Amendment ID: S2446-15-R1
Redraft Amendment 15
Paid Family Leave
Mr. Tarr moves to amend the bill by striking in its entirety and inserting in place thereof the following:-
“SECTION__. Chapter 151A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking, in section 24, the first paragraph of subpart (a) and inserting in place thereof the following:-
(a) Have been paid wages in the base period amounting to at least 40 times the weekly benefit rate; provided, however, that for the period beginning on January first, nineteen hundred and ninety-five the individual has been paid wages in at least two calendar quarters of the base period amounting to at least 40 times the weekly benefit rate; provided, further, that said amount shall be increased annually proportionately, rounding to the nearest one hundred dollars, to any increases which have occurred during the prior calendar year in the minimum wage as set forth in section one of chapter one hundred and fifty-one; and, provided further, that any such increase shall be effective beginning on the first Sunday in January.
Section__. Chapter 151A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking, in section 30, subparts (a) and (b) and inserting in place thereof the following:-
(a) Except as provided in subsection (b), the total benefits which an unemployed individual may receive during his benefit year shall be an amount equal to thirty-six percent of his wages in the base period, or an amount equal to 26 times his benefit rate, whichever is less, plus dependency benefits payable under section 29; provided, however, that if in any month the average local unemployment for the last 12 months, as determined by the United States Department of Labor is equal to or below 5.1 per cent, the total benefits which an unemployed individual who then files a claim may receive during his benefit year shall be an amount equal to 36 per cent of his wages in the base period or an amount equal to 22 times his benefit rate, whichever is less, plus dependency benefits payable under said section 29; provided further that no such reduction in benefit rate from 26 times to 22 times the benefit rate due to the operation of this section shall occur to an individual’s total benefit amount if, in any month during the individual’s benefit year, the requirements of this section have not been met. If such amount includes a fractional part of a dollar, it shall be rounded to the next lower full dollar amount.
(b) Notwithstanding the provisions of subsection (a), an individual’s rights to receive regular benefits under this chapter for any week in excess of 22 times the individual’s weekly benefit amount, plus dependency benefits payable under section twenty-nine, shall cease for the remainder of the benefit year if such week of unemployment falls in an extended benefit period as defined in paragraph (a) of subsection (1) of section thirty A, or as defined in the Emergency Unemployment Compensation Act of 1991, or any other federal extended unemployment compensation act, as applicable.
SECTION__. Chapter 151A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting at the end thereof the following section:-
Section 75. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Bonding or bond”, to develop a psychological and emotional attachment between a child and his or her parent(s) or persons who stand in loco parentis.
“Child”, a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an employee who stands in loco parentis to that child.
“Department”, the department of unemployment assistance.
“Employee”, has the meaning described in section 1(h) of this chapter.
“Federal act”, sections 101 to 105, inclusive, of the Family and Medical Leave Act of 1993, 29 U.S.C. sections 2611 to 2615, inclusive, as it may be amended.
“Newborn child”, a child under one year of age.”
“Parent”, a biological, foster, or adoptive parent, a step-parent, a legal guardian, or other person who stands in loco parentis to the employee or the employee’s spouse or domestic partner when he or she was a child.
“Persons who stand in loco parentis”, persons with day-to-day responsibilities to care for and financially support a child. A biological or legal relationship is not required.
“Serious health condition”, any illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential healthcare facility, or continued treatment or continuing supervision by a licensed healthcare provider.
(b) An employee shall be eligible for temporary caregiver benefits if the employee meets the eligibility criteria for unemployment benefits under sections 24(a) and 24A of this chapter and for leave under the federal act; provided, however, that an employer may opt to waive the federal act eligibility criteria in a manner to be determined by the department.
(c) Temporary caregiver benefits are available for any week in which an employee is unable to perform his or her regular and customary work because he or she is:
(1) Bonding with a newborn child or a child newly placed for adoption or foster care with the employee; or
(2) Caring for a child, parent, parent-in-law, grandparent, or spouse, who has a serious health condition;
(d) Temporary caregiver benefits shall begin January 1, 2018 and be limited to a maximum of 4 weeks per calendar year. The benefit amount shall be calculated using the weekly benefit rate described in section 29 of this chapter. Temporary caregiver benefits shall be paid from the Unemployment Compensation Fund.
(e) If the necessity for temporary caregiver benefits under this section is foreseeable, the employee shall provide the employer and the department at least seven days’ notice before the date the leave is to begin. If the necessity for leave is not foreseeable, the employee shall provide such notice as is practicable.
(f) An employer may require that a request for benefits under this section be supported by a certification issued at such time and in such manner as the attorney general may by regulation require.
(g) The prohibition on false statements or misrepresentations contained in section 47 of this chapter shall apply to the benefits provided for in this section.
(h) The department shall implement and enforce the provisions of this section. The department shall have the following powers and duties:
(1) To promulgate regulations relative to the operation of temporary caregiver benefits;
(2) To create all necessary applications and certificates to fulfill the purposes of the temporary caregiver program; and
(3) To disseminate information regarding the program and carry out a public education program to inform employees and employers about the availability of benefits under the temporary caregiver program.”