On August 8, 2014, Governor Patrick signed the “Act Relative to Domestic Violence” which requires an employer of fifty or more employees to provide fifteen days of leave to an employee who is a victim of domestic violence, or one who is needed to care for a family member (spouse, child, parent, grandparent, grandchild, or sibling) who is a victim of domestic violence. Domestic violence includes but not limited to abuse against an employee by a current or former spouse, family member or someone the employee has a dating relationship. The employee must not be the perpetrator of abusive behavior against the employee’s family member.
Leave is allowed for reasons including to enable the domestic violence victim to obtain: medical attention; counseling; victim services or legal assistance; housing; a protective order from a court; child custody orders; or other related court assistance.
The employee is required to provide advance notice of leave to the extent practicable, except in the case of imminent danger or harm. In the case of emergency, employee shall provide notice to the employer within three days of taking leave. The employer has the “sole discretion” to determine whether the leave is paid or unpaid. The employee is required to exhaust all accrued leave before seeking leave unless employer elects to waive this requirement.
The employer may request documentation from employee to support request for leave, to include one of the following documents: protective order; police report; medical documentation; documentation concerning prosecution of perpetrator; or a sworn statement from the employee attesting to the relevant facts.
Employers are reminded, similar to other legally protected leaves (e.g., Family, Medical, Maternity, Small Necessities), not to take any adverse action against the employee for exercising their right to take leave under this law. Employers must also notify employees of their rights under this Act. One good way to do that is to develop a policy with assistance of labor and employment counsel.
