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Need to take time off from work to deal with domestic violence?, MassLegalHelp (2019)
Defines abuse and domestic violence, which employers are required to give time off, the amount of time and type of leave that can be taken, documentation that must be provided, and an employer’s obligation to keep your information confidential. It also gives information about who to contact if an employer does not comply with the law.
Massachusetts law
MGL c.149, § 52E Leave from work when employee or family member of employee has been victim of abusive behavior.
The law provides for up to 15 days of leave in any 12 month period for employers with 50 or more employees under certain circumstances. Notice of law is required by employer and leave can be unpaid or paid using employee sick time.
MGL c.149, § 150 Complaint for violation of certain sections; defenses; payment after complaint; assignments; loan of wages to employer; civil action
Discusses the damages and statute of limitations for MGL c.149, § 52E.
Selected cases
Osborne-Trussell v. The Children's Hospital Corp., 488 Mass. 248 (2021)
Court ruled that a defendant who had been hired by the plaintiff was terminated illegally after the defendant informed her employer that she might need to leave to cooperate with law enforcement regarding her abuser violating a harassment order (MGL c.149, § 52E).
Web sources
Attorney General's advisory concerning M.G.L. c. 149, § 52E employment leave for victims and family members of abuse, Mass. Attorney General, 2018.
Provides an explanation of the law granting leave for victims of domestic violence, with guidance for employers.
Breaks and time off: domestic violence and abusive situation leave, Attorney General's Fair Labor Division.
Explains when an employee can use domestic violence and abusive situation leave.
Print sources
Massachusetts employment law, MCLE, 2020, Chapter 20: Interrelationships Among Federal and Massachusetts Leave Laws
Contact
Online
Last updated: | May 22, 2023 |
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