. Employers with 11 or more employees must provide paid sick time, but for employers with fewer than 11 employees, this sick time doesn’t have to be paid.
• Domestic Violence Leave: Under the Massachusetts Domestic Violence Leave Act (DVLA), all employers with 50 or more employees in the state must provide up to 15 days of leave in a 12-month period if the employee or a family member is a victim of abusive behavior. This leave may be paid or unpaid.
• Jury Duty Leave: Massachusetts law requires employers to pay employees their regular wages for the first three days of jury service. From the fourth day onward, trial jurors receive $50 per day as compensation from the state.
• Military Leave: Under the federal USERRA, Massachusetts employees can take job-protected leave for military duty and training. Massachusetts’s state employees serving in the armed forces or reserves are entitled to up to 40 days of paid military leave per fiscal year. Pay protections vary by duty type and length of service, and employees retain their seniority and all accrued leave during this period.
• Voting Leave: Employees in certain industries in Massachusetts are entitled to up to two hours off after polls open on election day if requested, though this time off doesn’t have to be paid.
• Organ Donor Leave: Certain state employees in Massachusetts may take up to 30 days of paid leave each year to serve as an organ donor. If the leave is foreseeable, at least seven days’ notice must be given; otherwise, notice should be provided as soon as practicable.

The duration of a leave depends on the specific Massachusetts leave law that applies:

• FMLA Leave: Up to 12 weeks of unpaid, job-protected leave in a 12-month period for family and medical reasons, and up to 26 weeks of military caregiver leave in a 12-month period
• Paid Family and Medical Leave: Up to 26 weeks of combined paid family and medical leave per benefit year. Within that limit, employees can take up to 20 weeks of medical leave, up to 12 weeks of family leave, and up to 26 weeks of military caregiver leave
• Earned Sick Leave: Up to 40 hours of paid/unpaid earned sick time, accrued at one hour for every 30 hours worked
• Domestic Violence Leave: Up to 15 days of paid or unpaid leave
• Jury Duty Leave: For the duration of jury duty
• Military Leave: For the duration of military service under USERRA. State employees receive up to 40 days of paid leave per fiscal year
• Voting Leave: Up to two hours off to vote in elections
• Organ Donor Leave: Up to 30 days of paid leave in a calendar year for certain state employees

Yes, part-time employees in Massachusetts are entitled to leave under several leave laws, including:

• FMLA Leave: In Massachusetts, part-time employees may also qualify for FMLA leave if they meet the federal eligibility requirements for hours worked and length of service.
• Paid Family and Medical Leave: Part-time employees are eligible for paid leave under the Massachusetts’ PFML program if they meet the earnings requirements, though their weekly benefit amount is calculated based on average weekly hours and leave duration.
• Earned Sick Leave: Massachusetts’s Earned Sick Time law entitles part-time employees to accrue one hour of sick leave for every 30 hours worked, up to 40 hours per year. This leave can be paid or unpaid based on employer size.
• Domestic Violence Leave: Part-time employees in Massachusetts are entitled to up to 15 days of paid or unpaid domestic violence leave during any 12-month period, under the DVLA if they or their family members are victims of abuse.

Yes, employees in Massachusetts get paid at their regular wage rate during their earned paid sick time. All employees working for employers with 11 or more employees are entitled to one hour of paid sick time for every 30 hours worked, up to 40 hours per year. Employees of smaller employers may also earn paid sick time if their employer allows; otherwise, they may not be paid during their earned sick leave.

During paid leave under Massachusetts’ PFML program, employees receive a weekly benefit amount that is calculated based on the employee’s and the state’s average weekly wage, the length of leave, and the benefit year. In 2026, the maximum weekly benefit an employee can receive is $1,230.39.

Employees in Massachusetts are paid their regular wages for the first three days of jury duty. After that, they receive $50 per day compensation from the state.

State employees also get paid for up to 40 days of military leave per fiscal year, with pay protections varying by duty type and length of service. In addition, certain state employees may take up to 30 days of paid organ donor leave in any 12-month period.

Employee benefits are generally protected during leave in Massachusetts, though the specifics depend on the type of leave.

Under Massachusetts’s PFML program, employees continue to receive benefits while on paid leave. Employees taking time off under the DVLA remain entitled to all benefits accrued prior to their leave.

In Massachusetts, employees on FMLA leave can keep their group health insurance under the same terms as if they were actively working, as long as they continue paying their share of premiums. If an employee drops coverage while on leave, their health benefits must be fully restored once they return. Other benefits, such as life insurance, disability insurance, sick leave, vacation, pension, and retirement plans, must also be reinstated at the same level as before the leave began.

During military leave, protections under USERRA allow servicemembers to keep their employer-sponsored health insurance for up to 24 months. If they drop coverage during military leave, their health plan benefits must be reinstated without waiting periods or exclusions once they return. State employees also retain their seniority and any accrued leave during military leave.

Yes. In Massachusetts, employees can carry over up to 40 hours of unused earned sick time to the next year. However, employees can only use up to 40 hours of earned sick leave per year.

Massachusetts operates under an “at-will” doctrine, which means employers can fire employees at any time for any reason, or no reason at all, including while they are on leave. But there are important exceptions.

Employees can generally not be fired for exercising their right to a job-protected leave, such as FMLA leave, domestic violence leave, earned sick leave, military leave, and jury duty leave.

Yes, employees in Massachusetts can quit their jobs while on leave, as Massachusetts is an “at-will” employment state. This means that employees can quit at any time for any reason, or no reason at all, unless there is a specific employment contract stating otherwise.

If an employee’s leave rights have been violated under Massachusetts’s Earned Sick Time law or Domestic Violence Leave Act, they can file a complaint with the Massachusetts Attorney General’s Office (AGO).

For violations related to the Massachusetts Paid Family and Medical Leave program, employees can file an appeal with the state’s Department of Family and Medical Leave (DFML).

For FMLA violations, employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). They may also pursue a civil action against the employer.