Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1888 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 1063 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1888
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kenneth I. Gordon
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to improving the Massachusetts Paid Family Medical Leave Law.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/11/2023James C. Arena-DeRosa8th Middlesex1/24/2023Peter Capano11th Essex1/24/2023Mindy Domb3rd Hampshire1/24/2023Tram T. Nguyen18th Essex1/24/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Steven Ultrino33rd Middlesex1/25/2023David Paul Linsky5th Middlesex1/25/2023Susannah M. Whipps2nd Franklin1/25/2023Lindsay N. Sabadosa1st Hampshire1/25/2023Jack Patrick Lewis7th Middlesex1/25/2023Michael D. BradySecond Plymouth and Norfolk1/26/2023Adrianne Pusateri Ramos14th Essex1/26/2023Jessica Ann Giannino16th Suffolk1/27/2023James K. Hawkins2nd Bristol1/27/2023Brian W. Murray10th Worcester1/29/2023Margaret R. Scarsdale1st Middlesex1/30/2023Sean Garballey23rd Middlesex1/31/2023 2 of 2
16	16	Erika Uyterhoeven27th Middlesex2/1/2023Tackey Chan2nd Norfolk2/1/2023Jon Santiago9th Suffolk2/6/2023Adrian C. Madaro1st Suffolk2/6/2023Mary S. Keefe15th Worcester2/6/2023Frank A. Moran17th Essex2/7/2023Marc R. PachecoThird Bristol and Plymouth2/7/2023Kay Khan11th Middlesex2/8/2023Ruth B. Balser12th Middlesex2/8/2023Natalie M. Higgins4th Worcester2/9/2023Paul McMurtry11th Norfolk2/9/2023Christine P. Barber34th Middlesex2/9/2023Carmine Lawrence Gentile13th Middlesex2/9/2023James B. EldridgeMiddlesex and Worcester2/11/2023Michelle M. DuBois10th Plymouth2/13/2023Rob Consalvo14th Suffolk2/14/2023James Arciero2nd Middlesex2/15/2023David Allen Robertson19th Middlesex2/15/2023Jennifer Balinsky Armini8th Essex2/21/2023Rodney M. Elliott16th Middlesex2/22/2023Christopher Richard Flanagan1st Barnstable2/23/2023Vanna Howard17th Middlesex3/5/2023Rebecca L. RauschNorfolk, Worcester and Middlesex3/7/2023Christopher J. Worrell5th Suffolk3/8/2023Michael P. Kushmerek3rd Worcester3/9/2023 1 of 3
17	17	HOUSE DOCKET, NO. 1063 FILED ON: 1/18/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1888
19	19	By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1888) of
20	20	Kenneth I. Gordon and others relative to the Massachusetts Paid Family Medical Leave Law.
21	21	Labor and Workforce Development.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to improving the Massachusetts Paid Family Medical Leave Law.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Subsection (c) of section 3 of chapter 175M of the General Laws, as
31	31	2appearing in the 2020 Official Edition, is hereby amended by striking clauses (i) and (ii) from the
32	32	3second sentence and inserting in place thereof the following three clauses after the colon
33	33	4appearing after the word "wage", at line 42:- (i) a temporary disability policy or program of an
34	34	5employer; (ii) a paid family, or medical leave policy of an employer; or (iii) a sick, vacation,
35	35	6personal time or other paid leave policy or program provided by the employer, including but not
36	36	7limited to any leave provided under a collective bargaining agreement.
37	37	8 SECTION 2. Subsection (a) of section 4 of chapter 175M, as so appearing, is hereby
38	38	9amended by inserting after the second paragraph the following paragraph:-
39	39	10 When an employee requests leave under this chapter, or when the employer acquires
40	40	11knowledge that an employee's leave may be for a qualifying reason under this chapter, the
41	41	12employer must notify the employee of the employee's eligibility to take paid leave under this 2 of 3
42	42	13chapter within five business days, absent extenuating circumstances, by giving the employee the
43	43	14appropriate leave certification form as designated by the department, in the primary language of
44	44	15the employee.
45	45	16 SECTION 3. Subsection (a) of Section 4 of said chapter 175M, as so appearing, is hereby
46	46	17amended by inserting after the third paragraph the following paragraph:-
47	47	18 When a covered contract worker requests leave under this chapter, or when the covered
48	48	19business entity acquires knowledge that a covered contractor worker’s leave may be for a
49	49	20qualifying reason under this chapter, the covered business entity must notify the worker of the
50	50	21worker’s eligibility to take leave under this chapter within five business days, absent extenuating
51	51	22circumstances, by giving the worker the appropriate leave certification form as designated by the
52	52	23department, in their primary language.
53	53	24 SECTION 4. Subsection (e) of section 7 of chapter 175M of the General Laws, as so
54	54	25appearing, is hereby amended by striking clause (vii) from the first sentence in the second
55	55	26paragraph and inserting in place thereof the following clause at the end of clause (vi), on line
56	56	2792:-
57	57	28 (vii) overall claimant demographics by age, gender, race and ethnicity, the primary
58	58	29language of applicant, geography, average weekly wage, occupation, employment type (full or
59	59	30part-time or self-employed), and the type of leave taken;
60	60	31 And by striking the word “and” after the semicolon at the end of clause (xii), at line 100;
61	61	32 And by striking clause (xiii) and inserting in place thereof at the end of clause (xii), at
62	62	33line 100, the following:- 3 of 3
63	63	34 (xiii) the number of cases remaining open at the close of such year; (xiv) the number of
64	64	35businesses and total workforce headcount enrolled, and the number of businesses and total
65	65	36workforce headcount covered by private plans; and (xv) the length of time between a covered
66	66	37individual’s first day of leave and their first payment of benefits. Data in (ii) through (vi), (xi),
67	67	38and (xv) shall be disaggregated by age, gender, race and ethnicity, the primary language of the
68	68	39applicant, geography, average weekly wage, occupation, employment type, and the type of leave
69	69	40taken. Data in (iii) and (vi) shall be further disaggregated by the relationship between the
70	70	41claimant and family member. Data in (vi) shall be further disaggregated by year of birth or
71	71	42placement.