By Scott A. Lathrop, Lathrop Law Offices

Small Necessities Leave Act (M.G.L.c. 149, §52D)

1. Under a Massachusetts statute recently enacted, certain employees are entitled to a total of 24 hours of leave during any 12 month period to:
a. Participate in school activities directly related to the educational advancement of a son or daughter;

b. Accompany a son or daughter to routine medical or dental appointments;

c. Accompany an elderly relative to routine medical or dental appointments or appointments for other professional services.

2. To be eligible for such leave an employee must:
a. have been employed for at least 12 months;

b. 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

c. be employed at a place where there are 50 or more employees within 75 miles.

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

4. 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.

5. An employer may require that the request for leave be supported by certification.

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