Bereavement Leave Laws in Massachusetts: What Employers Must Allow

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, is the primary federal law addressing leave related to family deaths. The FMLA applies to employers with 50 or more employees within 75 miles and covers employees who have worked there for at least 12 months and 1,250 hours in the past 12 months.

Under FMLA, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave within a 12-month period for several reasons, including the death of a spouse, child, or parent. The law does not extend to the death of grandparents, siblings, in-laws, or other extended family members unless the employee needs leave to care for them during their illness.

The Department of Labor (DOL) enforces the FMLA. Employers covered by FMLA must maintain health insurance benefits during leave and restore employees to their original position or an equivalent position upon return. However, the FMLA does not require paid leave—only job protection. Many employers voluntarily provide paid bereavement leave as a benefit, but federal law does not mandate it.

If an employee is not covered by FMLA (for example, working for a smaller employer), the employee has no federal statutory right to bereavement leave, paid or unpaid.

Massachusetts does not have a state law mandating paid or unpaid bereavement leave. Massachusetts General Laws Chapter 149 governs wage and hour protections, but it does not establish bereavement leave requirements. This means Massachusetts employers are not legally required to provide bereavement leave, whether paid or unpaid, except where a collective bargaining agreement or company policy specifically provides it.

However, Massachusetts law does protect employee rights in other related contexts. For example, Massachusetts employers cannot discharge, suspend, or discriminate against an employee for serving on jury duty, attending court as a witness, or responding to a subpoena. While this does not directly address bereavement leave, it reflects a principle that Massachusetts recognizes certain responsibilities requiring time away from work.

In practice, many Massachusetts employers—particularly larger employers and those in competitive labor markets—voluntarily offer bereavement leave as a recruitment and retention benefit. Such policies may cover the death of immediate family members (spouse, children, parents) and sometimes extended family (siblings, grandparents, in-laws). The scope and duration of paid bereavement leave varies by employer.

Union-represented employees in Massachusetts may have stronger bereavement leave protections through their collective bargaining agreements. For example, some public sector unions have negotiated paid bereavement leave for multiple days. Non-union employees must rely on employer policy or federal FMLA protections if eligible.

Massachusetts does provide other leave protections: the state has paid family and medical leave (effective July 1, 2021) under Chapter 149, § 105L, but this covers employees' own serious health conditions, care for family members, or parental leave—not bereavement specifically. However, if an employee needs to arrange funeral services or handle estate matters, this could potentially be argued as covered under paid family leave for "exigency leave" in limited circumstances.

Massachusetts employers have no legal obligation to provide bereavement leave under state law. This means an at-will employee can be terminated for taking unpaid time off for a family death, unless the employer has a written policy or the employee is covered by FMLA.

FMLa exceptions: The law does not cover deaths of grandparents, siblings, aunts, uncles, cousins, or other extended family unless the employee must take leave to care for them during a serious health condition. The death of a spouse's parents, stepchildren, or stepparents is also not covered by FMLA unless there is a caregiving relationship.

Small employer exception: Employers with fewer than 50 employees within a 75-mile radius are not covered by FMLA. In these cases, employees have no federal statutory right to bereavement leave unless state law or company policy provides it.

Employment status exceptions: FMLA only applies to employees who have worked for the employer for at least 12 months and completed 1,250 hours of service in the past 12 months. Part-time and newer employees may not qualify. Independent contractors and temporary workers are also excluded.

Union and collective bargaining exception: Union-represented employees may have stronger bereavement protections negotiated in their contract, which may include paid leave for extended family members or longer durations than non-union coworkers.

Retaliation exception: While Massachusetts does not mandate bereavement leave, employers cannot retaliate against employees for taking time off in response to a death or for requesting FMLA leave. Retaliation claims can proceed under FMLA or wrongful termination theories.

Step 1: Document the death and your need for leave. Gather the death certificate or funeral service information, dates needed, and relationship to the deceased. Keep copies of any emails or messages requesting time off from your supervisor. If your employer has a bereavement policy, save a copy of it. Document any statements by management about whether the leave is paid or unpaid.

Step 2: Notify your employer as soon as possible. Provide written notice (email is acceptable) stating the name of the deceased, your relationship, and the dates you need off. Ask your supervisor or human resources department whether bereavement leave is available under company policy and whether it is paid. Request a written confirmation of their response. If your employer denies leave or threatens retaliation, document this in writing.

Step 3: Determine which agency to file with if your employer denies leave or retaliates. If you are covered by FMLA (employer has 50+ employees, you have worked there 12 months and 1,250 hours), file an FMLA complaint with the U.S. Department of Labor Wage and Hour Division (WHD). The federal filing deadline is generally two years from the violation (three years for willful violations). File online at www.dol.gov/agencies/whd or call 1-866-4-USDOL (1-866-487-3652). Alternatively, you may file a private lawsuit under FMLA in federal or state court. If you experienced retaliation for requesting FMLA leave, you can file both a WHD complaint and a retaliation lawsuit.

Step 4: Expect the investigation process to take 30-90 days. The DOL WHD will contact your employer for records of your leave requests, pay stubs, and employment terms. They may interview you and your employer separately. The WHD investigator will determine whether you were entitled to FMLA leave and whether the employer violated the law. If a violation is found, the WHD may seek back pay, damages, and attorney fees on your behalf (without requiring you to hire a lawyer). If no federal law applies, the DOL cannot help, but you may still pursue a wrongful termination or breach of contract claim in state court.

Step 5: Consult an employment attorney if your employer denies leave, retaliates, or if you were terminated. A Massachusetts employment lawyer can evaluate whether you have a claim under FMLA, wrongful termination at common law, or contract breach if the employer promised bereavement leave. An attorney can also advise on timing—you must file a federal FMLA claim within two years (or three years if willful). Initial consultations are often free. Many employment attorneys work on contingency (no fee unless you win).