G.1.5.1 Massachusetts Domestic Abuse Leave Act

Marine Biological Laboratory
Policy No. G.1.5.1

Human Resources

Initiated by: Human Resources Director
Approved by: MBL Director 
Date: June 2026
Distribution: MBL Community

Employees are entitled to up to 15 days of unpaid leave from work in any 12-month period if, as defined by applicable law: 

  1. the employee, or a family member of the employee, is a victim of abusive behavior;  
  2. the employee is using the leave from work to: seek or obtain medical attention, counseling, victim services or legal assistance; secure housing; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member of the employee; and
  3. the employee is not the perpetrator of the abusive behavior against such employee’s family member.

Except in cases of imminent danger to the health or safety, an employee seeking leave under this policy must provide appropriate advance notice of the leave to the MBL. If there is a threat of imminent danger to the health or safety of the employee or the employee’s family member, the employee is not required to provide advance notice of leave; provided, however, that the employee must notify the MBL within 3 workdays that the leave was taken or is being taken pursuant to this policy.  

Such notification may be communicated to the MBL by the employee, a family member of the employee or the employee’s counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee in addressing the effects of the abusive behavior on the employee or the employee’s family member.

If an unscheduled absence occurs, the MBL will not take any negative action against the employee if the employee, within 30 days from the unauthorized absence or within 30 days from the last unauthorized absence in the instance of consecutive days of unauthorized absences, provides any of the documentation described in the bullets below.

Employees must provide documentation evidencing that the employee or employee’s family member has been a victim of abusive behavior and that the leave taken is consistent with this policy; provided, however, that the MBL will not require an employee to show evidence of an arrest, conviction or other law enforcement documentation for such abusive behavior.  Employees must provide such documentation to the MBL within a reasonable period after the MBL requests documentation relative to the employee’s absence.  An employee may satisfy this documentation requirement by providing any of the following documents:

  • A protective order, order of equitable relief or other documentation issued by a court of competent jurisdiction as a result of abusive behavior against the employee or employee’s family member.  
  • A document under the letterhead of the court, provider or public agency which the employee attended for the purposes of acquiring assistance as it relates to the abusive behavior against the employee or the employee’s family member.
  • A police report or statement of a victim or witness provided to police, including a police incident report, documenting the abusive behavior complained of by the employee or the employee’s family member. 
  • Documentation that the perpetrator of the abusive behavior against the employee or family member of the employee has: admitted to sufficient facts to support a finding of guilt of abusive behavior; or has been convicted of or has been adjudicated a juvenile delinquent by reason of, any offense constituting abusive behavior and which is related to the abusive behavior that necessitated the leave under this section. 
  • Medical documentation of treatment as a result of the abusive behavior complained of by the employee or employee’s family member. 
  • A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee or the employee’s family member in addressing the effects of the abusive behavior. 
  • A sworn statement, signed under the penalties of perjury, from the employee attesting that the employee has been the victim of abusive behavior or is the family member of a victim of abusive behavior. 

Information related to the employee's leave under this policy will be kept confidential by the MBL and will not be disclosed, except to the extent that disclosure is: 

  1. requested or consented to, in writing, by the employee; 
  2.  ordered to be released by a court of competent jurisdiction; 
  3.  otherwise required by applicable federal or state law;  
  4.  required in the course of an investigation authorized by law enforcement, including, but not limited      to, an investigation by the attorney general; or 
  5.  necessary to protect the safety of the employee or others employed at the workplace.

The MBL will not coerce, interfere with, restrain or deny the exercise of, or any attempt to exercise, any rights provided under this policy or to make leave requested or taken hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.  The MBL will not discharge or in any other manner discriminate against an employee for exercising the employee’s rights under this policy.  The taking of leave under this policy will not result in the loss of any employment benefit accrued prior to the date on which the leave taken under this policy commenced. Upon the employee’s return from such leave, to the extent required by applicable law, the employee will be entitled to restoration to the employee’s original job or to an equivalent position.

Guidelines

Employees do not accrue sick leave, vacation, and personal holidays during an unpaid leave.

Employees on a leave are expected to be reasonably responsive to and to communicate with the Human Resources Department during the leave.

If an employee does not return to work when the leave ends and has not been approved for an additional leave of absence or other reasonable accommodation as required by law, employment will be terminated as of the last day of the approved leave of absence.

Policy clarifications and updates are available from the Human Resources office.

MBL reserves the right to amend this policy at any time.