Last week the Massachusetts Senate approved a bill that would require employers of 50 or more employees to provide up to 15 days of leave in any 12-month period to an employee if the employee or family member of the employee, is a victim of domestic violence, stalking or sexual assault. “Family member” includes spouses, parents, step-parents, children, step-children, siblings, grandparents, and grandchildren; people “in a substantive dating or engagement relationship” who live together; people who have a child in common, even if they are unmarried or do not live together; and people in a guardianship relationship. The employee would be entitled to leave only if the leave is taken to address issues arising out of the domestic violence, 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, consult with a district attorney or other law enforcement official, or other issues directly related to the domestic violence, stalking or sexual assault.
The bill passed by the Senate would allow employers to give the leave with or without pay, and employers could require employees to use up available sick time or vacation time before using the 15 days provided under the proposed law. Employers also could require employees to provide documentation demonstrating that the employee or a family member has been the victim of domestic violence, stalking or sexual assault. Employers covered by the proposed law would be required to notify employees of their right to take leave under the law.
The bill has now moved on to the House of Representatives. It hasn’t yet been scheduled for debate, but it is expected that the House will take action on the bill before the July recess. We will be sure to provide any updates as they occur.