Massachusetts Bereavement Leave Laws

In Massachusetts, bereavement leave policies are primarily determined by individual employers, as there is no current state or federal law mandating such leave. However, legislative efforts are underway to establish bereavement leave requirements. This article provides a comprehensive overview of bereavement leave in Massachusetts, addressing key aspects such as eligibility, qualifying events, duration, and compensation.

What is Paid Bereavement Leave?

Paid bereavement leave is time off granted to employees following the death of a family member, during which they receive their regular wages. This leave allows individuals to grieve, attend funeral services, and manage related personal affairs without financial hardship.

Does Massachusetts Have Bereavement Leave Laws That Differ from Federal Bereavement Leave Laws?

As of now, Massachusetts does not have specific laws mandating bereavement leave, aligning with federal regulations that also do not require such leave. However, legislative developments indicate potential changes. Bill S.2562, titled “An Act relative to bereavement leave,” proposes to amend Chapter 149 of the General Laws by adding Section 52F, which would require employers to permit employees to take bereavement leave following the death of a family member. The bill defines “bereavement” as leave taken to grieve or make arrangements necessitated by the death of a family member. It specifies that leave must be initiated within 30 days of the employee receiving notice of the death and allows employers to determine whether the leave is paid or unpaid. Notably, employers with fewer than 25 employees would not be required to comply with this section. As of January 22, 2024, the bill has been reported favorably by the committee on Labor and Workforce Development and referred to the committee on Senate Ways and Means. If enacted, this legislation would establish state-mandated bereavement leave, differing from current federal laws. 

What Counts as a Qualifying Event for Bereavement Leave in Massachusetts?

Under the proposed Bill S.2562, a qualifying event for bereavement leave is the death of a “family member,” defined as a child, parent, guardian, sibling, spouse, or a person in a substantive dating or engagement relationship with the employee who resides with the employee. This definition encompasses a broad range of familial relationships, ensuring that employees can take leave for significant losses. 

Are There Requirements to be Eligible for Bereavement Leave in Massachusetts?

Eligibility requirements under the proposed legislation include:

• Employer Size: The employer must have 25 or more employees. Employers with fewer than 25 employees are exempt from the requirements of this section.
• Relationship to the Deceased: The deceased must be a “family member” as defined by the legislation.

Employees should consult their employer’s bereavement leave policy to understand specific eligibility requirements, especially in the absence of enacted legislation.

How Much Bereavement Leave Time are Employees Entitled to in Massachusetts?

The proposed Bill S.2562 allows employees to take up to 10 business days of bereavement leave within any 12-month period. This leave can be used consecutively or non-consecutively, providing flexibility to employees based on their needs. The leave must be initiated within 30 days of the employee receiving notice of the death of a family member. 

Who is Considered Immediate Family for Bereavement Leave in Massachusetts?

The proposed legislation defines “family member” as:

• Child: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.
• Parent: A biological, adoptive, or foster parent, a stepparent, or a legal guardian of an employee or an employee’s spouse or a person who stood in loco parentis when the employee was a minor child.
• Guardian: An individual who has been appointed as a legal guardian.
• Sibling: A brother or sister, whether related by whole or half blood, adoption, or step relationship.
• Spouse: A husband or wife as defined or recognized under state law for purposes of marriage.
• Person in a Substantive Dating or Engagement Relationship: An individual who is in a significant romantic relationship with the employee and resides with the employee.

This comprehensive definition ensures that employees can take bereavement leave for a wide range of significant relationships. 

Is Bereavement Leave Required to be a Paid Leave in Massachusetts?

The proposed legislation grants employers the discretion to determine whether bereavement leave is paid or unpaid. This means that while employers are required to provide the leave, they are not mandated to compensate employees during this period unless they choose to do so. 

Does Bereavement Leave Have to Be Taken Within a Certain Timeframe in Massachusetts?

Yes, under the proposed Bill S.2562, bereavement leave must be initiated within 30 days of the employee receiving notice of the death of a family member. This provision ensures that the leave is taken in close proximity to the event, allowing employees to address immediate needs related to the loss. 

Who Pays for Paid Bereavement Leave in Massachusetts?

If an employer chooses to offer paid bereavement leave, the employer bears the cost. The proposed legislation does not require employers to provide paid leave; therefore, any compensation during bereavement leave is at the employer’s discretion.

Conclusion

Currently, Massachusetts does not mandate bereavement leave, leaving such policies to the discretion of individual employers. However, the proposed Bill S.2562 aims to establish a statutory requirement for bereavement leave, defining eligibility, duration, and the scope of relationships covered. Employees and employers should stay informed about the progress of this legislation, as its enactment would introduce new obligations and rights concerning bereavement leave in the state. In the meantime, it is advisable for employees to review their company’s bereavement leave policies and for employers to consider implementing compassionate leave policies to support their workforce during times of loss.