MASSACHUSETTS' SMALL NECESSITIES LEAVE LAW

Do your elderly patients' adult children tell you they can't accompany the patient to appointments or to visit nursing homes because they are afraid of losing their job? You should know about the Massachusetts "Act Providing Employee Leave for Certain Family Obligations" commonly known as the Small Necessities Leave Law. Massachusetts employees who work for large employers (50 or more employees) are eligible for up to 24 hours of unpaid leave in a 12 month period for medical or educational appointments for their children or elderly relatives. This is in addition to any applicable Family Medical Leave Act time taken.

To be eligible the employee must have:

  • been employed for at least 12 months by the employer, and
  • provided at least 1,250 hours of service for the employer during the immediately previous 12 months.

The leave may be taken for any of the following reasons:

  • to participate in school activities directly related to the educational advancement of a son or daughter of the employee (e.g., parent/teacher conferences, school interviews)
  • to accompany the son or daughter of the employee to routine medical or dental appointments, such as check-ups or vaccinations or
  • to accompany an elderly relative (60 years old or older, related by blood or marriage) of the employee to medical or dental appointments or other professional services related to the elder's care, such as interviewing at nursing or group homes.

The employee must give seven days notice if the leave is foreseeable. If not foreseeable the employee must give as much notice as practicable.

The leave can be taken intermittently and in less than one day increments.

An employee may elect, or an employer may require that the employee substitute accrued but unused paid time off.

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