Legal Information: Massachusetts

Workplace Protections

November 30, 2021

Do I need to give my employer any written proof (documentation) if I take time off?

Your employer can require you to give proof that:

  1. you or your family member have been a victim of abusive behavior; and
  2. you are taking leave for a reason allowed under this law.1

You can show proof by giving your employer any one of the following documents:

  • a protective order or other similar order;
  • a document on the letterhead of the court, service provider, or public agency where you or your family member got help related to the abusive behavior;
  • a police report or statement that the victim or a witness made about the abusive behavior;
  • documentation that the abuser has admitted to enough facts that would allow a judge to find him/her guilty of the abusive behavior;
  • documentation of a conviction of the abusive behavior;
  • if the abuser is a juvenile, documentation of a “finding” by a judge that the abuser is a juvenile delinquent because of an offense that is considered abusive behavior;
  • medical documentation that you or your family member were treated for the abusive behavior;
  • a sworn statement from a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate, or other professional who has helped you or your family member; or
  • a sworn statement that is signed under penalty of perjury stating that you or your family member have been the victim of abusive behavior.2

1 M.G.L. 149 § 52E(e)
2 M.G.L. 149 § 52E(e)

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