Mass-Peculiarities: An Employers Guide to Wage & Hour Law in the Bay State 2022 Edition

© 2022 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2022 ed. | 35 H. Massachusetts Leave for Domestic Violence Victims and Family Members An employer of 50 or more employees must allow an employee who is a victim of abusive behavior or who has a family member who is a victim of abusive behavior to take up to fifteen days of leave during a twelve-month period to address issues relating to the abusive behavior. 175 An employee is eligible for such leave if the following criteria are met: (1) either the employee or his or her family member (as defined below) is the victim of abusive behavior, such as domestic violence, stalking, sexual assault, or kidnapping; (2) the leave is sought to obtain victim services directly related to the abusive behavior against the employee or family member of the employee; and (3) the employee is not the perpetrator of the abusive behavior. 176 A “family member” is defined as (1) a parent, step-parent, child, step-child, sibling, grandparent or grandchild; (2) a married spouse; (3) persons in a substantive dating or engagement relationship and who reside together; (4) persons having a child in common regardless of whether they have ever married or resided together; or (5) persons in a guardianship relationship. 177 The reasons for which leave can be taken include: • Seeking or obtaining medical attention, counseling, victim services, or legal assistance • Securing housing • Obtaining a protective order • Appearing in court or before a grand jury • Meeting with a district attorney or law enforcement official • Attending child custody proceedings • Other issues relating to the abusive behavior 178 175 M.G.L. ch. 149, § 52E. 176 M.G.L. ch. 149, § 52E(b). 177 M.G.L. ch. 149, § 52E(a) 178 M.G.L. ch. 149, § 52E.