Crime Victim Leave Laws in Massachusetts

Federal law does not create a standalone crime victim leave entitlement. However, the Crime Victims' Rights Act (18 U.S.C. § 3771) grants victims certain rights in federal criminal cases, including the right to be reasonably heard at public proceedings. The Family and Medical Leave Act (FMLA, 29 U.S.C. § 2601) does not cover crime victim leave explicitly. Some federal employees may have leave rights under their agency's policies or under 5 U.S.C. § 6329 (crime victim leave for federal employees), which allows up to 10 days of paid leave per year for purposes related to being a crime victim.

The EEOC and DOL do not enforce federal crime victim leave protections in the private sector. Therefore, private employers have no federal mandate to provide crime victim leave, though some states and localities have enacted their own protections. Massachusetts is one of the states providing statutory protection.

Massachusetts General Laws Chapter 149, Section 24L is the primary statute governing crime victim leave. This state law is significantly stronger than the federal baseline because it creates an affirmative employer obligation to allow unpaid leave, whereas federal law provides no such requirement for private sector employees.

Massachusetts law covers all employers, regardless of size. The statute defines a crime victim as a person who has suffered direct physical, emotional, or economic injury as a result of the commission of a crime. Employees are entitled to unpaid leave to attend criminal proceedings, to obtain services from a victim services provider, to obtain mental health counseling, to obtain physical health services, or to attend training provided by a victim services organization or court.

The law is broader than typical federal victim protections because it covers both preparation for and attendance at proceedings, as well as victim support services. Massachusetts law explicitly prohibits retaliation or discrimination for exercising crime victim leave rights under Chapter 149, Section 24M. Remedies under Massachusetts law include reinstatement, back pay, and damages for wrongful discharge. Employees can also recover attorney fees and court costs if they prevail in a lawsuit.

Unlike some states that cap leave or limit it to certain crime types, Massachusetts provides no explicit numerical limitation on leave days per year or per occurrence. The statute requires only that employees provide reasonable notice when practicable, giving employers discretion to determine what constitutes reasonable notice based on circumstances.

Massachusetts law does not provide exceptions that permit employers to deny crime victim leave where an employee has provided reasonable notice. However, practical limitations exist: employers are not required to provide paid leave unless they voluntarily choose to do so. Additionally, the leave entitlement applies only to activities directly related to the crime victim's status—attending legal proceedings, obtaining victim services, receiving counseling, or participating in training. Leave taken for unrelated personal matters is not protected.

The statute does not protect leave taken for crimes that are civil (not criminal) in nature, such as civil harassment or breach of contract disputes. Employers may require verification of the employee's status as a crime victim and the necessity of the requested time off, though the statute does not specify what verification is permissible. If an employee repeatedly requests leave for purposes unrelated to their crime victim status, an employer may investigate. However, once the employer has reasonable grounds to believe the employee is a crime victim, the employer cannot condition the grant of leave on proof of identity of the accused or conviction of the accused.

The law does not apply to employees who are witnesses to a crime but are not themselves victims. Witness leave is governed separately. Additionally, leave under this statute is unpaid; employers have no obligation under Chapter 149, Section 24L to provide paid leave, though they may do so voluntarily or as part of a collective bargaining agreement.

Step 1 — Document Your Crime Victim Status and Leave Requests. Keep records of any incident reports filed with police (incident number, date, responding officer), orders of protection or restraining orders, communications from the victim services provider or court system, any written requests for leave you submitted to your employer, dates and purposes of leave taken, and any employer responses or discipline that followed. Email is preferable because it creates a time-stamped record.

Step 2 — Notify Your Employer of Your Need for Leave. Provide reasonable notice of your need for crime victim leave when practicable. This means informing your supervisor or HR department as soon as possible and explaining that you need leave to attend a criminal proceeding or access crime victim services. You do not need to disclose all details of the crime but should communicate that you are exercising rights under Massachusetts General Laws Chapter 149, Section 24L. Keep a copy of any written notice you provide. Document the date, time, and method of your notice (email, in-person, phone, etc.).

Step 3 — Understand Your Employer's Response. Massachusetts law does not require employers to approve leave verbally; however, failure to allow leave once notice is given is a violation. If your employer denies your request, asks for excessive verification, or conditions the leave on matters unrelated to your crime victim status, this may constitute a violation. Request written confirmation of your employer's response. If denied, send a follow-up email stating: 'I am requesting crime victim leave under Massachusetts General Laws Chapter 149, Section 24L for [date/purpose]. I provided reasonable notice on [date]. I expect confirmation that this leave will be approved.'

Step 4 — File a Complaint with the Massachusetts Attorney General's Office. If your employer retaliates against you, discriminates against you, or refuses to allow crime victim leave, file a complaint with the Massachusetts Attorney General's Office, Fair Labor Division. The Fair Labor Division enforces Chapter 149 protections. Call (617) 727-3465 or file online at mass.gov/ago/fair-labor. You will need to provide your name, contact information, employer name and address, dates of the alleged violation, a description of the leave you requested, and how your employer responded or retaliated. There is no statute of limitations explicitly stated in Chapter 24L, but related wrongful discharge claims in Massachusetts follow a three-year statute of limitations.

Step 5 — Consult an Employment Attorney if Necessary. If you are terminated, suspended, or significantly disciplined following your request for crime victim leave, or if the attorney general's office does not resolve the matter, consult an employment attorney licensed in Massachusetts who specializes in retaliation or wrongful termination claims. Many offer free consultations. Bring all documentation from Steps 1-4. An attorney can evaluate whether you have a claim for wrongful discharge in violation of public policy under Massachusetts common law (Gram v. Liberty Mut. Ins. Co., 384 Mass. 659) or statutory retaliation under Chapter 149, Section 24M.