Amendment ID: S3178-25

Amendment 25

Protecting employees during periods of family bereavement

Ms. Miranda and Mr. Collins move that the proposed new text be amended by adding the following sections:-

“SECTION XX. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 52E, the following section:-

Section 52F. (a) As used in this section, the following words shall have the following meanings:-

“Bereavement”, leave from employment taken to grieve or make arrangements necessitated by the death of a family member.

“Family member,” the child, parent, guardian, sibling, spouse or person in a substantive dating or engagement relationship with an employee and who resides with that employee.

(b) An employer shall permit an employee to take bereavement leave following the death of a family member for up to 10 business days, used consecutively or non-consecutively, within any 12 month period to:

(1) Make arrangements necessitated by the death of the family member, including, but

not limited to, funeral arrangements, estate preparation, or other legal arrangements;

(2) Attend the funeral or equivalent to a funeral of a family member; or

(3) Grieve the death of a family member.

(4) Attend or prepare for legal proceedings related to the death of a family member.

(c) Leave permitted under this section must be initiated within 30 days of the date on which an employee receives notice of the death of a family member.

(d) An employer shall have the sole discretion to determine whether any leave taken under this section shall be paid or unpaid.

(e) Nothing in this section 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.

(f) An employer may require proof of death in the form of a medical record or police report.

(g) Notwithstanding subsection (b), an employer employing fewer than 10 employees in the commonwealth shall not be required to comply with this section.

SECTION XX. Section XX shall take effect 90 days after the passage of this act.”