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SD 773

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

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

Massachusetts bill requiring employers grant employees paid leave for probate and family court appearances without penalty or retaliation.

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Bill Summary · SD 773

Legislative bill overview

SD 773 would require employers in Massachusetts to provide employees with paid leave to appear as a party, witness, or representative in probate and family court proceedings. The bill specifies that employees cannot be penalized, disciplined, or terminated for taking such leave, and employers cannot require employees to use vacation or personal time for court appearances.

Why is this important

Family and probate court matters—including custody disputes, divorce proceedings, and estate administration—often require multiple court appearances during business hours. Without explicit legal protection, employees may face workplace retaliation or financial pressure to miss work, potentially compromising their ability to adequately represent their interests or family matters in court. This bill addresses a gap in existing Massachusetts leave protections, which currently cover jury duty and voting but not civil court participation.

Potential points of contention

  • Business burden: Small employers and those with limited staffing may face operational challenges accommodating multiple employee absences, particularly if several employees have concurrent court cases
  • Scope and limits: The bill does not specify reasonable limits on leave duration or frequency, raising questions about whether an employee with prolonged litigation could take indefinite paid time off
  • Definition of "representative": Ambiguity about who qualifies as a "representative" (attorney, paralegal, lay advocate, family member) could create compliance uncertainty and potential disputes

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

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