As of July 31, 2014, Massachusetts' new Domestic Violence
Leave Law requires employers with 50 or more employees to give up
to 15 days of leave to domestic violence victims. An Act relative
to domestic violence (the Act) is a comprehensive domestic violence
bill. It mandates leaves of up to 15 days for employees if the employee
or a family member of the employee is a victim of domestic violence
and needs time off to address issues directly related to the domestic
violence. The Act went into effect immediately upon passage. In addition
to its workplace provisions, it creates new criminal offenses relative
to domestic violence, boosts domestic violence prevention efforts
and provides support to domestic violence victims and their family
members.
A. What leave does the law provide?
(1) Up to 15 days of leave in any twelve-month period.
(2) The employer has the sole discretion to determine whether the leave
shall be paid or unpaid.
(3) The employer may require an employee seeking leave to exhaust all
annual vacation, personal and sick leave available to the employee
prior to requesting or taking leave.
B. When is a leave triggered? An employee is entitled to leave if:
(1) The employee, or a family member of the employee, is a victim of
domestic violence.
(2) The employee is using the leave from work to address issues directly
related to the domestic violence against the employee or family member
of the employee.
(3) The employee is not the perpetrator of the domestic violence against
such employee's family member.
C. What constitutes domestic violence? "Domestic violence" is defined
as "abuse" against an employee or the employee's family member
by:
(1) A current or former spouse of the employee or the employee's
family member.
(2) A person with whom the employee or the employee's family member
shares a child in common.
(3) A person who is or has cohabited with the employee or the employee's
family member.
(4) A person who is related by blood or marriage to the employee.
(5) A person with whom the employee or employee's family member
has or had a dating or engagement relationship.
D. What constitutes abuse? "Abuse" includes:
(1) Attempting to cause or causing physical harm.
(2) Placing another in fear of imminent serious physical harm.
(3) Causing another to engage involuntarily in sexual relations by force,
threat or duress or engaging or threatening to engage in sexual activity
with a dependent child.
(4) Engaging in mental abuse, which includes threats, intimidation or
acts designed to induce terror.
(5) Depriving another of medical care, housing, food or other necessities
of life.
(6) Restraining the liberty of another.
E. What qualifies for a leave request? Leave may be used for the following:
(1) To seek or obtain medical attention, counseling, victim services
or legal assistance.
(3) Obtain a protective order from a court.
(4) Appear in court or before a grand jury.
(5) Meet with a district attorney or other law enforcement official.
(6) Attend child custody proceedings or address other issues directly
related to the abusive behavior against the employee or family member
of the employee.
F. Who is a family member? An employee's family member includes
a spouse, domestic partner, individuals having a child in common,
parent, child, sibling, grandparent or grandchild.
G. How is leave administered?
(1) Similar to the FMLA, employees must request the leave in advance
from Human Resources (unless there is a threat of imminent danger).
(2) Employers may require an employee to provide documentation evidencing
that the employee or the employee's family member has been a
victim of abusive behavior.
(3) In the case of a scheduled leave, the employee must provide the same
amount of notice as is required by the employer's other leave
policies.
(4) In the case of unscheduled leave, an employee (or employee's
representative) must notify the employer within three 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 30 days from the unauthorized absence, the employee
provides sufficient documentation evidencing the need for the leave.
(5) The form of documentation that an employer must accept as sufficient
evidence is specifically listed in the language of the legislation.
All information related to the employee's leave must be kept
confidential by the employer and may only be disclosed in very specific
circumstances.
(6) The documentation provided to the employer may only be maintained
in the employee's employment record for as long as required for
the employer to make a determination as to whether the employee is
eligible for leave.