Domestic Violence Leave Becomes Law In Massachusetts

Massachusetts Governor Deval Patrick signed into law An Act Relative to Domestic Violence on August 8, 2014.This far-reaching law, which institutes reforms throughout the criminal justice system, mandates that all public and private employers with more than 50 employees must permit employees impacted by domestic violence to take up to 15 days of leave in any 12 month period. This leave may be paid or unpaid at the employer's discretion. Employers are not required to grant leave if the employee is the perpetrator of abusive behavior against a family member. Employers are specifically required to notify employees of their rights and responsibilities under the law. An employee will be eligible for domestic violence leave if:

the employee, or a family member of the employee, is a victim of abusive behavior and the employee is using the leave from work for purposes closely related to the abusive behavior, including obtaining medical attention or counseling, securing housing, attending court proceedings, and obtaining other victims' services. The statute's definition of "abusive behavior" is broad, including both physical and mental abuse. Employers may require employees to exhaust all other available forms of leave, including vacation, sick time, and personal leave, prior to requesting or taking domestic violence leave. Except where there is a threat of imminent danger, employees are required to provide "appropriate notice" of their need for leave. While the statute does not specifically define "appropriate notice," employers should use the same notice period required in their other leave policies. This notice may be communicated by either the employee or another person acting on the employee's behalf. If an unscheduled absence occurs, an employer may not take any negative action against the employee if the employee produces documentation within 30 days. Employers can also require employees to produce documentation of their need for leave. All documentation provided to the employer must be kept confidential and cannot be disclosed except as provided by statute. Additionally, this documentation may only be retained for as long as is required for the employer to determine the employee's eligibility for leave. Like the federal...

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