A new Massachusetts law expands the rights of individuals
who are victims of, or have a family member who is a victim of, domestic
violence. One portion of the law places
new requirements on employers with 50 or more employees.
Specifically,
covered employers must give employees up to 15 days of leave in any 12 month
period to address domestic violence against themselves or a family member (a
"Domestic Violence Leave"). A
"family member" is broadly defined as: a spouse; persons in a dating
or engagement relationship who live together; persons having a child together,
regardless of their marital or living arrangements; a parent, step-parent,
child, step-child, sibling, grandparent or grandchild; and persons in a
guardianship relationship.
The Domestic Violence Leave
must be granted under the following conditions:
- the employee or a family member is a victim of domestic
violence;
- the
employee needs time off to address issues directly related to the domestic
violence against the employee or a family member; and
- the
employee is not the perpetrator of the domestic violence.
Employees must give their employer the same amount of
advance notice for a Domestic Violence Leave as the employer requires for any
other leave unless there is a threat of imminent danger to the health or safety
of the employee or the employee's family member. In that case, the employee or his/her
representative must notify the employer within 3 business days after the
Domestic Violence Leave begins.
However, even in the absence of such notice, employers may
not take any negative action against an employee who provides the employer with
documentation supporting the employee's need for the leave within 30 days of
the employee's absence.
Employers may require employees to provide any of the
following documents to substantiate the need for the leave.
- a
court order resulting from the domestic violence;
- a
document with the letterhead of the court, provider or agency the employee
attended to obtain assistance about the domestic violence;
- a
police report or statement of a victim or witness provided to the police,
including a police incident report documenting the domestic violence;
- documentation
showing the person who committed the abuse leading to the leave has
admitted to sufficient facts to support a finding of guilt, has been
convicted of the domestic violence, or has been adjudicated a juvenile
delinquent by reason of the domestic violence leading to the leave;
- medical
documentation of treatment due to domestic violence;
- a
sworn statement from a professional who assisted the employee or family
member to address the effects of the violence; or
- a
sworn statement from the employee attesting that the employee or a family
member has been the victim of domestic violence.
The above documents may only be maintained in the employee's
personnel file for the time the employer requires to determine if the employee
is eligible for the Domestic Violence Leave.
All information related to the employee's Domestic Violence Leave must be kept strictly confidential and may only be disclosed if:
- the employee requests or consents in writing to disclosure;
- a court of competent jurisdiction orders the release of the information;
- required by applicable federal or state law;
- required during an investigation authorized by law enforcement; or
- necessary to protect the safety of the employee or other employees.
The leave may be either paid or unpaid, at the employer's
election. Employers may require
employees to use all available paid time off prior to granting the Domestic
Violence Leave.
Employers may not discriminate against or retaliate in any
way against any employee who takes the leave.
Upon the employee's return from leave, the employee must be returned to
his/her original or equivalent position.
Finally, employers with 50 or more employees must notify
each employee of their rights under this law.
Consequently, we recommend that all employers add a notice about this
Leave to their employee handbooks.