Chapter 149 of the General Laws, as appearing in the 2002 Official Edition is hereby amended by inserting the following new Section:-

Section 52E.   (1) (a) An employer shall allow an employee to take up to fifteen days of leave from work in any twelve month period, with or without pay, if the employee, or a family or household member of such employee, is a victim of domestic violence, a victim of stalking, or a victim of a sexual assault.

This section shall only apply if such employee is using the leave from work to address issues arising from the domestic abuse, stalking, or sexual assault in order to seek or obtain a court order of protection, medical attention, counseling, victim services, legal assistance, secure housing, or to appear in court as a witness, attend child custody proceedings, or consult with a district attorney or other law enforcement official.

 (b) The provisions of this section shall only apply to employers who employ fifty or more employees.

(2) (a) Except in cases of imminent danger to the health or safety of the employee, an employee seeking leave from work pursuant to this section shall provide his or her employer with the appropriate advance notice of such leave as may be required by the employer's policy.  When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, within a reasonable period after the absence, provides certification under subsection (b). 

(b) The employer may require the employee to provide certification to the employer that the employee or the employee’s family or household member is a victim of domestic violence, stalking or sexual assault and that the leave is for one of the purposes enumerated in paragraph 1(a).  The employee shall provide such certification to the employer within a reasonable period after the employer requests certification. An employee may satisfy the certification requirement of this section by providing to the employer a sworn statement of the employee. To the extent that it does not present an undue hardship to the employee and the employee has said documentation readily available, the employee may satisfy the certification requirement by providing one or more of the following documents for review by the employer:

(i)  a police or court record; or

(ii) documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider, member of the clergy, or counselor that the employee was undergoing treatment or seeking assistance as a result of domestic violence, stalking or sexual assault; or

(iii) other corroborating evidence.

The employee’s sworn statement and a listing of any other evidence provided to the employer may be maintained by the employer in the employee’s employment record.  However, in no instance shall any other document or copies of documents used to demonstrate eligibility for leave under this section remain in the possession of the employer beyond the period needed for the employer to make an eligibility determination.

(c) All information related to the employee's leave pursuant to this section shall be kept confidential by the employer, and shall not be disclosed, except to the extent that disclosure is:

(i) Requested or consented to, in writing, by the employee;

(iii) Otherwise required by applicable federal or state law.

(d)  An employee seeking leave pursuant to this section, prior to receiving such leave, shall exhaust any and all annual or vacation leave, personal leave, and sick leave, if applicable, that may be available to the employee, unless the employer waives this requirement.

(3) (a) It shall be unlawful for any employer to coerce, interfere with, restrain, or deny the exercise of or any attempt to exercise any rights provided under this section.  Provided further, that employers may not make the leave contingent upon whether or not the victim maintains contact with the alleged abuser. 

    (b) It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for exercising his or her rights under this section.  The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.  Upon the employee’s return from leave, the employee shall be entitled to restoration to his original job or to an equivalent position.

 (4)  In addition to the leave provided for in this section, an employee who is a victim of domestic violence may take up to 6 months of unpaid leave in the event that such employee seeks emergency shelter placement. In such cases, employers shall make every attempt to allow that employee to return to work to the original or equivalent position. 

(5) Any person claiming to be aggrieved by a violation of this section may file a civil action against the employer to enforce this section.  Such person may seek appropriate equitable relief, including but not limited to restoration to his original job or to an equivalent position.  In addition to equitable relief, such person may seek and be granted damages including all wages and benefits that would have been due to the person, including reasonable attorney fees and costs.

SECTION 2.   The Human Resources Division of the Commonwealth, Jane Doe Inc, and Employers Against Domestic Violence, shall work with the commissioner of employment and training to develop model workplace safety policy, training curriculum, and workplace safety procedures and protocols for employers in order to increase awareness, minimize the workplace risks, and help employers properly respond to employees who disclose domestic violence, stalking and sexual assault in the workplace. The commissioner shall also develop a strategic plan to encourage employers to adopt and implement a workplace safety and training plan and shall work with the Human Resources Division, Jane Doe, Inc, and Employers Against Domestic Violence to establish training delivery resources.