940 CMR 20.00: Employee Leave For Certain Family Obligations


20.01: In General
20.02: Sufficient Certification
20.03: Timely Certification
20.04: Additional Verification
20.05: Records

20.01: In General

An employer may require that a request for leave under M.G.L. c. 149, § 52D(e) be supported by a certification signed by the employee and stating the reason for the leave. The employee, if required, shall then provide, in a timely manner, such certification to the employer.


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20.02: Sufficient Certification

(1) Certification shall be sufficient if it states in writing:

(a) the date on which the leave will be taken;

(b) the duration of the leave;

(c) the purpose for requesting the leave;

(d) the employee's signature.

(2) The following certification form may be used by employers:

Employee's Certification

I certify that on _______________ I will/did take ______ hours of leave for the following purpose:

__ to participate in school activities directly related to the educational advancement of a son or daughter

__to accompany the son or daughter of the employee to routine medical or dental appointments such as check-ups or vaccinations

__to accompany an elderly relative to routine medical or dental appointments or appointments for other professional services related to the elder's care

Employee's Signature:________________________ Date:_______________________


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20.03: Timely Certification

Employers may request that employees provide a certification at the time the employee gives notice of the need for leave or within two business days thereafter. In the case of unforeseen leave, the employee may provide the certification within two business days after the leave was taken, or as soon thereafter as it is reasonably practicable to do so.


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20.04: Additional Verification

Employers may require that employees provide additional information to verify the reason for requesting a leave. The request for additional required information must be reasonable and not unduly burdensome.


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20.05: Records

An employer requesting that employees provide certifications under the Small Necessities Leave Act shall keep copies of the certifications provided by the employee for a period of no less than two years. Such records shall be available for the inspection by the Attorney General's Office.


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REGULATORY AUTHORITY

940 CMR 20.00: M.G.L. c. 149, § 52D(e).