Massachusetts Small Necessities

Massachusetts Small Necessities leave - Mass. Gen. Laws ch. 149, § 52D

Covered Employers: All Employers who employ 50 or more employees during each of 20 or more calendar weeks during the year.

Employee Eligibility: An employee must have worked 12 months or 1250 hours in the 12 months proceeding the leave. An employee must also work at a worksite with at least 50 employees within 75 miles.

Entitlement: Eligible employees are permitted to take a total of 24 hours of unpaid leave during any 12 month period to participate in school activities directly related to the educational advancement of a son or daughter of the employee, such as a parent teacher conference or interviewing for a new school or to accompany a son or daughter or an elderly relative (over 60 and related by blood to the employee) to routine medical or dental appointments. Appointments directly related to the elderly persons care are also covered, such as interviewing nursing homes. Leave may be taken intermittently or on a reduced leave schedule.

Employee Notice: The employer may require an employee to provide 7 days' notice when the leave is foreseeable. If the necessity for the leave is not foreseeable, the employee must provide notice as is practicable.

Obligation to Provide Certifications or Documents Supporting Need for Leave: The employer may require written certification or documentation of the need for leave. A sufficient certification will include: (a) the date on which the leave will be taken; (b) the duration of the leave; (c) the purpose for requesting the leave; and (d) the employee's signature.

Paid?: Nothing in this section shall require an employer to pay an employee for leave taken under this section. An employer may require, or an employee may elect, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for any of the leave provided under this law.

Reinstatement: Employers shall not discharge, demote, or otherwise take an adverse employment action against an employee who requests or takes leave under this section.

Other Important Definitions/Requirements: An "elderly relative" is an individual of at least 60 years of age who is related by blood or marriage to the employee, including a parent.

Relationship with Other Leave: Employees may take this leave in addition to FMLA.

Absence Specification

Concurrency

  • Does not run concurrently with Federal FMLA or other state leaves

Amount of leave provided

  • 24 hours per year

Employer Eligibility Rules

  • Employers with 50 or more employees within 75 miles

Employee Eligibility Rules

  • 12 months of service

  • 1250 hours worked

  • Routine Appointments

  • School Activities

  • Nursing home visits

Intake Trigger

  • Small Necessities

Calendar Type

  • "Any 12 month period" - Default to Same as FMLA

Notes

  • Leave taken for school and medical appointments is not to exceed 24 hours per year.