HOUSE DOCKET, NO. 3411        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1718

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kenneth I. Gordon

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing a family and medical leave and temporary disability leave insurance program.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3411        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1718

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act establishing a family and medical leave and temporary disability leave insurance program.

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:  The General Laws are amended by inserting after chapter 175J the following:-

CHAPTER 175K.

Section 1.  The following words and phrases as used in this chapter shall have the following meanings unless the context clearly requires otherwise:

(a) "Benefit year" has the same meaning as provided by section 1(c) of chapter 151A.

(b) “Child” has the same meaning as provided by the federal Family Medical Leave Act.             

(c) “Commission” means the Massachusetts commission against discrimination, as established by section 56 of chapter 6.

(d) "Contributions" means the payments made by an employer to the family and employment security trust fund and administrative account, as required by this chapter.

(e) "Director" means the director of the Massachusetts family and medical leave program.

(f) "Division" means the Massachusetts division of family and medical leave as established by subsection (g) of section 3 of this chapter.

(g) “Employee” has the same meaning as provided by section 1(h) of chapter 151A, provided that notwithstanding section 1(h) if chapter 151A or any other special or general law to the contrary, Family Child Care Providers, as defined in section 17(a) of chapter 15D, shall be deemed employees for purposes of this section.

(h) "Employer" has the same meaning as provided by section 1(i) of chapter151A, provided that notwithstanding section 1(i) of chapter 151A, section 17 of chapter 15 , sections 70-75 of chapter 118E,  or any other special or general law to the contrary, the Department of Early Education and Care shall be deemed the Employer of Family Child Care Providers, as defined in section 17(a) of chapter 17 and the PCA Quality Home Care Workforce Council shall be deemed the Employer of all Personal Care Attendants, as defined in section 70 of chapter 118E, for purposes of this section.

(i) “Employment” has the same meaning as provided by section 1(k) of chapter 151A.

(j) “Employment benefits” means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual or vacation leave, educational benefits, and pensions.

(k) "Family member" means the spouse, child, parent, parent of spouse, grandparent, or grandchild of an individual seeking leave or disability benefits under this chapter.

(l) “Family care benefits” means disability benefits provided pursuant to section 3 of this chapter to a covered employee who is on leave from or who has left employment with the employer because the employee is caring for a family member for one of the following reasons: (1) the birth of a child of the employee, (2) the placement of a child with the employee for adoption or foster care, or (3) a serious health condition of a family member of the employee.

(m) “Family care leave” means leave taken by a covered employee from employment to provide care for a family member for one of the following reasons: (1) the birth of a child of the employee, (2) the placement of a child with the employee for adoption or foster care, or (3) a serious health condition of a family member of the employee.

(n) “Health care provider” means a person licensed to practice medicine, surgery, dentistry, chiropractic, podiatry, or osteopathy, or any other person determined by the division to be capable of providing health care services.

(o) "Individual average weekly wage" has the same meaning as “average weekly wage” as defined in section 1(w) of chapter 151A and shall be calculated using the base period earnings as defined by section 1(a) of chapter 151A.

(p) “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either (1) inpatient care in a hospital, hospice, or residential medical facility; or (2) continuing treatment by a health care provider.

(q) “Temporary disability benefits” means disability benefits provided pursuant to section 3 of this chapter to a covered employee who is on a leave from or who has left  employment with the employer because of a serious health condition of the employee that makes the employee unable to perform the functions of the employee’s position.

(r) “Temporary disability leave” means leave taken by a covered employee from employment because of a serious health condition of the employee that makes the employee unable to perform the functions of the employee’s position.

(s) "Wages" means all remuneration as defined in section 1(s) of chapter 151A.

(t) “Weekly benefit amount” means the amount of disability benefits paid to a covered employee on a weekly basis, as provided by section 3, subsection (a), of this chapter.

Section 2. 

(a) An employee is eligible for temporary disability leave or family care leave if the employee has at least 1,250 hours of service for the employer.

(b) The duration of temporary disability or family care leave shall be limited as set forth in section 3, subsections (b) and (c) of this chapter.

(c) In the case of family care leave taken because of (1) the birth of a child of the employee, or (2) the placement of a child with the employee for adoption or foster care, the entitlement to leave shall expire at the end of the 12-month period beginning on the date of the birth or placement.

(d) An employer may, at its option, require that a request for temporary disability or family care leave be supported by a certification of the need for leave.  The certification shall be sufficient if it meets the criteria set forth in section 3, subsection (e), of this chapter.

(e)  An employee who has taken temporary disability or family care leave pursuant to this section shall be restored to the employee’s previous position, or to a substantially similar position, with the same status, pay, employment benefits, length of service credit, and seniority as of the date of leave, provided that the right to such restoration shall be limited to 12 weeks  during any 12-month period. Nothing herein shall interfere with the rights of parents or legal guardians under section 17(i) of chapter 15D of the general laws or the rights of consumers or consumer surrogates under section 73(a) of chapter 118E of the general laws.

(f)  An employer shall not be required to restore an employee who has taken temporary disability or family care leave to the previous or to a substantially similar position if other employees of equal length of service credit and status in the same or substantially similar positions have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of leave; provided, however, that the employee who has taken leave shall retain any preferential consideration for another position to which the employee was entitled as of the date of leave.

(g) Taking of temporary disability or family care leave shall not affect an employee's right to receive accrued vacation time, sick leave, bonuses, advancement, seniority, length of service credit, employment benefits, plans or programs for which the employee was eligible at the date of the employee’s leave, and any other rights incident to the employee’s employment.

(h) During the duration of an employee’s temporary disability or family care leave, the employer shall continue to provide for and contribute to the employee’s employment-related health insurance benefits, if any, under the same terms and conditions as those existing prior to leave, up to 12 weeks during any 12 month period

(i)  Nothing in this section or chapter shall be construed so as to affect any bargaining agreement, company policy, or other federal, state, or municipal law which provides for greater or additional rights to leave than those provided for by this section. 

(j) Where an employee intends to take family care leave because of the birth of a child of the employee, or the placement of a child with the employee for adoption or foster care, and where the need for leave is foreseeable, the employee shall notify the employer of the intended leave at least 30 days prior to the date that the leave is to begin, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable. 

(k) Where an employee intends to take temporary disability or family care leave because of a serious health condition of the employee or of a family member of the employee, and where the need for leave is foreseeable based on planned medical treatment, the employee shall notify the employer of the intended leave at least 30 days prior to the date that the leave is to begin, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

(l) The notice required under this section shall consist of the anticipated starting date of the leave, the length of the leave, and the expected date of return. 

(m)  Where an employer fails to provide notice of the provisions of this chapter as required under section 7 of this chapter, the employee’s notice requirement shall be waived. 

(n)  It shall be unlawful for any employer to retaliate by discharging, firing, suspending, expelling, disciplining or in any other manner discriminating against an employee for exercising any right to which such employee is entitled under this section or with the purpose of interfering with the exercise of any right to which such employee is entitled under this section.

(o)  It shall be unlawful for any employer to retaliate by discharging, firing, suspending, expelling, disciplining or in any other manner discriminating against an employee who has filed a complaint or instituted or caused to be instituted a proceeding under or related to this section, has testified or is about to testify in an inquiry or proceeding, or has given or is about to give information connected to any inquiry or proceeding relating to this section.

(p)  Any negative change in the seniority, status, employment benefits, pay, or other terms or conditions of employment of an employee who has been restored to a position pursuant to this section that occurs within six months of such restoration, or of an employee who has participated in proceedings or inquiries pursuant to this section within six months of the termination of proceedings shall be presumed to be retaliation under this section.

(q) The commission shall be responsible for the interpretation and enforcement of this section and may promulgate rules and regulations pursuant thereto.

(r) Enforcement of this section and relief for violations of this section shall be governed by the procedures set forth in sections 5 through 9 of chapter 151B.

Section 3.

(a)(1) The weekly benefit amount shall be determined as follows, subject to paragraph (2) of this section :

  (i)  For an eligible individual whose yearly earnings are not more than thirty (30%) percent of the area median income, the weekly benefit amount shall be equal to ninety-five (95%) percent of the eligible individual’s weekly wage;

(ii)  For an eligible individual whose yearly earnings are more than thirty (30%) percent of but not more than fifty (50%) percent of the area median income, the weekly benefit amount shall be equal to ninety (90%) percent of the eligible individual’s weekly wage;

(iii) For an eligible individual whose yearly earnings are more than fifty (50%) percent of but not more than eighty (80%) percent of the area median income, the weekly benefit amount shall be equal to eighty-five (85%) percent of the eligible individual’s weekly wage;

(iv) For an eligible individual whose yearly earnings are more than eighty (80%) percent of the area median income, the weekly benefit amount shall be equal to sixty-six (66%) percent of the eligible individual’s weekly wage.

(2)  The weekly benefit determined under paragraph (a)(1) of this subsection shall not exceed one thousand ($1,000) dollars per week.  Commencing January 1, 2018, the division shall adjust annually the maximum weekly benefit amount to reflect changes in the United States Bureau of Labor Statistics Consumer Price Index for the Boston-Cambridge-Quincy consolidated metropolitan statistical area for all urban consumers, all goods, or its successor index.

(3)  For an employee who takes leave on a part-time basis, the weekly benefit amount shall be prorated.

(b) Temporary disability benefits: The duration of temporary disability benefits shall not exceed 26 weeks during the benefit year unless the employee takes leave on a part-time basis, in which case the duration of temporary disability benefits shall not exceed 52 calendar weeks and the total benefit amount shall not exceed 26 times the weekly benefit amount.

(c) Family care benefits: The duration of family care benefits shall not exceed 12 weeks during the benefit year unless the employee takes leave on a part-time basis, in which case the duration of family care benefits shall not exceed 24 calendar weeks and the total benefit amount shall not exceed 12 times the weekly benefit amount.

(d)(1) No temporary disability or family care benefits shall be paid during the first seven consecutive days of any claim for such benefits. 

(2)  An employee may but shall not be required to utilize accrued sick or vacation pay during the first seven consecutive days of his claim for temporary disability benefits.

(e)(1)  An employee who makes a claim for temporary disability benefits shall provide a certification issued by the health care provider of the employee.  The certification shall be sufficient if it states the date on which the serious health condition commenced, the probable duration of the condition, the appropriate medical facts within the knowledge of the health care provider as required by the division, and a statement that the employee is unable to perform the functions of his position.

(2) An employee who makes a claim for family care benefits because of the serious health condition of a family member of the employee shall provide a certification issued by the health care provider of the family member.  The certification shall be sufficient if it states the date on which the serious health condition commenced, the probable duration of the condition, the appropriate medical facts within the knowledge of the health care provider as required by the division, a statement that the employee is needed to care for the family member, and an estimate of the amount of time that the employee is needed to care for the family member.

(3) An employee who makes a claim for family care benefits because of the birth of a child of the employee shall provide either a birth certificate or a certification issued by the health care provider of the child of the eligible employee.  The certification shall be sufficient if it states the date of the child’s birth.

(4) An employee who makes a claim for family care benefits because of the placement of a child with the employee for adoption or foster care shall provide a certification issued by the health care provider of the child, an adoption or foster care agency involved in the placement, or by other persons as determined by the division.  The certification shall be sufficient if it states the date of placement.

(5) An employee who makes a claim for family care benefits because of the placement with the employee for adoption or foster care of a child 18 years of age or older and incapable of self-care because of a mental or physical disability shall, in addition to the certification required by paragraph (4) of this subsection, also provide a certification issued by the health care provider of the child, or by other persons as determined by the division.  The certification shall be sufficient if it states the nature of the disability and fact that the child is incapable of self-care.

(6)  An individual shall not be eligible to receive disability benefits if the director finds that the individual, for the purpose of obtaining disability benefits, has willfully made a false statement or representation, with actual knowledge of the falsity thereof, or has willfully withheld a material fact concerning the facts required to be certified pursuant to this subsection.

(7)  Any medical or health information required under this section shall be treated as confidential and not disclosed except with permission from the employee who provided it unless disclosure is otherwise required by law.

(f)(1)  No individual may receive benefits under this section for a week in which the individual receives an amount equal to or greater than the weekly benefit amount in the form of wages or a wage replacement under any of the following: (i) any government program or law, including but not limited to unemployment insurance, worker's compensation other than for permanent partial disability incurred prior to the temporary disability claim, or under other state or federal temporary or permanent disability benefits law, (ii) a permanent disability policy or program of an employer, (iii) a temporary disability policy or program of an employer, or (iv) a paid sick, vacation, family, or medical leave policy of an employer.  For a week in which an individual receives wages or a wage replacement less than the weekly benefit amount, the individual shall receive disability benefits equal to the difference between the weekly benefit amount and the amount of wages or wage replacement received. 

(2)  Any wage replacement received under the programs or policies listed in paragraph (a)(i) through (iv) of this subsection and resulting from the same birth, adoption, or serious health condition on which the individual’s claim for disability benefits is based shall be deducted from the total amount of disability benefits for which the individual would otherwise be eligible.

(3)  Nothing in this subsection shall be construed to allow an employer to compel an employee to exhaust rights to any paid sick, vacation or personal time prior to receiving benefits under this chapter.

(g) There shall be a division of family and medical leave within the executive office of labor and workforce development which shall be administered by a director appointed by the Governor.

(h) The division shall conduct a public education campaign to inform workers and employers about the availability of temporary disability and family care leave and benefits, the requirements for receiving such leave and benefits and how to apply for such leave and benefits.

Section 4.

(a) An employer or an association of employers shall secure temporary disability and family care benefits for employees in any of the following ways:

(1)  By depositing and maintaining with the treasurer of the commonwealth, the contributions which the employer is required to pay according to the terms of this chapter and in the form and manner determined by the division; or

(2)  By insuring and keeping insured the payment of temporary disability and family care benefits with any stock, mutual, reciprocal or  other insurer authorized to transact the business of disability insurance in the commonwealth, provided that the policy is acceptable to the division as satisfying the obligation to provide for the payment of disability benefits under this chapter, that the benefits under the policy are at least as favorable as the disability benefits required by this chapter and that the policy does not require contributions from any employee or class of employees; or

(3)  By a private plan or agreement which the employer may, by her or his sole act, terminate at any time, provided that the plan or agreement is acceptable to the division as satisfying the obligation to provide for the payment of disability benefits under this chapter, that the benefits under the plan or agreement are at least as favorable as the disability benefits required by this chapter, and that the policy does not require contributions from any employee or class of employees; or

(4)  By any plan or agreement in existence by agreement or collective bargaining contract between the employer or employers or an association of employers and an association of employees, provided that the plan or agreement is acceptable to the division as satisfying the obligation to provide for the payment of disability benefits under this chapter, that the benefits under the plan or agreement are at least as favorable as the disability benefits required by this chapter, and that the plan or agreement does not require contributions from any employee or of any class of employees.

(5)  Nothing in this section or chapter shall be construed as to affect any bargaining agreement, company policy, or other state or federal law which provides for greater or additional benefits than those required under this chapter.

(6)  Nothing in this section or chapter shall be construed as prohibiting employees from contributing to the additional cost attributable to providing benefits that are greater than those required under this chapter.

(b) If payment of disability benefits is provided in whole or in part pursuant to paragraphs (2), (3), or (4) of subsection (a)  of this section, the employer or insurer shall file with the division a notice of coverage and statement of benefits provided.

(c) Employers providing for the payment of disability benefits under paragraphs (2), (3) or (4) of subsection (a) of this section shall not be required to make contributions pursuant to paragraph (1) of subsection (a) of this section.

Section 5.

(a) There is established in the treasury of the state, separate and apart from all public monies or funds of the state, a family and employment security trust fund which shall be administered by the treasurer exclusively for the purposes of this chapter.  All payments pursuant to this part shall be paid into the trust fund and all disability benefits payable under this chapter shall be paid from the trust fund.  The trust fund shall consist of:

(1) All contributions collected pursuant to this section, together with any interest thereon;

(2) Interest earned on any monies in the trust fund;

(3) Any property or securities acquired through the use of monies belonging to the trust fund;

(4) All earnings of such property and securities;

(5) All monies transferred into the trust fund from the family and employment security administrative account; and

(6) All other monies received for the trust fund from any source.

(b) There is established in the treasury of the state, separate and apart from all public monies or funds of the state, a family and employment security administrative account which shall be administered by the director exclusively for the purposes of this chapter.  The administrative account shall consist of:

(1) All contributions collected pursuant to this section, together with any interest thereon;

(2) All fines and penalties for the administrative account pursuant to this chapter;

(3) All monies collected by way of subrogation;

(4) Interest earned on any monies belonging to the administrative account;

(5) Any property or securities acquired through the use of monies belonging to the administrative account;

(6) All earnings of such property and securities;

(7) All monies appropriated to the administrative account by the legislature; and

(8) All other monies received for the administrative account from any source.

(c) The state treasurer shall be the treasurer and custodian of the family and employment security trust fund and the family and employment security administrative account and shall administer the trust fund and administrative account.  All monies in the trust fund and administrative account shall be held in trust for the purposes of this part only and shall not be expended, released, appropriated, or otherwise disposed of for any other purpose.  Monies in the trust fund and administrative account may be deposited in any depository bank in which general funds of the commonwealth may be deposited, but such monies shall not be commingled with other commonwealth funds and shall be maintained in separate accounts on the books of the depository bank.  Such monies shall be secured by the depository bank to the same extent and in the same manner as required by the general depository law of the commonwealth, and collateral pledged for this purpose shall be kept separate and distinct from any other collateral pledged to secure other funds of the commonwealth.  The trust fund shall maintain an annualized amount of at least 140 percent of the previous year's expenditure. 

(d) The treasurer shall pay all expenses incurred in administering the provisions of this chapter.  In the event that the balance in the family and employment security trust fund shall at any time be insufficient to pay disability benefits under this chapter, the governor, upon the treasurer's request, shall cause such sums as may be required for the payment of such disability benefits to be transferred from the family and employment security administrative account to the family and employment security trust fund. 

(e) Expenditures of monies in the family and employment security trust fund shall not be subject to provisions of law requiring specific appropriations or other formal release by state officers of money in their custody.  All disability benefits shall be paid from the trust fund upon warrants drawn upon the state treasurer by the comptroller of the commonwealth supported by vouchers approved by the director.

(f) The treasurer of the Commonwealth may, from time to time, invest such monies in the family and employment security trust fund as are in excess of the amount deemed necessary for the payment of disability benefits for a reasonable future period.  Such monies may be invested in bonds of any political or municipal corporation or subdivision of the commonwealth, or any of the outstanding bonds of the commonwealth, or invested in bonds or interest-bearing notes or obligations of the commonwealth, or of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest (or in federal land bank bonds or joint stock farm bonds).  The investments shall at all times be so made that all the assets of the trust fund shall always be readily convertible into cash when needed for the payment of disability benefits.  The treasurer shall have the power to dispose of securities or other properties belonging to the trust fund when needed for the payment of disability benefits.

(g) Temporary disability and family care benefits shall be paid from the family and employment security trust fund to eligible individuals.  Disability benefits shall also be paid from the trust fund to an employee who is entitled to receive such disability benefits but cannot because of the bankruptcy of his employer or because the employer is not in compliance with this chapter.  Disability benefits paid from the trust fund to such employee may be recovered through bankruptcy proceedings or from the noncomplying employer.  The treasurer shall institute administrative and legal action to effect recovery of such disability benefits.

(h) For the purpose of accumulating funds for the payment of temporary disability and family care benefits, and administrative costs, each employer, with the exception of any employer complying with paragraph (a)(2), (3) or (4) of section 4,  shall in the first year after the date the employer becomes subject to this chapter, and each year thereafter, pay amounts as determined by the treasurer.  Each employer shall transmit all such payments to the trust fund or administrative account in such manner, at such time, and under such conditions as shall be prescribed by regulations.

(i) On or before October first of each year, the treasurer shall certify to the secretary of the executive office of labor and workforce development the estimated costs for the coming year of disability benefits and for administrative services provided by the division.  Said rates of employer contribution to both the trust fund and the administrative account as established by this chapter shall be adjusted annually as consistent with the needs of the operation of said trust fund and administrative account.

(j) An employer to whom the division has sent a request for wage and employment information for an employee claiming temporary disability or family care benefits under this chapter shall complete and file such information within ten days from the date the request was sent.  If an employer does not respond within ten days, that employer may be held liable for any and all related costs incurred by the commonwealth.

Section 6.  Claims for temporary disability and family care benefits shall be filed with the division and shall be handled under the procedures prescribed by chapter 30A.

Section 7.  (a)  Every employer subject to this chapter shall keep posted in a conspicuous place or places on its premises a workplace notice prepared or approved by the division which shall set forth excerpts from this chapter and other information the division deems necessary to explain the chapter.  Such workplace notice shall be issued in English, Spanish, Chinese, Haitian Creole, Italian, Portuguese, Vietnamese, Laotian, Khmer, Russian, and any other language that is the primary language of at least 10,000 or one-half of one percent of all residents of the commonwealth.  Each employer with five or more employees whose primary language is not English shall post the workplace notice in that language, if such notice is available from the division.

(b) Each employer shall issue to each employee, within 30 days from date of the employee’s first day of work, written information provided or approved by the division which explains the availability of temporary disability and family care leave, and temporary disability and family care benefits provided pursuant to this chapter.

(c)  Each employer shall issue to each employee taking temporary disability or family care leave, as soon as practicable, but not more than 30 days from the date that the employee gives notice of leave, written information provided or approved by the division which shall contain the name and mailing address of the employer; the identification number assigned to the employer by the division; information describing the availability of temporary disability and family care benefits provided pursuant to this chapter; instructions on how to file a claim for disability benefits; the address and telephone number of the regional office of the division which serves the recipient; and the telephone number of the division.  Delivery is made when an employer provides such information to an employee in person or by mail to the employee’s last known address.

(d)  Any employer who fails to comply with the provisions of subsection (a) or (b) of this section shall be punished by a fine of not less than 50 dollars nor more than 300 dollars.  A subsequent violation of this subsection by the same employer shall be punished by a fine of not less than 250 dollars nor more than 1,000 dollars.  Where an employer fails to comply with this provision, an employee shall be deemed to have provided notice of leave under section 2, subsection (m), of this chapter.  The employer shall have the burden of demonstrating compliance with subsections (a) and (b) of this section.

(e)  The waiting period under section 3, subsection (d), of this chapter for an employee who did not receive the information required by subsection (c) of this section and who failed to file timely for disability benefits, shall be the initial week that such employee would have been eligible to receive temporary disability benefits or family care benefits.  The employer shall have the burden of demonstrating compliance with subsection (c) of this section.

Section 8.  This act shall be liberally construed as remedial legislation to further its purpose of providing job-protected temporary disability and family care leave, as well as temporary disability and family care benefits, to the employees of the commonwealth.  All presumptions shall be made in favor of the availability of leave and the payment of disability benefits under this chapter.

SECTION 2.  The General Laws are amended by inserting after paragraph 11A of section 4 of chapter 151B the following:-

11B.  (1) For an employer to discharge, fire, suspend, expel, discipline or in any other manner discriminate against an employee (i) for exercising any right to which such employee is entitled under the provisions of section 2, subsection 7, of this chapter, or (ii) with the purpose of interfering with the exercise of any right to which such employee is entitled under section 2, subsection 7, of this chapter.

(2)  For any employer to discharge, fine, suspend, expel, discipline or in any other manner discriminate against an employee who has filed a complaint or instituted or caused to be instituted a proceeding under or related to section 2, subsection 7, of this chapter, or who has testified or is about to testify in an inquiry or proceeding, or who has given or is about to give information connected to any inquiry or proceeding relating to section 2, subsection 7, of this chapter.

(3)  For purposes of this subsection, any negative change in the seniority, status, employment benefits, pay or other terms or conditions of employment of an employee who has been restored to a position pursuant to section 2, subsection 7, of this chapter that occurs within six months of such restoration, or of an employee who has participated in proceedings or inquiries pursuant to section 2, subsection 7, of this chapter within six months of the termination of proceedings shall be presumed to be retaliation. 

SECTION 3.  The General Laws are amended by inserting after subclause (Q) of section 2. (a)(2) of chapter 62 the following:-

(R)  Amounts received by an individual for temporary disability or family care leave under chapter 175K of the general laws.