Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1879 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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