© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 155 that an employer can choose from a variety of methods to determine the twelve-month period but must then apply the chosen method consistently and uniformly to all employees. Approved methods include the calendar year, the fiscal year, the employee’s anniversary date, “[t]he 12month period measured forward from the date of the employee’s first request for leave under the [SNLA],” or “[a] ‘rolling’ 12-month period measured backward from the date an employee uses any leave under the [SNLA].”935 This allowance applies to non-exempt employees only.936 A deduction of less than a full day from the salary of an exempt employee would violate the salary basis test, causing the employee to lose their exempt status, as discussed in Section V.A.2. The SNLA allows leave to be taken on an intermittent or reduced leave schedule. This means that an eligible employee does not need to take all the leave at once but may take the leave a few hours at a time depending on the employee’s needs. Employers may require employees to take the leave in minimum increments of no less than one hour.937 As with the FMLA, employees taking SNLA leave may choose, or be required by their employer, to substitute accrued vacation, personal, or sick leave for leave taken under the SNLA.938 Nothing in the SNLA requires employers to provide paid sick leave or paid medical leave for situations other than those normally allowed under the employer’s policy.939 In contrast to the FMLA under which employees must, if feasible, provide thirty days’ advance notice to their employer of the need to take leave, under the SNLA, employees need only provide seven days’ notice, if feasible.940 If the need for leave is not foreseeable, the law permits employees to inform their employer as soon as practicable.941 Employers should notify employees of their ability to request leave under the SNLA by posting or issuing a memorandum to all employees.942 Employers may require that requests for SNLA leave be supported by a certification.943 The SNLA authorizes the Massachusetts Attorney General to initiate a complaint or criminal action against an employer that violates the Act.944 Any employer convicted of a criminal violation of the Act will be subject to a fine of $500.00 or less.945 In addition, any aggrieved employee may institute a civil action against their employer for monetary damages or injunctive relief. Injunctive relief may include the court requiring the employer to provide the requested 935 See Massachusetts Attorney General Advisory 98/1 (citing 29 C.F.R. § 825.200(b)). 936 See DOL Wage & Hour Opinion Letter FLSA2007-6 (Feb. 8, 2007). 937 M.G.L. ch. 149, § 52D(c); Massachusetts Attorney General Advisory 98/1. 938 29 U.S.C. §§ 2601-2654; M.G.L. ch. 149, § 52D(c); Massachusetts Attorney General Advisory 98/1. 939 M.G.L. ch. 149, § 52D(c). 940 29 C.F.R. § 825.302; M.G.L. ch. 149, § 52D(d). 941 M.G.L. ch. 149, § 52D(d). 942 Massachusetts Attorney General Advisory 98/1. 943 M.G.L. ch. 149, § 52D(e). The Attorney General has prepared a model certification form, which is included in Massachusetts Attorney General Advisory 98/1. 944 M.G.L. ch. 149, § 150. 945 M.G.L. ch. 149, § 180.
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