SENATE DOCKET, NO. 1029        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1197

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jason M. Lewis

_________________

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 improving the Massachusetts paid family medical leave law.

_______________

PETITION OF:

 

Name:

District/Address:

 

Jason M. Lewis

Fifth Middlesex

 

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

1/23/2023

Jack Patrick Lewis

7th Middlesex

1/26/2023

Michael D. Brady

Second Plymouth and Norfolk

1/30/2023

Susannah M. Whipps

2nd Franklin

1/30/2023

Marc R. Pacheco

Third Bristol and Plymouth

1/30/2023

Jacob R. Oliveira

Hampden, Hampshire and Worcester

1/30/2023

Sal N. DiDomenico

Middlesex and Suffolk

2/6/2023

Carmine Lawrence Gentile

13th Middlesex

2/10/2023

James B. Eldridge

Middlesex and Worcester

2/13/2023

Adam Gomez

Hampden

2/21/2023

John F. Keenan

Norfolk and Plymouth

2/23/2023

Brendan P. Crighton

Third Essex

3/14/2023

Rita A. Mendes

11th Plymouth

4/11/2023

Joan B. Lovely

Second Essex

4/13/2023

Joanne M. Comerford

Hampshire, Franklin and Worcester

7/12/2023


SENATE DOCKET, NO. 1029        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1197

By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1197) of Jason M. Lewis, Rebecca L. Rausch, Jack Patrick Lewis, Michael D. Brady and other members of the General Court for legislation to improve the Massachusetts paid family medical leave law.  Labor and Workforce Development.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act 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 instead the following three clauses after the colon appearing after the word "wage", at line 32:-

(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.

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 in its entirety and inserting the following clause at the end of clause (vi), on line 92:-

(vii) overall claimant demographics by age, gender, race and ethnicity, 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) in its entirety and inserting 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, primary language of 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.