Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.08 - Application for Benefits Filed with the Department

Current through Register 1525, July 5, 2024
(1)
Process for Filing
. A covered individual must file an application for benefits for family leave or medical leave benefits using forms prescribed by the Department. The individual may file an application for benefits with the Department no more than 60 calendar days before the anticipated start date of family or medical leave.
(2)
Required Notice
.
(a) An employee or covered contract worker shall give not less than 30 calendar days notice to their employer or covered business entity of the anticipated start date of family leave or medical leave pursuant to M.G.L. c. 175M, § 2. Notice shall be provided as soon as practicable if a delay is beyond the employee or covered contract worker's control.
(b) The Department will require an employee or covered contract worker to comply with the employer's or covered business entity's usual and customary notice and procedural requirements for leave, absent unusual circumstances. An employee or covered contract worker also may be required by an employer's or covered business entity's policy to contact a specific individual to report this information.
(c) Notice of an employee's or covered contract worker's need for family and medical leave must be made to the employer or covered business entity prior to an application to the Department for family or medical leave benefits. The Department will not accept an application for benefits, unless notice to the employer or covered business entity was made in accordance with 458 CMR 2.08(2)(a).
(d) Where an employee or covered contract worker does not comply with the notice requirement in 458 CMR 2.08(2)(a) or follow the employer's or covered business entity's usual notice and procedural requirements, and no unusual circumstances justify the failure to comply, protected leave and application for benefits may be delayed or denied by the Department
(e) When planning medical treatment, the employee or covered contract worker must consult with the employer or covered business entity in advance of an application to the Department and make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer's or covered business entity's operations, subject to the approval of the health care provider.
(f) If, for reasons beyond the covered individual's reasonable control, the individual cannot provide the Department with at least 30 calendar days notice then the individual shall provide notice as soon as is practicable. The Department shall notify a covered individual's employer or covered business entity, if applicable, not more than five business days after an application for benefits under M.G.L. c. 175M is filed, and shall facilitate the disclosure and exchange of relevant information or records regarding the application for benefits. The Department's notice to an employer or covered business entity shall contain:
1. the covered individual's full name and other identifying information;
2. the type of leave at issue;
3. the expected duration of the leave;
4. whether the request is for continuous or intermittent leave;
5. a certification as outlined in 458 CMR 2.08(5), supporting the need for a leave under M.G.L. c. 175M; and
6. any other information relevant to the application for benefits.