Massachusetts Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025

Employees are entitled to sick leave under the state’s Earned Sick Time Law.

Eligibility and Accrual: Employees earn one hour of sick leave for every 30 hours worked, up to a maximum of 40 hours per year. Employers with 11 or more employees must offer paid sick leave, while those with fewer than 11 employees are only required to offer unpaid sick leave.

Permitted Use: Sick leave can be used for:

• The employee’s own illness, injury, or medical appointments.
• Caring for a child, spouse, parent, or other close family member who is ill or injured.
• Addressing the effects of domestic violence, sexual assault, or stalking, including legal proceedings, medical treatment, or counseling.

Employers are prohibited from retaliating against employees who take sick leave, and employees can carry over unused sick leave from one year to the next, although employers are not required to allow the use of more than 40 hours of sick leave in a year.

Paid Family and Medical Leave (PFML) program provides paid time off for eligible employees to handle specific family or medical needs.

Eligibility: Employees are eligible for PFML if they’ve earned at least $6,000 in the last four calendar quarters before applying and worked for an employer that pays into the PFML program.

Types of Leave Covered:

• Medical Leave: Up to 20 weeks of paid leave is available for an employee’s own serious health condition that prevents them from working.
• Family Leave: Employees can take up to 12 weeks of paid family leave to bond with a new child, care for a family member with a serious health condition, or handle matters related to a family member’s military deployment.
• Combined Leave: Employees can take up to 26 weeks of combined paid family and medical leave in a single benefit year.

Leave Benefits: Employees receive a percentage of their average weekly wages during their leave, with a maximum weekly benefit amount that adjusts annually. Effective January 1, 2025, the maximum weekly benefit under the PFML program will increase to $1,170.64 per week, up from $1,149.90. Contribution rates for employers remain unchanged.

Job Protection: Employees taking PFML are entitled to return to their same or equivalent job after leave and retain their health insurance benefits during the leave period, as long as they continue to pay their share of the premium.

Massachusetts does not have a specific statewide law mandating bereavement leave, which means the provision of such leave largely depends on individual employer policies. However, many employers voluntarily offer this type of leave as part of their benefits package.

Massachusetts protects certain emergency responders under Emergency Response Leave, ensuring they are not penalized at work for responding to emergencies. 

• Eligibility: Volunteer firefighters, EMTs, and emergency medical services (EMS) volunteers are protected under this law when responding to an emergency call or a declared emergency.
• Protection Against Disciplinary Actions: Employers are prohibited from disciplining, terminating, or otherwise penalizing employees who miss work due to their emergency response duties. 
• Conditions: Employees must provide proof of their emergency responder status, and employers may request documentation confirming their involvement in the emergency. Workers are expected to notify their employer as soon as possible if they will be absent due to an emergency response.

While the law protects emergency responders from job penalties, it does not require the leave to be paid unless the employer’s policy stipulates otherwise.

Massachusetts law does not specifically mandate donor leave for employees. However, under federal protections such as the Family and Medical Leave Act (FMLA), qualified employees may take unpaid leave for organ or bone marrow donation. 

Massachusetts law does not require private employers to provide holiday leave, whether paid or unpaid. However, certain industries, such as retail, have specific rules regarding work on legal holidays, and federal employees observe federal holidays

Massachusetts law does not require employers to provide vacation leave. However, if an employer chooses to offer vacation leave, it is considered wages once accrued, and the employer must comply with the rules set by state labor laws regarding payment and accrual.

The Small Necessities Leave Act (SNLA) in Massachusetts provides eligible employees with up to 24 hours of unpaid leave per year to attend to certain family-related activities that are not covered under the federal Family and Medical Leave Act (FMLA). This law helps employees manage personal obligations while maintaining job protection.

Eligibility: Employees who are eligible for leave under the FMLA are also eligible for Small Necessities Leave. Typically, this applies to employees who have worked at least 1,250 hours in the previous 12 months for an employer with 50 or more employees.

Permitted Uses: The 24 hours of leave can be used for:

• Attending a child’s school activities, such as parent-teacher conferences.
• Accompanying a child to routine medical or dental appointments.
• Attending to the care needs of an elderly relative, including accompanying them to medical appointments or care planning.

This leave is generally unpaid unless the employer allows the employee to use accrued paid leave, such as vacation or personal days, for these activities.

Job Protection: Employees are entitled to return to their same or equivalent position after taking Small Necessities Leave, with no loss of benefits or seniority.

Massachusetts does not have a state law mandating volunteering leave, meaning employers are not required to provide paid or unpaid time off for employees to engage in volunteer activities. However, some employers may offer volunteering leave as part of their benefits package, especially to promote community engagement and corporate social responsibility.

In Massachusetts, employees who serve in the military are not penalized at work for their service. The primary laws governing military leave include the Uniformed Services Employment and Reemployment Rights Act (USERRA) at the federal level and Massachusetts-specific protections for service members.

• Eligibility: Massachusetts employees who serve in the U.S. Armed Forces, including the National Guard and Reserves, are entitled to military leave. This includes periods of active duty, training, and other military obligations.
• Job Protection: Under USERRA and Massachusetts law, service members are entitled to be reinstated to their job (or an equivalent position) upon returning from military service. They must apply for reemployment within a set timeframe, depending on the length of their military service.
• Pay and Benefits: Military leave is generally unpaid, but employees can opt to use accrued paid leave (such as vacation or personal days) during their military absence. Health insurance benefits can be maintained for up to 24 months, but employees may be required to pay part or all of the premium after a certain period.
• State-Specific Protections: Massachusetts law offers additional protections to members of the state’s National Guard or Reserve. State employees, for example, may receive up to 17 days of paid military leave per year for training or service-related obligations.

Massachusetts law does not require employers to provide voting leave for employees, meaning there is no state mandate for time off—paid or unpaid—specifically to vote. However, Massachusetts strongly encourages employers to allow employees time to vote, especially in cases where employees may have difficulty reaching the polls during non-working hours.

Massachusetts law requires employers to provide jury duty leave for employees called to serve on a jury. This leave is job-protected, meaning employees cannot be penalized, fired, or disciplined for attending jury duty. 

Job Protection: All Massachusetts employees are entitled to unpaid leave for the entire duration of their jury service. Employers are prohibited from firing, demoting, or otherwise penalizing employees for serving on a jury.

Payment for Jury Duty:

• For the first three days of jury duty, employers are required to pay employees their regular wages.
• After the first three days, employees are no longer entitled to compensation from their employer, but they may receive a small stipend from the state for continued jury service.

Notice Requirements: Employees are expected to notify their employer as soon as possible after receiving a jury summons. Employers must accommodate the absence without retaliation.

Massachusetts law grants employees witness leave to attend court proceedings if they are required to testify as a witness.

• Eligibility: Any employee who is subpoenaed or ordered to appear in court as a witness is entitled to take leave. This applies to both criminal and civil cases.
• Job Protection: Employers are required to provide unpaid leave for the duration of the employee’s court attendance as a witness. The law prohibits employers from firing, disciplining, or retaliating against employees who take time off for this purpose.
• Payment: Witness leave is generally unpaid, but employees may use accrued vacation or personal days if the employer allows it. The law does not require employers to provide paid leave unless part of the company’s internal policy.

Massachusetts law provides employees with Domestic Violence or Sexual Assault Leave to ensure that victims of domestic violence, sexual assault, stalking, or kidnapping, or their family members, can take time off to address the impacts of these situations.

Eligibility: Any employee, or a family member of an employee, who is a victim of domestic violence, sexual assault, or related crimes, is eligible for this leave. Family members include spouses, parents, children, siblings, grandparents, and individuals in similar relationships.

Duration and Pay: Employees are entitled to up to 15 days of leave per year. This leave may be unpaid unless the employer’s policy provides for paid leave. Employees can use accrued paid leave (such as sick days or vacation) if they choose.

Permitted Uses: Leave can be used for various activities related to the abuse, including:

• Seeking medical attention.
• Obtaining counseling or victim services.
• Attending legal proceedings or court appearances.
• Relocating or taking other actions to ensure safety.

Notice Requirements: Employees must notify their employer as soon as possible about the need for leave unless there is an imminent danger to the health or safety of the employee or their family member.

Job Protection: The law prohibits retaliation against employees for taking leave and ensures that they can return to their same or equivalent position upon their return.

Massachusetts does not currently have local or city-specific minimum wage laws, which means the statewide minimum wage of $15.00 per hour applies uniformly across all cities and towns in the state. 

• Starting July 1, 2025, employers in Massachusetts with 25 or more employees must include pay ranges in all job postings.
• In addition, employees are entitled to request the pay range for their position, and companies with 100 or more employees must submit pay and demographic data annually starting February 1, 2025.

• Tipped Employees: Workers who receive more than $20 per month in tips can be paid a base wage of $6.75 per hour. The rest of their earnings must come from tips, but their total pay (including tips) must equal or exceed the full minimum wage of $15.00 per hour. If it does not, the employer must make up the difference.
• Workers with Disabilities: Massachusetts follows federal guidelines under the Fair Labor Standards Act (FLSA), allowing employers to pay employees with disabilities less than the minimum wage if they receive a special wage certificate from the U.S. Department of Labor. This is often used when the worker’s productivity is affected by their disability.
• Student Workers and Interns: Employers can also pay certain student workers or interns at a sub-minimum wage, typically related to the work-study programs or educational initiatives, although they must still meet specific regulatory guidelines.

• Agricultural Workers: Employees engaged in agricultural work are exempt from the full minimum wage and instead have a lower minimum wage of $8.00 per hour. 
• Executives, Professionals, and Administrative Employees: Salaried workers who hold executive, administrative, or professional roles are often exempt from both the minimum wage and overtime requirements, provided they meet specific criteria set by state law. 
• Outside Salespeople: Workers primarily engaged in outside sales (spending most of their time away from the employer’s place of business) are also exempt from minimum wage requirements. 
• Religious and Nonprofit Workers: Individuals employed by religious, educational, or charitable organizations in certain training or apprentice programs may also be exempt from the minimum wage laws. 
• Minors and Student Workers: Certain exceptions exist for student workers or employees under the age of 18, depending on the type of work they perform and the number of hours they work per week. However, Massachusetts generally holds strict rules for child labor, which ensure that minors are protected, even if they earn less than the full minimum wage in specific roles.

Massachusetts is an at-will employment state, which means employers or employees can end employment for any reason, as long as it is not illegal (e.g., based on discrimination). However, written contracts or collective bargaining agreements may override at-will employment protections.

Massachusetts is not a right-to-work state. Employees in unionized workplaces may be required to join the union or pay union dues as a condition of employment.

Employers in Massachusetts may conduct background checks and drug testing, but they must comply with state and federal laws:

• Criminal Background Checks: The Criminal Offender Record Information (CORI) system allows employers to check criminal records, but Massachusetts law limits what employers can inquire about (e.g., they cannot ask about certain misdemeanors or arrests that did not result in a conviction).
• Drug Testing: There are no specific Massachusetts laws that govern drug testing, but employers must adhere to federal guidelines and privacy considerations. Drug testing is commonly used in safety-sensitive industries.

Employers in Massachusetts must comply with federal and state Equal Employment Opportunity (EEO) laws, prohibiting discrimination in hiring, firing, and all other aspects of employment.

Employers in Massachusetts may not discriminate against job applicants based on:

• Race, color, national origin
• Religion or creed
• Gender, gender identity, sexual orientation
• Disability or genetic information
• Pregnancy or pregnancy-related conditions
• Age (over 40)