Domestic Violence Leave Laws in Massachusetts

Federal law does not provide a standalone domestic violence leave entitlement. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., may apply if domestic violence-related absences qualify as a serious health condition or if the employee needs leave to escape domestic violence and relocate. The FMLA applies to employers with 50 or more employees and covered employees may take up to 12 weeks of unpaid leave in a 12-month period.

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting discrimination based on sex, which can include harassment related to domestic violence. However, there is no federal affirmative right to domestic violence leave. Several states, including Massachusetts, have enacted stronger protections that exceed the FMLA by explicitly creating a statutory right to domestic violence leave. Massachusetts goes beyond federal law by explicitly protecting employees who need to address domestic violence, sexual assault, or stalking, whether or not these circumstances qualify as a serious health condition under the FMLA.

Massachusetts General Laws Chapter 149, Section 24L provides significantly stronger protections than federal law. Under this statute, employees are entitled to reasonable leave to address domestic violence, sexual assault, or stalking. The law applies to employers with 50 or more employees within the commonwealth, or 75 or more employees nationwide.

Unlike federal law, Massachusetts does not require the absence to qualify as a serious health condition. The statute explicitly allows leave for: receiving medical care or counseling; attending court proceedings related to the abuse; obtaining restraining orders; seeking relocation or housing; and arranging childcare and school alternatives for safety purposes. Employees can use accrued paid leave if available, but employers cannot require it.

Massachusetts General Laws Chapter 149, Section 150 provides additional protection by prohibiting retaliation. Employers cannot discharge, threaten, or discriminate against an employee for exercising domestic violence leave rights. This includes taking leave, filing a complaint, or giving testimony related to domestic violence.

The state law is significantly stronger than federal protections because it creates an explicit, affirmative right to leave without requiring the absence to meet the serious health condition standard of the FMLA. Additionally, Massachusetts protects employees from discrimination and retaliation in connection with the leave itself, not merely in hiring or promotion decisions. Remedies under state law include reinstatement, back pay, and damages for violations.

Employers with fewer than 50 employees in Massachusetts (or 75 nationwide) are not covered by the statutory domestic violence leave requirement under Section 24L. However, they may still face liability under other Massachusetts employment laws prohibiting discrimination and retaliation if they punish an employee for domestic violence-related absences.

The statute does not apply to situations where the domestic violence does not affect the employee's ability to work or does not necessitate absence from work. Employees must actually use leave for a purpose specified in the statute: medical treatment, legal proceedings, relocation, safety planning, or counseling.

Employers may require reasonable notice of the need for leave, unless providing notice would endanger the employee. Employees can be required to comply with attendance or notice policies to the extent possible without jeopardizing their safety.

The law does not prevent employers from making employment decisions based on conduct that violates workplace policies, provided the decision is not retaliatory and is not based on the employee's status as a domestic violence victim or the employee's use of protected leave. Employers may investigate absences, but not in a manner that threatens the employee's safety or reveals the employee's domestic violence situation to colleagues without consent.

Union agreements may provide additional or different protections. Employees in the military or in certain federal employment positions may have different leave entitlements under federal law.

Step 1: Document Everything. Keep records of all domestic violence-related absences, the date you requested leave, how your supervisor responded, any denial of leave, and any adverse employment actions that followed (termination, demotion, reduced hours, negative performance reviews, or harassment). Save emails, text messages, schedules, and written statements showing the timeline. Document retaliation: threats, derogatory comments about your situation, changes in work assignments, or exclusion from opportunities after your employer learned about your leave request.

Step 2: Attempt Internal Resolution. Notify your employer in writing (email or letter) that you need domestic violence leave under Massachusetts General Laws Chapter 149, Section 24L. Provide as much detail as you feel safe sharing; you do not need to disclose specifics about the abuse. Request the leave in writing and keep a copy. If your employer denies the leave or retaliates, document this denial and the retaliation in detail. Follow your company's grievance procedure if one exists, but this is not required to file an external complaint.

Step 3: File a Complaint with the Massachusetts Commission Against Discrimination (MCAD). Visit the MCAD website at www.mass.gov/service-details/file-complaint or call 617-994-6000. You must file within 300 days of the alleged violation (retaliation or denial of leave). The complaint must include: your name and contact information, your employer's name and address, the date(s) of the violation, a description of what happened, the names of witnesses if applicable, and copies of supporting documents. You can file electronically or by mail. Filing is free.

Step 4: Expect the Investigation Process. The MCAD will acknowledge receipt of your complaint and assign an investigator. The investigator will contact you and your employer to gather evidence. This typically takes 3-6 months. You will be asked for additional documentation and may participate in an interview. Your employer will respond to the allegations. The investigator will examine your employment records, witness statements, and the company's attendance and retaliation policies. You will receive a preliminary investigation report. If the MCAD finds reasonable cause to believe a violation occurred, the parties may attempt conciliation (settlement) before formal hearings.

Step 5: Consult an Employment Attorney. Contact an employment lawyer licensed in Massachusetts who specializes in wrongful termination, discrimination, or retaliation if: your employer fires you after you request leave; you face significant retaliation; the MCAD investigator suggests a violation occurred; or you want to pursue additional remedies beyond the MCAD complaint. An attorney can help you evaluate damages (back pay, front pay, emotional distress), file in court, and negotiate settlements. Many employment lawyers work on contingency (no upfront cost; they take a percentage of recovery). Contact the Massachusetts Bar Association's Lawyer Referral Service at 617-742-0020.