Mass. Gen. Laws » Part I Title IV Chapter 32
Massachusetts General Laws

Mass. Gen. Laws ch. 32, § 28K (2026)

Commonwealth employees; leave of absence as representative of employee organization; creditable service

✓ current as of July 2026
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Section 28K. Any employee of the commonwealth or its political subdivisions who is a representative of an employee organization, which has included in its membership employees of the commonwealth or its political subdivisions shall, while on a full-time or part-time leave of absence for the purpose of acting as a representative of said employee organization, be considered on leave of absence, without pay, for the period of the employee's assignment as a representative of such employee organization. Such employee shall, however, be credited with the creditable service the employee would have received had the employee been in active service for the full or part-time leave and shall contribute each month to the retirement fund in an amount which the employee would have contributed had the employee remained in the service of the commonwealth or its political subdivisions. Such employee of the commonwealth or its political subdivisions shall be entitled to all benefits and privileges, except the payment of salary as provided under this chapter and chapters 30 and 31 during the leave of absence.

An employee who fulfills the requirements of the preceding paragraph shall be credited with creditable service for any period after January 1, 1975 and shall contribute to the retirement fund an amount which he would have contributed had such employee remained in the service of the commonwealth or a political subdivisions thereof, together with regular interest thereon, under the terms and conditions defined by the retirement system of which he is a member. This paragraph shall take effect for the members of a retirement system by majority vote of the board of such system, subject to the approval of the legislative body. For the purposes of this section, ''legislative body'' shall mean the town meeting for the purposes of a town system, the city council subject to the provisions of its charter in a city system, the district meeting in a district system, the county commissioners in a county system and the governing body of an authority in an authority system. Acceptance shall be deemed to have occurred upon the filing of a certificate of acceptance with the commission.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1995–2026 · leading case: Commonwealth v. Massachusetts Org. of State Engineers & Scientists, 671 N.E.2d 1222 (Mass. 1996).
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Commonwealth v. Massachusetts Org. of State Engineers & Scientists, 671 N.E.2d 1222 (Mass. 1996). · cites it 2× “At issue is whether paid vacation, holidays, and sick leave are “salary,” which G. L. c. 32, § 28K (1994 ed.), 1 bars the Commonwealth from providing to employees *668 on union leave, or are distinct “benefits and privileges,” which § 28 K requires the Commonwealth furnish such…”
Fitzgerald v. Contributory Ret. Appeal Bd., 3 Mass. L. Rptr. 504 (Mass. Super. Ct. 1995). · cites it 8× “On April 9, 1992, Fitzgerald received a letter from the Boston Retirement Board advising her that, pursuant to the recently amended provisions of G.L.c. 32, §28K, she would be granted creditable service for retirement purposes for the period on and after December 31, 1991.”
J.C. Cannistraro, LLC v. Columbia Constr. Co. (Mass. 2026). “667, 671 (1996) (arbitration award contravened express provisions of G. L. c. 32, § 28K); Massachusetts Bay Transp.”
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