GBGE-E

File: GBGE-E

EMPLOYEE NOTICE

AN ACT RELATIVE TO DOMESTIC VIOLENCE

Employers of Fifty (50) or More Employees Must Provide Domestic Violence Leave

Any Employer of fifty (50) or more employees is required to provide up to fifteen (15) days of Domestic Violence Leave in a twelve (12) month period to employees who qualify. “Employees” are defined as any “individuals who perform services for and under the control and direction of an employer for wages or other remuneration”. There is no distinction between part-time and full-time employees in the calculation of the total number of employees. The employer maintains sole discretion as to whether any Domestic Violence Leave is paid or unpaid.

Employee Eligibility Requirements

Notification

An employee submitting for Domestic Violence Leave is required to inform the employer prior to taking such leave, unless there is an imminent danger to the health or safety of an employee or the employee’s family member. However, in the case of imminent danger, the employee shall notify the employer within three (3) workdays that the leave was taken.

Of note, the Act states that, if an unscheduled absence occurs, an employer is not to take “negative action” against the employee within thirty (30) days from the unauthorized absence, or the last day of consecutive absences, if proper documentation is provided (See Documentation Substantiating Domestic Violence Leave). Discipline may be delayed for unexcused absences as a result of this provision.

Exhaustion of Vacation, Personal and Sick Leave

There is no minimum time period an employee must be working for the employer prior to eligibility for Domestic Violence Leave. However, an employee seeking Domestic Violence Leave must exhaust all annual or vacation leave, personal leave and sick leave prior to requesting or taking leave, unless the employer waives this requirement.

Domestic Violence against Employee or Family Member

The provisions of the Act apply if the employee or a family member is a victim of domestic violence (unless the employee is the perpetrator of violence against the family member).

“Domestic violence” is defined as abuse against an employee or the employee’s family member by a current or former spouse of the employee or the employee’s family member, a person with whom the employee or the employee’s family member shares a child in common, a person who is cohabitating with or has cohabitated with the employee or the employee’s family member, a person who is related by blood or marriage to the employee, or a person with whom the employee or employee’s family member has or had a dating or engagement relationship.

“Family Member” is defined as persons who are married to one another, persons in a substantive dating or engagement relationship and who reside together, persons having a child in common regardless of whether they have ever married or resided together, a parent, step-parent, child, step-child, sibling, grandparent or grandchild, or persons in a guardianship relationship.

Permitted Reasons for Employee Domestic Violence Leave

Domestic Violence Leave may be used for any of the follow reasons:

• to seek or obtain medical attention, counseling;
• victim services or legal assistance;
• secure housing;
• obtain a protective order from a court;
• appear in court or before a grand jury;
• meet with a district attorney or other law enforcement official;
• attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member of the employee;

Employer Request for Documentation Substantiating Eligibility

An employer may require an employee to provide documentation evidencing that the employee or employee’s family member has been a victim of abusive behavior and that the leave taken is consistent with the reasons listed above, but cannot require an employee to show evidence of an arrest, conviction or other law enforcement documentation for such abusive behavior. The employee must provide the documentation within a reasonable time period after the employer request, which may be in the form of one of the following documents:

• A protective order, order of equitable relief or other documentation issued by a court of competent jurisdiction as a result of abusive behavior against the employee or employee’s family member.
• A document under the letterhead of the court, provider or public agency which the employee attended for the purposes of acquiring assistance as it relates to the abusive behavior against the employee or the employee’s family member.
• A police report or statement of a victim or witness provided to police, including a police incident report, documenting the abusive behavior complained of by the employee or the employee’s family member.
• Documentation that the perpetrator of the abusive behavior against the employee or family member of the employee has admitted to sufficient facts to support a finding of guilt of abusive behavior or has been convicted of, or has been adjudicated a juvenile delinquent by reason of, any offense constituting abusive behavior and which is related to the abusive behavior that necessitated the leave.
• Medical documentation of treatment as a result of the abusive behavior complained of by the employee or employee’s family member.
• A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee or the employee’s family member in addressing the effects of the abusive behavior.

A sworn statement, signed under the penalties of perjury, from the employee attesting that the employee has been the victim of abusive behavior or is the family member of a victim of abusive behavior.

Any of the above-described documentation maybe kept in the employee’s employment record only as long as required for the employer to make a determination as to whether the employee is eligible. This information shall be kept confidential and should not be disclosed, unless the employee requests or consents in writing to the release, the release is ordered by a court, the release of information is necessary to protect the safety of the employee or other employees, or the release of information is required by law enforcement in the course of an investigation, or is otherwise required by law.

SOURCE: Duperé Law Offices [September 5, 2014]

LEGAL REVIEW: November 17, 2014 (Attorney Duperé)

LEGAL REFERENCE: M.G.L. 149:52E; Section 10, Chapter 260 of the Acts of 2014

Read, revised, approved: January 3, 2019 (file name only) [Policy Subcommittee]

Approved: January 8, 2019 [School Committee]