Small Necessities Leave Act (M.G.L.c. 149, s. 52D) (940 CMR 20.00)
- Under the Small Necessities Leave Act employees are entitled to a total of 24 hours of leave during any 12 month period, in addition to any leave that may be available under the FMLA, to:
- Participate in school activities directly related to the educational advancement of a son or daughter;
- Accompany a son or daughter to routine medical or dental appointments; and
- Accompany an elderly relative at least 60 years of age and related by blood or marriage to routine medical or dental appointments or appointments for other professional services.
- To be eligible for such leave an employee must:
- have been employed for at least 12 months;
- have actually worked for at least 1,250 hours during the previous 12 months. (Exempt employees are presumed to have worked 1,250 hours); and
- be employed at a place where there are 50 or more employees within 75 miles.
An employee may elect, or the employer may require the employee, to substitute accrued, but unused paid time off that the employee has earned.
Such leave may be taken intermittently or on a reduced leave schedule.
If the necessity for the leave is foreseeable, the employee must provide the employer with not less than seven days' notice. If it is not foreseeable, the employee must provide as much notice as practicable.
An employer may require that the request for leave be supported by certification.
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