© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 157 2. Massachusetts Employees Testifying in a Criminal Action Employers may not discharge or penalize employees on account of absences for witness service in criminal actions.956 An employer that violates this rule may be punished by a fine of $200.00 or less or by imprisonment for one month or less, or both a fine and imprisonment.957 The statute is silent on whether an employer must pay an employee who misses work because they are subpoenaed to testify in a criminal action, suggesting that there is no such obligation. 3. Leave for Veterans Participating in Memorial Day or Veterans Day Activities All private Massachusetts employers are required to grant a leave of absence to employees who are veterans and wish to participate in a Memorial Day or Veterans Day exercise, parade, or service.958 For Memorial Day, the leave of absence must provide eligible employees sufficient time to participate in such services in their community of residence.959 For Veteran’s Day, employers must provide eligible employees the entire day off to observe the holiday.960 Whether the absence is paid or unpaid is at the discretion of the employer.961 Effective November 7, 2018, an employer is not required to grant leave to an employee whose services are “essential” to public health or safety and determined to be essential to the safety and security of the employer or its property.962 4. Military Leave In 2014, the legislature repealed the Massachusetts law requiring employers to provide leave to employees who are members of organized units of the ready reserve of the armed forces of the United States. However, employers still must comply with the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which imposes military leave 956 M.G.L. ch. 268, § 14B (employers may not “discharge or penalty or the threat of discharge or penalty on account of the absence of such employee from employment by reason of his attendance as a witness at a criminal action.””); M.G.L. ch. 258B, § 3(l). 957 M.G.L. ch. 268, §§ 14A and 14B; M.G.L. ch. 258B, § 3(l). Federal law protects employees who are selected to serve on a federal grand jury. The federal statute states: “No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States.” 28 U.S.C. § 1875(a). Employers that violate the statute (1) are “liable for damages for any loss of wages or other benefits . . . ”; (2) “may be enjoined from further violations of [the jury duty statute] and ordered to provide other appropriate relief,” including reinstatement of a discharged employee; and (3) may “be subject to a civil penalty of not more than $5,000 for each violation as to each employee . . . .” 28 U.S.C. § 1875(b). 958 M.G.L. ch. 149, § 52A 1/2. For purposes of this law, the term “veterans” refers to veterans as defined by M.G.L. ch. 4, § 7 as well as members of a department of war veterans listed in M.G.L. ch. 8, § 17. 959 Id. 960 Id. 961 Id. 962 St. 2018 ch. 218, § 37.
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