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| 2 | 2 | | HOUSE DOCKET, NO. 2207 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1879 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Sean Garballey and David M. Rogers |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to bereavement leave. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/17/2023David M. Rogers24th Middlesex1/19/2023Jessica Ann Giannino16th Suffolk1/27/2023Carole A. Fiola6th Bristol2/7/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2207 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1879 |
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| 18 | 18 | | By Representatives Garballey of Arlington and Rogers of Cambridge, a petition (accompanied |
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| 19 | 19 | | by bill, House, No. 1879) of Sean Garballey, David M. Rogers and others relative to |
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| 20 | 20 | | bereavement leave under the family and medical leave act. Labor and Workforce Development. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 1976 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to bereavement leave. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 2 of chapter 175M of the General Laws, as currently appearing, is |
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| 32 | 32 | | 2hereby amended by striking out, in line 9, the word “or”, and inserting at the end of subsection |
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| 33 | 33 | | 3(a)(1): - ; or (iv) to cope with the death of a family member by (A) attending the funeral or |
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| 34 | 34 | | 4alternative to a funeral of the family member; (B) making arrangements necessitated by the death |
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| 35 | 35 | | 5of the family member; or (C) grieving the death of the family member. |
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| 36 | 36 | | 6 SECTION 2. Section 2 of chapter 175M is hereby further amended by inserting at the end |
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| 37 | 37 | | 7of subsection (c)(1) the following:- A covered individual is entitled to a total of 8 weeks of |
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| 38 | 38 | | 8family leave under clause (iv) of paragraph (1) of subsection (a) upon the death of each family |
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| 39 | 39 | | 9member of the individual within a benefit year, during 2 of which weeks the covered individual |
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| 40 | 40 | | 10shall be entitled to a weekly benefit, except that leave taken as provided by clause (iv) of 2 of 2 |
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| 41 | 41 | | 11paragraph (1) of subsection (a) may not exceed the total period of family leave authorized by this |
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| 42 | 42 | | 12paragraph and shall be counted toward the total period of family leave authorized by this |
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| 43 | 43 | | 13paragraph. |
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| 44 | 44 | | 14 SECTION 3. Section 2 of chapter 175M is hereby further amended by inserting at the end |
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| 45 | 45 | | 15of subsection (c)(2)(A) the following:- Leave under clause (iv) of paragraph (1) of subsection (a) |
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| 46 | 46 | | 16may be taken intermittently or on a reduced leave schedule by an employee. |
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| 47 | 47 | | 17 SECTION 4. Section 2 of chapter 175M is hereby further amended by inserting in line |
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| 48 | 48 | | 1846, after the words “section 3”, the following:- except a covered individual on family leave under |
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| 49 | 49 | | 19clause (iv) of paragraph (1) of subsection (a), who shall receive such weekly benefit only for 2 of |
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| 50 | 50 | | 20the 8 weeks to which the covered individual is entitled. |
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| 51 | 51 | | 21 SECTION 5. Section 5 of chapter 175M is hereby further amended by inserting at the end |
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| 52 | 52 | | 22of subsection (c)(2)(C) the following:- A covered employer may not require an eligible employee |
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| 53 | 53 | | 23to take multiple periods of leave under clause (iv) of paragraph (1) of subsection (a) concurrently |
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| 54 | 54 | | 24if more than one family member of the employee dies during a single benefit year. |
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| 55 | 55 | | 25 SECTION 6. Section 5 of chapter 175M of the General Laws, as currently appearing, is |
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| 56 | 56 | | 26hereby amended by inserting after the word “chapter” in line 60 the following:- (8) Certification |
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| 57 | 57 | | 27for a covered individual taking family leave to deal with the death of a family member shall be |
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| 58 | 58 | | 28sufficient if the covered individual provides (i) the name of the deceased, the date of death, the |
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| 59 | 59 | | 29city of death, and the employee’s relationship to the deceased; (ii) a copy of the deceased’s |
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| 60 | 60 | | 30obituary or funeral program and the employee’s relationship to the deceased; (iii) a copy of the |
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| 61 | 61 | | 31death certificate; or (iv) a document issues by the mental health care provider of the employee. |
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