Purpose, Scope, and Other General Provisions

(1) Purpose. 458 CMR 2.00 clarifies procedures, practices, and policies in the administration and enforcement of the Family and Medical Leave Law, M.G.L. c. 175M. (2) Scope. 458 CMR 2.00 applies to Massachusetts employers and covered business entities and to Massachusetts covered individuals, including employees and self-employed individuals who elect coverage, who are eligible for family and medical leave benefits pursuant to the provisions of M.G.L. c. 175M. Under 458 CMR 2.00, an employer or covered business entity shall be considered a Massachusetts employer or covered business entity with respect to services performed by a covered individual for the employer or covered business entity, and a covered individual shall be considered a Massachusetts covered individual with respect to all services provided within, or both within and without Massachusetts for an employer or covered business entity, if: (a) the service performed is localized in Massachusetts. Service shall be deemed to be localized within Massachusetts if the service is performed entirely within Massachusetts, or the service is performed both within and without Massachusetts, but the service performed without Massachusetts is incidental to the individual's service within Massachusetts; for example, the service is temporary or transitory in nature, or consists of isolated transactions. (b) the service is not localized in any state, but some part of the service is performed in Massachusetts; and 1. the individual's base of operations is in Massachusetts or, if there is no base of operations, then the place from which such service is directed or controlled, is within Massachusetts; or 2. the individual's base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in Massachusetts. (3) Interaction with State and Federal Leave Laws. Leave taken under M.G.L. c. 175M shall run concurrently with leave taken under other applicable state and federal leave laws, including the Massachusetts Parental Leave Act (M.G.L. c. 149, § 105D) and the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601), when the leave is for a qualified reason under those acts. (4) Use of Electronic Communications. Any written communication required or permitted under M.G.L. c. 175M or under 458 CMR 2.00 shall be made and transmitted in the manner and form prescribed by the director, which may include by means of electronic communication. The director shall establish procedures allowing the use of the United States Postal Service (regular mail) for persons lacking reasonable access to, or the ability to use, electronic communication. (Mass. Register #1486, 1/06/2023) 458 CMR 2.00: FAMILY AND MEDICAL LEAVE Section