Massachusetts Offers Workplace Assistance for Domestic Violence Victims

The Commonwealth of Massachusetts enacted legislation to support employees impacted by domestic violence, abuse, stalking, or similar traumatic workplace risk factors. This law provides up to 15 days of job-protected leave within a 12-month period for qualifying employees, ensuring that victims of abuse can prioritize safety, medical recovery, and legal intervention without automatic loss of employment.

This legislation applies to employers with 50 or more workers, expanding protections beyond traditional leave frameworks in cases involving abusive environments or emergency intervention needs.

Permissible Uses of Protected Leave

Qualifying employees may seek leave for:

• Medical treatment and healthcare planning
• Psychiatric care, trauma-informed therapy, or professional counseling
• Filing for or obtaining court-issued protective orders
• Court appearances, hearings, or compliance proceedings
• Law-enforcement coordination or meetings
• Advocacy support involving immediate family members affected by abuse

These provisions acknowledge that abuse-related leave is not limited to physical harm but also includes psychological pressure, legal vulnerability, and family protection needs.

Employer Discretion and Leave Coordination

Under the statute:

• Employees must first exhaust accrued personal, vacation, or sick leave
• Employers may classify the leave as paid or unpaid, at their discretion
• The statute does not supersede collective bargaining agreements or policies that offer greater rights or longer leave benefits
• Leave cannot be denied automatically if eligibility conditions are met

The law aims to balance employer operational needs while preventing misuse as grounds for termination or discriminatory action against abuse victims.

Required Verification and Supporting Documentation

To validate the need for leave, employees may submit one or more of the following:

• Court-issued abuse protection or restraining orders
• Police reports or documented incident filings
• Medical records verifying physical or psychological treatment
• Formal statements from licensed counselors, social workers, legal advocates, or clergy members, signed under penalty of perjury

Employers may request verification only when reasonably necessary and cannot use confidential disclosures as justification for retaliation.

The Massachusetts legislature recently implemented legislation to assist victims of domestic violence with job protection when they require leave from work. The law applies to businesses employing 50 or more workers. It provides up to 15 days of leave during a 12 month period for employees who are victims of abusive behavior.

The leave can be used for the following situations:

• Medical care-giving;
• Psychiatric counseling;
• Securing a court protective order;
• Court appearances;
• Law enforcement meetings; and/or
• Any of these issues pertaining to abusive behavior against members of the employee’s immediate family.

Before taking this leave, the employee must utilize all available personal, vacation and sick leave. In addition, the employer maintains discretion in determining whether the leave is paid or not.

Employee Responsibilities

To prove eligibility for leave under this legislation, the employee must give the employer advanced notice when possible. If unplanned leave is taken under emergency circumstances, the employee’s lawyer, social worker or advocate must provide the employer with a written explanation within three days.

Employees must also provide supporting documentation to prove the existence of a domestic violence situation. This is accomplished with:

• A protective order;
• A police report;
• Medical documentation;
• A legal advocate; and
• Sworn statement from a counselor, social worker, shelter worker or clergy – signed under penalty of perjury.

If you have any questions about the legislation or any other employment leave questions for some reason, contact us today.