Time off work for medical and family reasons

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Greater Boston Legal Services
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In Massachusetts, you may have the right to take time off of work. Your rights depend on the reason, how long you’ve worked or earned, and your employer. Some laws give paid time off, others unpaid time off.

Most Massachusetts employers offer paid time off through the Paid Family and Medical Leave Act (PFML). Read this article to learn more about which types of time off, or “leave,” you may be eligible for.

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What if I need extended time off because of a serious health condition?

The Paid Family and Medical Leave Act (PFML) may give you up to 20 weeks of paid time off to deal with serious medical health issues. See Am I eligible for paid time off through PFML? and What is considered a serious health condition?

The Family and Medical Leave Act (FMLA) may give you up to 12 weeks of unpaid leave so you can care for yourself if you need to recover from a serious illness. See Am I eligible for unpaid time off through FMLA?

What if I need time off because I’m sick or injured?

The Massachusetts Earned Sick Leave Law gives you 40 hours of time off of work to 

  • recover from an illness,
  • to see a doctor, or
  • care for a sick family member.

Depending on your employer, sick time may be paid. See Sick Time

What if I need time off to care for a sick family member?

The Massachusetts Paid Family and Medical Leave Act (PFML) may give you:

  • Up to 12 weeks of paid leave to care for a family member with a serious health condition.
  • Up to 26 weeks of paid leave to care for the family member if the condition resulted from active military duty.

The Family and Medical Leave Act (FMLA) may give you up to 12 weeks of unpaid leave for family and medical reasons. If you are eligible, you can ask your employer for FMLA leave so you can care for a family member with a serious medical condition.
 

What if I have a new baby or just adopted a child?

The Massachusetts Paid Family and Medical Leave Act (PFML) may give you up to:   

  • 12 weeks of paid leave to bond with a new child.
  • 20 weeks of paid medical leave to address your own serious health condition, including medical complications from pregnancy or birth.

If you do not qualify for PFML, you may qualify for the Massachusetts Parental Leave Act (MPLA). 

The MPLA gives you up to 8 weeks of unpaid leave after the birth or adoption of a child. Your employer can make you take all 8 weeks at once. To qualify you must:

  1. Work for an employer with at least 6 employees. And,
  2. Complete your probationary period. The probationary period can be 6 months or less. If your work does not have probation, you must work full time, for the same employer, for at least 3 months in a row.

The Family and Medical Leave Act (FMLA) may give you up to 12 weeks of unpaid leave to care for a new child. You do not have to take the 12 weeks all together or immediately after the child’s arrival. 

What if I need to take time off because of domestic violence?

The Massachusetts Domestic Violence Leave Act (DVLA) gives you 15 days off of work if you or a family member has experienced abuse, abusive behavior, or domestic violence. These 15 days may be unpaid. You can also take time off to deal with domestic violence using earned sick time.

See Can I take time off from work to deal with domestic violence?

Can I get time off for regular family responsibilities?

Yes, if you are eligible. The Small Necessities Leave Act (SNLA) may give you up to 24 hours each year off from work to go:

  • To your child’s education-related school activities.
  • With your child to doctor or dentist appointments. 
  • With your elderly relative to doctor or dentist appointments.

See Time off to take care of family responsibilities.

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