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December 14, 2023Do I need to give my employer any written proof (documentation) if I take time off?
Your employer can require you to give proof that:
- you or your family member have been a victim of abusive behavior; and
- 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)
Do I need to give my employer notice before taking time off?
You must give your employer notice before you take the days off. You can give your employer notice in the same way as you usually do according to your employer’s leave policy. However, if you cannot give advance notice because your health or safety is in immediate danger, you or someone on your behalf (such as a family member, pastor, or counselor) must notify your employer within three workdays after you take the days off.1
1 M.G.L. 149 § 52E(d)
