Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of458 CMR 2.00, the following
				words shall have the following meanings, unless the context clearly requires
				otherwise. Terms defined under the federal Family Medical Leave Act of 1993,
				and its implementing regulations (28 CFR §
									825)
				shall be treated as persuasive, supplementary authority when those definitions
				are not facially inconsistent with the terms adopted in M.G.L. c. 175M, and
				458 CMR
				2.00.
Accrued Paid Leave
. Leave earned by or
				otherwise provided to a covered individual pursuant to a benefit plan or policy
				offered by an employer or covered business entity including, but not limited
				to, sick leave, annual leave, vacation leave, personal leave, compensatory
				leave or paid time off. Accrued paid leave shall not include:
(a) disability policy or program of an
			 employer or covered business entity; or
(b) paid family, or medical leave policy of
			 an employer or covered business entity.
Active Duty
. For the purposes of
				administering paid leave under M.G.L. c. 175M, and
				458 CMR
				2.00,
Active Duty
means
				full-time duty in the active military service of the United States and
				full-time National Guard duty, and deployed to a foreign country.
Adoption
. Legally and permanently
				assuming the responsibility of raising a child as one's own. The source of an
				adopted child
(i.e.,
whether from a licensed placement agency
				or otherwise) is not a factor in determining eligibility for leave.
Application for Benefits
. A request
				for family or medical leave benefits pursuant to
				458
				CMR 2.08.
Average Weekly Wage
. Has the same
				meaning as provided in M.G.L. c. 151A, § l(w); provided, however, that
				Average Weekly Wage shall be calculated using earnings from the base period;
				and provided further, that in the case of a self-employed individual, Average
				Weekly Wage shall mean 1/26 of the total earnings of the
				self-employed individual from the two highest quarters of the 12 months
				preceding such individual's application for benefits under M.G.L. c. 175M. If
				an individual has multiple employers, the Average Weekly Wage will be
				calculated for each employer or covered business entity separately.
Average Working Week
. The average
				number of hours worked from the two highest quarters of the 12 months preceding
				such individual's application for benefits under M.G.L. c. 175M.
Base Period
. The last four completed
				calendar quarters within the previous five calendar quarters immediately
				preceding the date an application for benefits is filed with the Department for
				a qualified period of paid family or medical leave. A completed calendar
				quarter is one for which an employment and wage detail report has been or
				should have been filed, pursuant to
				458
				CMR 2.04(1) and (2).
Benefit Year
. The period of 52
				consecutive weeks beginning on the Sunday immediately preceding the first day
				that job-protected leave under M.G.L. c. 175M commences for the covered
				individual.
Calendar Year
. A 12-month period
				starting with January 1st and ending with December
				31st.
Child
. A biological, adopted or foster
				child, a stepchild or legal ward, a child to whom the covered individual stands
				in
loco parentis,
or a person to whom the covered individual
				stood in loco parentis when the person was a minor child.
Complete Application
. An application
				for benefits that contains all of the required information from the covered
				individual pursuant to
				458
				CMR 2.08(2)  and all of the
				information required from the employer pursuant to
				458
				CMR 2.08(6). The application
				for benefits shall be deemed complete when the Department receives the
				information required under
				458
				CMR 2.08(6)  or ten business
				days after the Department requests the information required under
				458
				CMR 2.08(6)  from the
				employer, whichever is sooner.
Continuing Treatment by a Health Care
				Provider
. Includes any one or more of the following:
(a)
Incapacity and
			 Treatment
. A period of incapacity of more than three consecutive,
			 full calendar days, and any subsequent treatment or period of incapacity
			 relating to the same condition, that also involves:
1. Treatment two or more times, within 30
			 calendar days of the first day of incapacity, unless extenuating circumstances
			 exist, by a health care provider, by a nurse under direct supervision of a
			 health care provider, or by a provider of health care services
			 (
e.g
., physical therapist) under orders of, or on referral by,
			 a health care provider; or
2.
			 Treatment by a health care provider on at least one occasion, which results in
			 a regimen of continuing treatment under the supervision of the health care
			 provider. Treatment includes examination to determine if there is a serious
			 health condition.
Treatment does not include routine physical examinations, eye
				examinations, or dental examinations. A regimen of continuing treatment
				includes a course of prescription medication or therapy requiring specialized
				equipment to resolve or alleviate the health condition.
3. The requirement for treatment by a health
			 care provider means an in-person visit or telehealth visit to a health care
			 provider. The first (or only) in-person or telehealth visit must take place
			 within seven calendar days of the first day of incapacity
4. Whether additional treatment visits or a
			 regimen of continuing treatment is necessary within the 30-calendar day period
			 shall be determined by the health care provider.
5. The term extenuating circumstances means
			 circumstances beyond the covered individual's control that prevent the
			 follow-up visit from occurring as planned by the health care provider. Whether
			 a given set of circumstances are extenuating depends on the facts. For example,
			 extenuating circumstances exist if a health care provider determines that a
			 second in-person visit is needed within the 30-calendar day period, but the
			 health care provider does not have any available appointments during that time
			 period.