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Bill

S 1378

An Act relative to employee leave of absence to appear in probate and family court

194th Legislature (2025-2026) Introduced by John Velis

Requires Massachusetts employers to provide paid leave for employees appearing in probate and family court proceedings without penalty or retaliation.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 1378

Legislative bill overview

S 1378 requires employers in Massachusetts to grant employees paid leave to appear as parties, witnesses, or participants in probate and family court proceedings. The bill mandates that such leave be treated as paid time off without penalty to the employee, and prohibits employers from retaliating against workers who use this leave.

Why is this important

Access to court proceedings is a fundamental right, but many employees cannot afford unpaid time off to handle family law matters like divorce, custody disputes, or estate proceedings. This bill removes a financial barrier that could otherwise force workers to choose between their legal interests and their paychecks, particularly impacting lower-wage employees who lack paid time off flexibility.

Potential points of contention

  • Employer burden: Small businesses may face administrative costs and staffing challenges managing unpredictable court appearances, particularly if multiple employees need leave simultaneously
  • Definition and scope: The bill's language around what qualifies as necessary court participation could be ambiguous—questions may arise about whether all probate/family court matters warrant paid leave or only certain types
  • Verification concerns: Employers may worry about verifying legitimate court appearances versus potential abuse, and the bill's enforcement mechanisms against false claims are unclear

Compiled from official sources — confirm details with the bill’s official record.

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