Massachusetts Domestic Violence Leave - Mass. Gen. Laws ch. 14, § 52E

Covered Employers: All employers with 50 or more employees in Massachusetts.

Employee Eligibility: the employee, or a family member of the employee, is a victim of abusive behavior and is not the perpetrator of the abusive behavior against the employee's family member.

Entitlement: An eligible employee may take up to 15 days of leave in any 12-month period if the employee is using the leave from work to seek or obtain medical attention, counseling, victim services or legal assistance; secure housing; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member of the employee. "Family member" means spouses, people in a substantive dating or engagement relationship and who reside together; people having a child in common regardless of whether they have ever married or resided together; a parent, step-parent, child, step-child, sibling, grandparent or grandchild; or people in a guardianship relationship.

Employer Notice: Employers must notify each employee of the rights and responsibilities provided under this law, including those related to notification requirements and confidentiality. There is no specified manner by which notification must take place, but examples may include: inclusion in an employee handbook, a workplace poster, memos to employees, or letters or e-mails to employees.

Employee Notice: Except in cases of imminent danger to the health or safety of an employee, an employee seeking leave from work under this section shall provide appropriate notice as is required by the employer's other leave policies.
If there is a threat of imminent danger to the health or safety of an employee, the employee must not be required to provide advance notice of leave. However, theemployee or employee's representative (family member, or the employer's counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee or the employee's family member following the incident) must notify the employer within three (3) work days that the leave was taken or is being taken pursuant to the law and an employer may not take negative action against the employee for an unscheduled absence if within thirty (30) days from the unauthorized absence, the employee provides sufficient documentation evidencing the need for the leave.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Employee may be required to provide documentation to
support the need for leave. Documentation may include a protective order; document under the letterhead of the court,; a police report or victim or witness statement; medical documentation of treatment as a result of abusive behavior, sworn statement by a counselor, social worker, health care worker, member of the clergy, or other advocate; a sworn statement from the employee attesting that the employee has bene the victim of abusive behavior or is the family member of a victim of abusive behavior.

Paid?: Leave may be paid or unpaid at the employer's discretion. An employee seeking leave must exhaust all available annual or vacation leave, personal leave, and sick leave prior to requesting or taking leave under this law, unless the employer waives this requirement.

Benefits: Taking leave cannot result in the loss of any employment benefit accrued prior to the date the leave commenced.

Reinstatement: Employers may not discharge employees or subject them to penalties because of attendance as witnesses at a criminal action. Further, upon the employee's return from leave, the employee is entitled to restoration to his or her original job or to an equivalent position.

Other Important Definitions/Requirements: Not specified

Relationship with Other Leave: This leave may overlap with the Massachusetts Earned Sick Time law, which permits eligible employees to take paid time off to address the psychological, physical, or legal effects of domestic violence, or travel to and from an appointment, a pharmacy, or other location related to the purpose for which the time was taken. This leave may also overlap with FMLA if there is an injury or illness that is an FMLA qualifying event.

Absence Specifications