Mass. Gen. Laws » Part I Title IV Chapter 31
Massachusetts General Laws

Mass. Gen. Laws ch. 31, § 37 (2026)

Leaves of absence

✓ current as of July 2026
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Section 37. An appointing authority may grant a permanent employee a leave of absence or an extension of a leave of absence; provided that any grant for a period longer than fourteen days shall be given only upon written request filed with the appointing authority by such person, or by another authorized to request such leave on his behalf, and shall be in writing. The written request shall include a detailed statement of the reason for the requested leave and, if the absence is caused by illness, shall be accompanied by substantiating proof of such illness. A copy of the written grant shall be kept on file by the appointing authority, who shall, upon request, forward a copy thereof to the commission or administrator. No leave of absence for a period longer than three months, except one granted because of illness as evidenced by the certificate of a physician approved by the administrator, shall be granted pursuant to this paragraph without the prior approval of the administrator.

Any person elected to a state office or elected by the people to the office of mayor who is a permanent employee in a civil service position or is employed in a position in any public authority which is supported in whole or in part by public money shall, upon his written request made to the appointing authority, be granted a leave of absence without pay from his civil service position or from his position in such public authority for all or such portion of the term for which he was elected as he may at any time, or from time to time, designate, and shall not, as a result of such election, be suspended or discharged or suffer any loss of rights under the civil service law and rules.

Any person elected to a state office following appointment to a civil service position as a permanent employee who has not completed the statutory probationary period in such position shall, during such probationary period, upon his written request made to the appointing authority, be granted a leave of absence without pay from such position for all or for such portion of the term for which he was elected as he may designate within one month of his election to said office, and shall not, as a result of such election, be suspended or discharged or suffer any loss of rights under the civil service law and rules; provided that such person shall return to such position within one month of completion of the term or terms for which he was elected and that upon such return he shall complete the remaining portion of such probationary period. During such period such person shall be ineligible to take any promotional examination.

Any person who has been granted a leave of absence or an extension thereof pursuant to this section shall be reinstated at the end of the period for which the leave was granted and may be reinstated earlier. If the appointing authority, upon demand of such person, shall fail to reinstate him to his civil service position, such person may request a hearing before the administrator. The administrator shall proceed forthwith to hold such a hearing and to render his decision.

If a person shall fail to return to his civil service position at or before completion of the period for which a leave of absence has been granted under any provision of this section, the appointing authority shall, within fourteen days after the completion of such period, give such person a written notice setting forth the pertinent facts of the case and informing him that his employment in such position is considered to be terminated, whereupon the employment of such person in such position shall terminate. The appointing authority shall file with the administrator a copy of such notice which shall state the date on which the employment of such person should be recorded as having terminated. The provisions of sections forty-one through forty-five shall not apply to a termination made under this paragraph. Nothing in this section shall be deemed to prevent the subsequent reinstatement of such person pursuant to section forty-six.

Notes of Decisions
Cited in 10 cases, 1987–2013 · leading case: Breault v. Chairman of Bd, Fire Commr. of Springfield, 513 N.E.2d 1277 (Mass. 1987).
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Breault v. Chairman of Bd, Fire Commr. of Springfield, 513 N.E.2d 1277 (Mass. 1987). · cites it 4× “In this case, the judge withheld immunity under the Harlow standard because he concluded both that (a) when responding to the plaintiff's request for reinstatement, the defendant was performing a nondiscretionary, ministerial act, clearly mandated in the instant circumstance by…”
Police Comm'r v. Pers. Adm'r of the Dep't of Pers. Admin., 656 N.E.2d 910 (Mass. App. Ct. 1995). · cites it 5× “On August 20, 1986, Medaline Figueroa (Figueroa) was terminated from her employment with the Boston police department (department) for unauthorized absences in violation of G. L. c. 31, §§ 37 & 38. Immediately, Figueroa requested a hearing to contest her termination.”
Breault v. Chairman of the Bd. of Fire Commissioners, 513 N.E.2d 1277 (Mass. 1987). · cites it 4× “In this case, the judge withheld immunity under the Harlow standard because he concluded both that (a) when responding to the plaintiff’s request for reinstatement, the defendant was performing a nondiscretionary, ministerial act, clearly mandated in the instant circumstance by…”
Police Comm'r v. Civil Serv. Comm'n, 561 N.E.2d 869 (Mass. App. Ct. 1990). · cites it 3× “” Through counsel, Figueroa requested a hearing before the police commissioner, “pursuant to the provisions of G. L. c. 31, §§ 37 and 38.” More than a year later, such a hearing was held before the police commissioner’s designee.”
Police Comm'r v. Pers. Adm'r, 671 N.E.2d 1231 (Mass. 1996). “The Superior Court judge who granted the commissioner’s motion for summary judgment had concluded that the defendant personnel administrator of the department of personnel administration (administrator) should not have set aside the commissioner’s termination of the defendant…”
Sisca v. City of Fall River, 838 N.E.2d 609 (Mass. App. Ct. 2005). · cites it 2× “In a memorandum to the board, the fire chief pointed out that, during the time in question, Sisea neither had been granted a leave of absence (see G. L. c. 31, § 37), nor had he asked to use available sick leave, consistent with the governing protocol for exercising such leave.”
DeSimone v. Civil Serv. Comm'n, 541 N.E.2d 358 (Mass. App. Ct. 1989). “31, § 38, to a person who had been absent without a leave granted under G. L. c. 31, § 37. In seeking judicial review from the Civil Service Commission, DeSimone did not have the option of the review procedure which appears in G.”
O'Connor v. Civil Serv. Comm'n, 651 N.E.2d 863 (Mass. App. Ct. 1995). · cites it 2× “The plaintiff filed an action in the Superior Court seeking review of a decision of the Civil Service Commission upholding the Boston police department’s refusal to reinstate the plaintiff to his civil service position after he failed to obtain written approval of his request…”
Pub. Emp. Ret. Admin. Comm'n v. Contributory Ret. Appeal Bd., 31 Mass. L. Rptr. 221 (Mass. Super. Ct. 2013). · cites it 6× “Under M.G.L.c. 31, §37, Mr. Madden had a right to an unpaid leave of absence from the Fire Department while he served as Mayor.”
Brienzo v. Town of Acushnet, 15 Mass. L. Rptr. 142 (Mass. Super. Ct. 2002). “Further, to the extent that Brienzo specifically argues that he was entitled to immediate reinstatement under G.L.c. 31, §37, that section, too, offers an administrative remedy for its violation.”
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