When it comes to understanding employee rights in Massachusetts, knowing the state’s Massachusetts Leave Laws and holiday regulations is essential for both employers and employees. In 2025, Massachusetts leave laws continues to uphold robust labor laws designed to protect workers’ rights. Additionally, the state’s public holidays play a significant role in ensuring employees have time to rest and recharge. With tools like Day Off, tracking leave and staying compliant becomes easier for both businesses and employees. Whether you are navigating paid time off (PTO), understanding legal holidays, or planning for leave in the new year, this comprehensive guide will walk you through Massachusetts Leave Laws, holidays, and how Day Off can help manage them in 2025.
Paid Time Off (PTO) in Massachusetts
Leave Quota
While Massachusetts leave laws does not mandate a specific PTO or vacation quota, employers often implement PTO policies that vary based on factors like seniority, position, and industry standards. Common practices include:
- Entry-Level Employees: Typically start with 10-15 days of PTO per year, including vacation days, sick leave, and personal days.
- Mid-Level Employees: May receive 15-20 days of PTO per year, with additional days often being added based on years of service or job performance.
- Senior-Level Employees: These employees might receive 20-25 days or more, reflecting their longer tenure and higher position within the company.
Employers in Massachusetts generally maintain flexibility in determining leave quotas but are encouraged to clearly communicate these quotas in employee handbooks or offer letters.
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PTO accrual systems are widely used across Massachusetts, allowing employees to earn time off progressively throughout the year. Common accrual methods include:
- Hourly Accrual: Employees earn a set amount of PTO for each hour worked. For example, an employee might accrue 1 hour of PTO for every 40 hours worked.
- Monthly Accrual: Some employers calculate PTO monthly, adding a certain number of days or hours of PTO each month. For example, an employee might accrue 1 day of PTO for every month worked, leading to 12 days of PTO annually.
- Front-Loading: In some cases, employers grant the full annual PTO quota at the beginning of the year, allowing employees to use their time off whenever they choose, while still having to work the rest of the year to “earn” that time. Employers must follow their accrual policies consistently and transparently, ensuring that employees are aware of how their PTO is being calculated and when it becomes available for use.
Rollover
In Massachusetts leave laws, state law does not explicitly require employers to allow unused PTO to roll over into the next year. However, many businesses adopt a rollover policy as part of their company culture to accommodate employees who may not use all their vacation time within a single year. Common practices for PTO rollover include:
- Full Rollover: Some employers allow employees to roll over all unused PTO to the following year with no restrictions.
- Partial Rollover: In many companies, there is a cap on how much PTO can be carried over. For example, employees may be allowed to carry over a maximum of 5 days into the next year.
- Use-It-or-Lose-It: Some companies may have a strict policy that requires employees to use their PTO within the year, or they forfeit any unused time, though such policies must be clearly communicated in advance.
- Rollover with Expiry: Employers may allow PTO to roll over but require employees to use it by a certain date, such as within the first quarter of the next year.
It is crucial for employees to understand their company’s rollover policy, as it can impact how they plan their time off, especially around the year’s end.
Payment of Accrued, Unused Vacation on Termination
Under Massachusetts leave laws, accrued, unused vacation time is considered earned wages, and employers are required to pay out any remaining balance upon termination of employment. This applies whether the employee resigns, is terminated, or is laid off. Important considerations include:
- Final Paycheck Requirements: Upon termination, Massachusetts law mandates that the payment for any earned, unused vacation time must be included in the final paycheck. The timing of this payment depends on the circumstances:
- Voluntary Resignation: Employees who resign are entitled to receive their final paycheck (including accrued PTO) on the next regular payday.
- Involuntary Termination: Employees who are terminated must receive their final paycheck (with unused PTO payout) on the day of discharge.
- Pro-Rated PTO: If an employee leaves mid-year, employers may need to calculate a pro-rated amount of PTO based on the time worked, ensuring the employee receives the appropriate payout.
- Severance and PTO: In some cases, severance packages may include additional PTO payouts beyond the standard accrued balance, though this is typically negotiated on a case-by-case basis.
- Legal Compliance: Failing to pay out accrued vacation time can result in legal penalties for the employer, as Massachusetts treats unpaid wages, including PTO, seriously.
Sick Leave in Massachusetts
Federal Laws
At the federal level, the Family and Medical Leave Act (FMLA) remains the primary law governing sick leave. FMLA provides eligible employees with job-protected, unpaid leave for specific health-related reasons. However, it does not establish a paid sick leave quota. Key aspects of FMLA include:
Eligibility: Employees are eligible if they have worked for the same employer for at least 12 months and have logged 1,250 hours of service during that time. The employer must have 50 or more employees within a 75-mile radius to be subject to FMLA requirements.
Leave Quota: FMLA allows eligible employees to take up to 12 weeks of unpaid leave per year for:
- A serious health condition that prevents them from working.
- Caring for an immediate family member (spouse, child, or parent) with a serious health condition.
- The birth of a child or placement of a child for adoption or foster care.
- Specific circumstances related to a family member’s military service.
Job Protection: While the leave is unpaid, FMLA ensures that employees can return to their same job or a similar position with equivalent pay and benefits after their leave ends.
Health Insurance: During FMLA leave, employers must continue to provide health insurance under the same terms as if the employee were working.
Although FMLA offers significant job protection, it does not mandate paid sick leave. Employers may provide additional paid sick leave benefits, but these are not required by federal law.
State Laws
Massachusetts has its own sick leave laws that go beyond the federal protections under FMLA. The Massachusetts Earned Sick Time Law guarantees paid sick leave for employees, making it one of the most progressive state laws in the U.S. concerning sick leave. Here’s how it works:
Eligibility: The Massachusetts Earned Sick Time Law applies to all employees, including full-time, part-time, and temporary workers. There is no requirement for the number of employees a company must have for this law to apply, meaning even small businesses are subject to it.
Leave Quota: Under the law, employees earn 1 hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours per year. This leave can be used for:
- An employee’s illness, injury, or medical appointments.
- Caring for a sick child, spouse, parent, or other family member.
- Attending medical appointments for the employee or a family member.
- Addressing issues of domestic violence involving the employee or their family.
Accrual and Usage: Sick leave begins accruing immediately when an employee starts working, though they cannot use the leave until they have been employed for at least 90 days. The law allows employees to carry over up to 40 hours of unused sick leave to the following year, but employers are not required to allow employees to use more than 40 hours in any given year.
Rollover: If employees do not use all of their accrued sick leave within a year, they may carry over unused hours to the next year. However, employers may limit the total sick leave used in a year to 40 hours, even if employees have rolled over time from the previous year.
Payment: Massachusetts law mandates that sick leave must be paid at the employee’s regular hourly rate when used. This applies to all employers, regardless of size, meaning even small businesses must comply with the law and offer paid sick leave.
Job Protection: Like FMLA, the Massachusetts Earned Sick Time Law includes job protection. Employees cannot be fired or retaliated against for using earned sick time, ensuring that workers can take the time they need without fear of losing their jobs.
Maternity, Paternity, FMLA in Massachusetts
Federal Laws
At the federal level, the Family and Medical Leave Act (FMLA) offers protection for employees across the U.S. when they need time off for maternity, paternity, or family-related reasons. Key aspects of FMLA for maternity and paternity leave include:
Eligibility:
- Employees must have worked for their employer for at least 12 months and logged a minimum of 1,250 hours within the past year.
- The employer must have at least 50 employees within a 75-mile radius.
Leave Quota:
- FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year. This leave can be used for:
- The birth and care of a newborn child.
- The placement of a child for adoption or foster care.
- Caring for a spouse, child, or parent with a serious health condition.
- A serious health condition that makes the employee unable to perform the essential functions of their job.
- For maternity and paternity leave, both mothers and fathers are entitled to take time off under FMLA for the birth or adoption of a child.
- FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year. This leave can be used for:
Job Protection:
- FMLA guarantees that employees who take leave will return to their same or a similar position with equivalent pay and benefits.
- This law also protects employees from retaliation for taking leave, meaning employers cannot demote, fire, or penalize employees for using FMLA leave.
Health Insurance:
- While the leave under FMLA is unpaid, the employer must continue to provide health insurance benefits on the same terms as if the employee were working.
Though FMLA provides significant job protection, it does not mandate paid leave. Employees who take leave under FMLA may have to rely on other resources, such as state laws or employer-provided benefits, to receive income during their time off.
State Laws
In addition to FMLA, Massachusetts offers additional protections and benefits through its Paid Family and Medical Leave (PFML) law, which provides paid leave for maternity, paternity, and other family-related reasons. The Massachusetts PFML law goes beyond federal FMLA by offering paid time off, ensuring that employees have financial support while on leave. Key features of Massachusetts’ PFML law include:
Eligibility:
- Unlike FMLA, the Massachusetts PFML applies to most employees in the state, regardless of the size of their employer. Full-time, part-time, and temporary workers are all eligible for PFML benefits if they meet the minimum earnings requirement, which is based on a percentage of the state’s average weekly wage.
Leave Quota:
- Under Massachusetts PFML, employees can take:
- Up to 12 weeks of paid family leave per benefit year to bond with a newborn, adopted, or foster child.
- Up to 20 weeks of paid medical leave for their own serious health condition.
- Up to 26 weeks if caring for a family member who is a covered service member with a serious injury or illness.
- A combined maximum of 26 weeks of paid leave is allowed per benefit year.
- Under Massachusetts PFML, employees can take:
Paid Leave:
- The key distinction between Massachusetts PFML and FMLA is that Massachusetts PFML is paid. The benefit amount is calculated based on the employee’s average weekly wage, with a percentage paid out during the leave period. There is a cap on the maximum weekly benefit, which is adjusted annually.
- Employees can receive a portion of their wages while on leave, helping to alleviate the financial burden of taking time off for family-related reasons.
Job Protection:
- Similar to FMLA, Massachusetts PFML guarantees job protection during the leave period. Employers are required to reinstate employees to their same or equivalent position once the leave ends, with the same pay and benefits.
- Massachusetts also provides anti-retaliation protections, ensuring that employees are not penalized for taking family or medical leave under PFML.
Health Insurance Continuation:
- As with FMLA, Massachusetts employers must continue to provide health insurance benefits under the same terms as when the employee was working.
Interaction Between FMLA and PFML:
- Massachusetts PFML runs concurrently with FMLA, meaning that if an employee is eligible for both, the leave periods overlap. However, PFML provides paid leave, whereas FMLA is unpaid.
- Employees may also use PFML benefits if they are not eligible for FMLA, such as in cases where the employer has fewer than 50 employees.
Additional State Laws
In addition to PFML, Massachusetts has other state laws that provide further protections for new parents:
Massachusetts Parental Leave Act:
- This law applies to employers with six or more employees and allows eligible employees to take up to 8 weeks of unpaid leave for the birth or adoption of a child.
- The law applies equally to mothers and fathers, ensuring both parents have time to bond with their new child. If both parents work for the same employer, they are entitled to 8 weeks of leave in total, which may be shared between them.
- While the leave is unpaid, employees are guaranteed job protection during their absence.
Pregnancy and Lactation Accommodations:
- Massachusetts law requires employers to provide reasonable accommodations for pregnant employees and nursing mothers. This may include allowing more frequent breaks, providing a private space for expressing breast milk, or adjusting work duties to accommodate pregnancy-related needs.
- Employers must engage in a dialogue with pregnant or nursing employees to determine the appropriate accommodations and cannot penalize employees for requesting them.
Bereavement Leave in Massachusetts
In 2025, Massachusetts does not have a specific state law mandating Bereavement Leave, but many employers offer this benefit as part of their company policies. Bereavement leave allows employees time off to grieve and manage affairs following the death of a loved one. While there is no state-mandated requirement for the amount of time off, employers typically provide between 3 to 5 days of paid or unpaid leave, depending on the relationship to the deceased and company policy. Under the Massachusetts Paid Family and Medical Leave (PFML) law, while bereavement itself is not covered, an employee may be eligible to take leave for serious health conditions arising from grief-related stress or other family matters, provided they meet the requirements. Employers are encouraged to clearly communicate their bereavement leave policies to ensure employees are aware of their entitlements.
Jury Duty Leave in Massachusetts
In 2025, Jury Duty Leave in Massachusetts is governed by state law, which requires all employers to provide employees with time off to serve on a jury. Massachusetts law ensures that employees cannot be penalized, terminated, or retaliated against for fulfilling their civic duty. Additionally, during the first three days of jury service, employers are required to pay their employees their regular wages. After the third day, jury service is unpaid unless the employer voluntarily chooses to offer additional paid leave. Employees are expected to notify their employers as soon as they receive a jury summons, and upon completing their service, they must return to work. This law ensures that individuals can participate in the legal process without fear of losing their job or income.
Military Leave in Massachusetts
In 2025, Military Leave in Massachusetts is protected by both federal and state laws, ensuring that employees who serve in the armed forces can take time off for military duties without risking their employment. Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employees are entitled to unpaid leave for military service, with the right to return to their civilian job after completing their service, provided they meet certain conditions. Massachusetts law further supports these protections by granting public employees, such as state and municipal workers, up to 17 days of paid military leave per calendar year for training or other required duties. Employers must reinstate returning service members to their previous position or an equivalent role with the same pay and benefits. Additionally, service members are protected from discrimination and retaliation due to their military obligations. This combination of federal and state laws ensures that Massachusetts employees can fulfill their military responsibilities while maintaining their civilian careers.
Voting Leave in Massachusetts
In 2025, Massachusetts does not have a specific state law mandating Voting Leave, meaning employers are not legally required to provide time off for employees to vote. However, Massachusetts strongly encourages employers to support their employees’ civic duty by allowing flexibility in work schedules to accommodate voting during election days. Polling hours in Massachusetts are typically open from 7 AM to 8 PM, giving most workers ample opportunity to vote before or after work. While time off to vote is not mandatory, many companies voluntarily offer paid or unpaid time off, or flexible work arrangements, to ensure employees can participate in elections. Employers are encouraged to foster a workplace culture that supports civic engagement by communicating their voting policies clearly to employees.
Massachusetts State Holidays in 2025
In 2025, Massachusetts observes several State Holidays that are important to the state’s cultural and historical identity. These holidays may result in closures of government offices and public institutions, though private employers are not legally required to provide paid time off or holiday pay for state holidays. Many employers, however, choose to offer paid leave or additional compensation for employees who work on these days as part of their benefits package. The observance of these state holidays often reflects local traditions and celebrations, and employees are encouraged to consult their company’s specific holiday policies for guidance on time off.
Holiday
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Patriots’ Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
Evacuation Day
Bunker Hill Day
Date
January 1 (Wednesday)
January 20 (Monday)
February 17 (Monday)
April 21 (Monday)
May 26 (Monday)
July 4 (Friday)
September 1 (Monday)
October 14 (Monday)
November 11 (Tuesday)
November 28 (Thursday)
December 25 (Wednesday)
March 17 (Monday)
June 17 (Tuesday)