HOUSE DOCKET, NO. 1063        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1888

The Commonwealth of Massachusetts

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PRESENTED BY:

Kenneth I. Gordon

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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 relative to improving the Massachusetts Paid Family Medical Leave Law.

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PETITION OF:

HOUSE DOCKET, NO. 1063        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1888

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to improving the Massachusetts Paid Family Medical Leave Law.

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. Subsection (c) of section 3 of chapter 175M of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking clauses (i) and (ii) from the second sentence and inserting in place thereof the following three clauses after the colon appearing after the word "wage", at line 42:- (i) a temporary disability policy or program of an employer; (ii) a paid family, or medical leave policy of an employer; or (iii) a sick, vacation, personal time or other paid leave policy or program provided by the employer, including but not limited to any leave provided under a collective bargaining agreement.

SECTION 2. Subsection (a) of section 4 of chapter 175M, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-

When an employee requests leave under this chapter, or when the employer acquires knowledge that an employee's leave may be for a qualifying reason under this chapter, the employer must notify the employee of the employee's eligibility to take paid leave under this chapter within five business days, absent extenuating circumstances, by giving the employee the appropriate leave certification form as designated by the department, in the primary language of the employee.

SECTION 3. Subsection (a) of Section 4 of said chapter 175M, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-

When a covered contract worker requests leave under this chapter, or when the covered business entity acquires knowledge that a covered contractor worker’s leave may be for a qualifying reason under this chapter, the covered business entity must notify the worker of the worker’s eligibility to take leave under this chapter within five business days, absent extenuating circumstances, by giving the worker the appropriate leave certification form as designated by the department, in their primary language.

SECTION 4. Subsection (e) of section 7 of chapter 175M of the General Laws, as so appearing, is hereby amended by striking clause (vii) from the first sentence in the second paragraph and inserting in place thereof the following clause at the end of clause (vi), on line 92:-

(vii) overall claimant demographics by age, gender, race and ethnicity, the primary language of applicant, geography, average weekly wage, occupation, employment type (full or part-time or self-employed), and the type of leave taken;

And by striking the word “and” after the semicolon at the end of clause (xii), at line 100;

And by striking clause (xiii) and inserting in place thereof at the end of clause (xii), at line 100, the following:-

(xiii) the number of cases remaining open at the close of such year; (xiv) the number of businesses and total workforce headcount enrolled, and the number of businesses and total workforce headcount covered by private plans; and (xv) the length of time between a covered individual’s first day of leave and their first payment of benefits. Data in (ii) through (vi), (xi), and (xv) shall be disaggregated by age, gender, race and ethnicity, the primary language of the applicant, geography, average weekly wage, occupation, employment type, and the type of leave taken. Data in (iii) and (vi) shall be further disaggregated by the relationship between the claimant and family member. Data in (vi) shall be further disaggregated by year of birth or placement.