Code of Massachusetts Regulations
458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE
Title 458 CMR 2.00 - Family and Medical Leave
Section 2.15 - Attestations and False Statements
Current through Register 1531, September 27, 2024
Individuals applying for benefits or seeking to amend or extend an approved application for benefits shall attest to the truthfulness of all statements and submissions made to the Department. An individual shall not be eligible to receive family or medical leave benefits if the Department finds by a preponderance of the evidence that the individual willfully made a false statement or representation or willfully withheld a material fact in order to obtain benefits.
In determining whether an individual willfully made false statements, the Department will consider the nature and cause of the false statement and the capacity of the particular individual to recognize the error resulting in the false statement. Factors considered shall include the individual's age and intelligence as well as any physical, mental, educational, or linguistic limitation, including lack of facility with the English language. A good faith mistake of fact by the individual in the filing of an application for benefits does not constitute willfulness. A false statement shall be considered willful if the individual:
(1) furnishes information that the individual knew, or reasonably should have known, to be incorrect;
(2) fails to furnish information that the individual knew or reasonably should have known to be material; or
(3) accepts a payment that the individual knew, or reasonably should have known that the individual was not entitled to receive.
If the Department finds that an individual received benefits on the basis of a false statement, it may require the individual to repay to the Trust Fund any benefits received. Employees who have been determined to have received benefits on the basis of a false statement shall not receive the protections and benefits of 458 CMR 2.16(1) through (3).
