HOUSE DOCKET, NO. 345        FILED ON: 1/8/2025

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The Commonwealth of Massachusetts

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PRESENTED BY:

Vanna Howard

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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 expanding paid family and medical leave.

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PETITION OF:

HOUSE DOCKET, NO. 345        FILED ON: 1/8/2025

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The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act relative to expanding paid family and medical leave.

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. Section 1 of chapter 175M of the General Laws is hereby amended by striking the definition of “employer” and inserting the following:-

''Employer'', shall have the same meaning as provided in subsection (i) of section 1 of chapter 151A; provided, however, that an individual employer shall be determined by the Federal Employer Identification Number; provided further, that, notwithstanding any general or special law to the contrary, the PCA quality home care workforce council established in section 71 of chapter 118E shall be the employer of personal care attendants, as defined in section 70 of said chapter 118E, solely for the purposes of section 6 and consumers, as defined in said section 70 of said chapter 118E, shall be considered the employers of personal care attendants solely for the purposes of the notice requirements set forth in subsections (a) and (b) of section 4 and subsection (d) of section 8; provided further, that, notwithstanding any general or special law to the contrary, the department of early education and care shall be the employer of family child care providers, as defined in subsection (a) of section 17 of chapter 15D, solely for the purposes of section 6 and the notice provisions set forth in subsections (a) and (b) of section 4 and subsection (d) of section 8; provided further, that, notwithstanding any general or special law to the contrary, a school district as defined in section 2 of chapter 70 shall be considered a covered employer and shall not be subject to section 10 of this chapter; provided further, that any employer not subject to this chapter may become a covered employer under this chapter by notifying the department of family and medical leave and completing the procedure established by the department; and provided further, that a municipality, district, political subdivision or its instrumentalities shall not be subject to this chapter unless it adopts this chapter under section 10.

SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2DDDDDD the following sections: -

Section 2EEEEEE. (a) There shall be a separate fund known as the Educator Paid Family and Medical Leave Fund.  The fund shall be administered by the department of family and medical leave to reimburse the employers’ costs associated with providing paid family and medical leave benefits to employees of school districts, under said chapter 175M. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) any interest earned on such funds. Amounts credited to the fund shall be used, without further appropriation, provided, that, if the funds allocated to this fund are insufficient, the department of family and medical shall submit to the house and senate committees on ways and means a request for an additional appropriation.

(b) The comptroller shall certify the balance of the fund at the end of each fiscal year.