146 | Massachusetts Wage & Hour Peculiarities, 2025 ed. © 2025 Seyfarth Shaw LLP Leave taken pursuant to ARDV can be paid or unpaid.859 Employers may require employees to exhaust other available leave before taking leave but are not required to do so.860 An employee must provide their employer with “appropriate” advance notice of an intent to take leave.861 The law does not specify any particular amount of time for “appropriate” notice. Advance notice is not required when there is a threat of imminent danger to the health and safety of an employee or the employee’s family member.862 Under those circumstances, the employee, or anyone assisting the employee in addressing the abusive behavior, may notify the employer within three workdays following the employee’s absence that the absence was to address issues relating to abusive behavior.863 Such notice may be written or oral.864 In addition, if an unscheduled absence occurs and the employee provides appropriate documentation within thirty days, the employer cannot take any negative action against the employee.865 An employer may require documentation to substantiate the need for ARDV leave. Employees must provide such documentation within a reasonable period after the employer makes such a request.866 Acceptable forms of documentation include: a court-issued protective order; an official document from a court, provider, or public agency; a police report or statement of a victim or witness provided to the police; official legal documentation attesting to the perpetrator’s guilt; medical documentation of treatment for the abusive behavior; a sworn statement from the employee attesting to being a victim of abusive behavior; and a sworn statement from a professional who has assisted the employee or the employee’s family (for example, a counselor, social worker, or member of the clergy).867 All information related to an employee’s leave must be kept confidential and may only be shared: (1) with the employee’s written permission; (2) when required to do so by law or in order to cooperate with law enforcement; or (3) if the disclosure is necessary to protect the health and safety of the employee or coworkers.868 859 M.G.L. ch. 149, § 52E(b)(iii). 860 M.G.L. ch. 149, § 52E(g). See also Massachusetts Attorney General Advisory Concerning M.G.L. ch. 149, § 52E, available at https://www.mass.gov/doc/attorney-generals-advisory-on-domestic-violence-leave/download (hereinafter, “A.G. Advisory Concerning ARDV”) (last visited Mar. 6, 2025). 861 M.G.L. ch. 149, § 52E(d). 862 Id. 863 Id. 864 See A.G. Advisory Concerning ARDV, supra note 860. 865 M.G.L. ch. 149, § 52E(d). 866 M.G.L. ch. 149, § 52E(e). 867 Id. 868 M.G.L. ch. 149, § 52E(f).
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