Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 30 of the General Laws is hereby amended by inserting after section 9G, as appearing in the 1988 Official Edition, the following section:-

Section 9H. Any employee of the commonwealth, who is a veteran as defined in clause Forty-third of section seven of chapter four or is a member of a department of war veterans listed in section seventeen of chapter eight, and who desires to participate in a Veterans Day or Memorial Day exercise, parade or service, shall be granted a reasonable and sufficient period of time off from his duties to attend and participate in such services or exercises.

This section shall not apply to employees whose services are essential and critical to public health or public safety, including but not limited to those employees whose regular and major duties require them to have the care, custody, instruction or supervision of inmates in correctional facilities and institutions or of persons who are mentally ill or mentally defective or defective delinquents, firefighters, police officers, guards and other persons who are determined to be essential and critical to the effective delivery of public services to the commonwealth. Any time off taken by an employee of the commonwealth under this section shall be without pay; provided, however, that any such employee may elect to apply accrued vacation or personal leave time to such time off.

SECTION 2. Chapter 40 of the General Laws is hereby amended by inserting after section 21C, as so appearing, the following section:-

Section 21C>. An employee of a city or town which accepts the provisions of this section who is a veteran as defined in clause Forty-third of section seven of chapter four or is a member of a department of war veterans listed in section seventeen of chapter eight, and who desires to participate in a Veterans Day or Memorial Day exercise, parade or service, may be allowed and granted a reasonable and sufficient period of time off from his duties to attend and participate in such services or exercises. This section shall not apply to employees whose duties and services are critical and essential to the public safety as determined by ordinance or by-law, and the city or town may determine whether such time shall be with or without pay.

SECTION 3. Chapter 149 of the General Laws is hereby amended by inserting after section 52A, as so appearing, the following section:-

Section 52A>. Any employee who is a veteran as defined in clause Forty-third of section seven of chapter four or is a member of a department of war veterans listed in section seventeen of chapter eight and who desires to participate in a Veterans Day or Memorial Day exercise, parade or service shall be allowed and granted a leave of absence, with or without pay at the discretion of an employer, of sufficient time to participate in such services in their community of residence.

This section shall not apply to employees whose services are essential and critical to the public health or safety and determined to be essential to the safety and security of each such employer or property thereof.