Understanding Bereavement Leave Laws in Massachusetts

There are many laws that apply to businesses-and car enthusiasts as business owners may not always realize it. One of these is comprehensive bereavement leave laws in Massachusetts. Understanding them is key, not only because they are legally binding, but also because car enthusiasts lose family members, just like everyone else. Employees take bereavement leave in the wake of a death to attend the funeral or process their grief and loss. For most workers, this is not a problem, but for business owners, it helps to understand the nuances and details of bereavement leave laws. In addition, there may be industry-specific issues also of which to be aware. This is especially relevant for those in the automotive sector.

Many small businesses operate at the core of the enthusiast/hobby scene, and when it comes to car restoration, owner-entrepreneurs often work out of a shop and do much of the labor themselves. When there’s a death in the family, however, personal loss can put running a small business on hold. Bereavement leave laws in Massachusetts, while not a big issue for the majority of people, can greatly impact these business owners. It’s the law to pay a bereavement leave, and those who don’t can find themselves in legal trouble from the state.

Key Details of Bereavement Leave Laws

Bereavement leave laws in Massachusetts are: These laws only apply to employers with 50 or more employees, as that is the minimum threshold under the Massachusetts Family and Medical Leave Act. They are applicable to all state businesses. For the purposes of these bereavement leave laws, “close relationship” is left up to the employer’s opinion and the HR department’s discretion.

Bereavement leave laws in Massachusetts detail what it is and what it isn’t: Absences may be incremental, or taken a full day at a time, and will still be compensated appropriately.

The purpose of bereavement leave laws in Massachusetts is to allow employees to take time off from work in response to the need to grieve or attend a funeral. It’s not up to the employer to verify this, nor is it up to the employee to provide proof. If an employee calls in and says his or her mother has passed away, there is a grace period of two days (the time it takes a funeral to happen).

One thing to remember about bereavement leave laws in Massachusetts is that an employer does not need to pay out bereavement leave if the employee is not to be paid for the time off, i.e., an independent contractor or subcontractor under Massachusetts law. Also, bereavement leave may be unpaid if the employer has 50 or fewer employees or if the business is too small to have a human resources representative.

However, if the employer timing of bereavement, as required by bereavement leave laws in Massachusetts, is difficult, it’s recommended to work with the individual in a reasonable way during this time of grief. For example, when a sudden death occurs and an employee is supposed to take off from work for the remainder of the week, allow them the grace period of two days to attend the funeral before treating this absence as an unexcused absence. Remember, it’s great to work with the employee and help them through this time of loss. Additionally, it may be possible to allow bereavement leave to be scheduled over a period of time, as to not hit the business so hard with an employee’s absence.