On Monday, January 9, 2012, the Massachusetts Senate recommended passage of a bill (Senate Bill No. 00918) that would require employers of 50 or more employees to offer up to 15 days of leave to victims of domestic violence and certain family members of such victims. The bill has met with little opposition thus far, and indeed has support from employer and trade groups such as the Retailers' Association of Massachusetts and Associated Industries of Massachusetts.
If enacted, the new law would require employers to provide up to 15 days of leave (paid or unpaid) in any 12-month period to victims of domestic violence, stalking, or sexual assault, and to certain family members of such victims. The leave would be available for the victim or family member in certain situations related to the abusive behavior, such as leave for seeking medical attention or counseling, appearing in court, or meeting with a district attorney. Employers would not be required to extend the leave to any alleged perpetrator of such abusive behavior.
Under the law, employers would be able to require that an eligible employee first exhaust any available vacation, sick, or personal time. Employers could adopt a policy requiring advance notice of the leave, except that such notice may not be required where the employee's health or safety is under threat of imminent danger, in which circumstances the policy may require notice within five days of the leave. Further, employers would be able to request that the employee provide documentation evidencing eligibility for the leave, subject to confidentiality conditions and exceptions for certain types of law enforcement documentation. Covered employers would be required to notify employees about the leave, including information about employee notification requirements and confidentiality.
Employers should monitor the bill's progress, as its enactment would require covered employers to modify their leave practices, incorporate new leave provisions into their written policies and procedures, and properly notify employees of this new leave entitlement.
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