Massachusetts Leave Law
Employees in the state of Massachusetts are entitled to State Family Leave in addition to federal FMLA leave. Below is a brief summary of the state law.
If you are considering taking leave, consult with your Human Resource Office for additional details.
Who Is Eligible?
You are eligible for State leave if you are eligible for federal FMLA leave. That is, you are eligible if you have been employed by the same employer for at least 12 months and have worked for at least 1,250 hours during the 12-month period immediately preceding your leave. In addition, you must work for an employer who employs 50 or more employees within 75 miles of your worksite.
What Leave Am I Entitled To?
In addition to the federal FMLA, eligible employees are entitled to 24 hours or leave during any 12-month period to:
Participate in school activities directly related to the educational advancement of your children;
Accompany your children to routine medical or dental appointments; and
Accompany an elderly relative to routine medical or dental appointments or to appointments for other professional services related to your elderly relative's care.
Will I Get Paid During My Leave?
Like the FMLA, you may elect, or your employer may require, that you use any accrued paid vacation, personal or sick leave during your time on State leave.
What Notice Am I Required To Provide Before Taking Family Leave?
If your need for leave is foreseeable, you must provide your employer with at least 7 days of notice. However, if your need for leave is not foreseeable, you may provide notice within two business days or when reasonably practicable.
In addition, your employer may require that your request for leave be supported by certification that is signed by you, states the reason for your leave, states the date on which leave will begin, and states the duration of the leave. An example of valid certification is provided below:
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 checkups 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: ____________________
Researched and written by:
Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY