Current through 2024-51, December 18, 2024
Section 170-18-V - Notice and Use of LeaveA. Reasonable Notice. Absent an emergency, illness or other sudden necessity for taking earned paid leave, the employer may have a written policy requiring up to 4 weeks' notice to the employer of the employee's intent to use earned leave.B. Notice required for an emergency, illness or other sudden necessity must be reasonable under the circumstances, recognizing that advance notice may not be feasible. In such circumstances, a covered employee shall make a good faith effort to provide as much notice as is feasible under the circumstances to the employer of the employee's intent to use earned paid leave.C. Scheduling of Leave. The Employer may place reasonable limits on the scheduling of earned paid leave for reasons other than emergency, illness or other sudden necessity, to prevent undue hardship on the employer as reasonably determined by the employer .Undue hardship means a significant impact on the operation of the business or significant expenses, considering the financial resources of the employer, the size of the workforce, and the nature of the industry.D. Employees may use earned paid leave in increments of at least one hour, unless the employer chooses to allow smaller increments.E. The employer cannot require the employee to use accrued earned paid leave when the employer causes the employee to be unable to perform their job, such as by closing the business or cancelling a shift.F. An employer shall not deny an employee the right to use paid leave available for use by that employee in accordance with the conditions of this section.12-170 C.M.R. ch. 18, § V