Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1919 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 313 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1919
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joseph D. McKenna and Ryan C. Fattman
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 ensuring domestic violence victims' protections for all employees in the Commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph D. McKenna18th Worcester1/11/2023Ryan C. FattmanWorcester and Hampden1/11/2023Angelo L. D'Emilia8th Plymouth1/31/2023Alyson M. Sullivan-Almeida7th Plymouth2/2/2023Michael J. Soter8th Worcester2/15/2023Steven George Xiarhos5th Barnstable3/9/2023 1 of 7
16	16	HOUSE DOCKET, NO. 313 FILED ON: 1/11/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1919
18	18	By Representative McKenna of Webster and Senator Fattman, a joint petition (accompanied by
19	19	bill, House, No. 1919) of Joseph D. McKenna, Ryan C. Fattman and others relative to
20	20	employment protections for domestic violence victims. Labor and Workforce Development.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2023 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act ensuring domestic violence victims' protections for all employees in the Commonwealth.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after
32	32	2section 148B the following section:-
33	33	3 Chapter 148B ½: Leave from work when a contract worker has been victim of abusive
34	34	4behavior
35	35	5 (a) For purposes of this section, the following words shall have the following meanings,
36	36	6unless the context clearly indicates otherwise:
37	37	7 ''Abuse'', (i) attempting to cause or causing physical harm; (ii) placing another in fear of
38	38	8imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations
39	39	9by force, threat or duress or engaging or threatening to engage in sexual activity with a 2 of 7
40	40	10dependent child; (iv) engaging in mental abuse, which includes threats, intimidation or acts
41	41	11designed to induce terror; (v) depriving another of medical care, housing, food or other
42	42	12necessities of life; or (vi) restraining the liberty of another.
43	43	13 ''Abusive behavior'', (i) any behavior constituting domestic violence, (ii) stalking in
44	44	14violation of section 43 of chapter 265, (iii) sexual assault, which shall include a violation of
45	45	15sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or
46	46	1651 of chapter 265 or sections 3 or 35A of chapter 272 and (iv) kidnapping in violation of the
47	47	17third paragraph of section 26 of chapter 265.
48	48	18 “Client employers”, a business entity, regardless of its form, that obtains or is provided
49	49	19workers to perform labor or services within its usual course of business from a labor contractor,
50	50	20which includes a staffing agency as defined by section 159C of chapter 149.
51	51	21 ''Contract workers'', individuals who perform services for an employer but are not
52	52	22considered employees under section 148B of chapter 149 of the General Laws, including
53	53	23individuals who are contracted by client employers.
54	54	24 ''Domestic violence'', abuse against a contract worker by: (i) a current or former spouse of
55	55	25the contract worker; (ii) a person with whom the contract worker shares a child in common; (iii)
56	56	26a person who is cohabitating with or has cohabitated with the contract worker; (iv) a person who
57	57	27is related by blood or marriage to the contract worker; or (v) a person with whom the contract
58	58	28worker has or had a dating or engagement relationship.
59	59	29 (b) An employer shall permit a contract worker to take up to 15 days of leave from work
60	60	30in any 12 month period if: 3 of 7
61	61	31 (i) the contract worker is a victim of abusive behavior; and
62	62	32 (ii) the contract worker is using the leave from work to: seek or obtain medical attention,
63	63	33counseling, victim services or legal assistance; secure housing; obtain a protective order from a
64	64	34court; appear in court or before a grand jury; meet with a district attorney or other law
65	65	35enforcement official; or attend child custody proceedings or address other issues directly related
66	66	36to the abusive behavior against the contract worker.
67	67	37 The employer shall have sole discretion to determine whether any leave taken under this
68	68	38section shall be paid or unpaid.
69	69	39 (c) Except in cases of imminent danger to the health or safety of a contract worker, a
70	70	40contract worker seeking leave from work under this section shall provide appropriate advance
71	71	41notice of the leave to the employer as required by the employer's leave policy.
72	72	42 If there is a threat of imminent danger to the health or safety of a contract worker, the
73	73	43contract worker shall not be required to provide advanced notice of leave; provided, however,
74	74	44that the contract worker shall notify the employer within 3 workdays that the leave was taken or
75	75	45is being taken under this section. Such notification may be communicated to the employer by the
76	76	46contract worker, a family member of the contract worker or the contract worker's counselor,
77	77	47social worker, health care worker, member of the clergy, shelter worker, legal advocate or other
78	78	48professional who has assisted the contract worker in addressing the effects of the abusive
79	79	49behavior on the contract worker.
80	80	50 If an unscheduled absence occurs, an employer shall not take any negative action against
81	81	51the contract worker if the contract worker, within 30 days from the unauthorized absence or
82	82	52within 30 days from the last unauthorized absence in the instance of consecutive days of 4 of 7
83	83	53unauthorized absences, provides any of the documentation described in paragraphs (1) to (7),
84	84	54inclusive, of subsection (d).
85	85	55 (d) An employer may require a contract worker to provide documentation evidencing that
86	86	56the contract worker has been a victim of abusive behavior and that the leave taken is consistent
87	87	57with the conditions of clauses (i) and (ii), inclusive, of subsection (b); provided, however, that an
88	88	58employer shall not require a contract worker to show evidence of an arrest, conviction or other
89	89	59law enforcement documentation for such abusive behavior. A contract worker shall provide such
90	90	60documentation to the employer within a reasonable period after the employer requests
91	91	61documentation relative to the contract worker's absence. A contract worker shall satisfy this
92	92	62documentation requirement by providing any 1 of the following documents to the employer.
93	93	63 (1) A protective order, order of equitable relief or other documentation issued by a court
94	94	64of competent jurisdiction as a result of abusive behavior against the contract worker.
95	95	65 (2) A document under the letterhead of the court, provider or public agency which the
96	96	66contract worker attended for the purposes of acquiring assistance as it relates to the abusive
97	97	67behavior against the contract worker.
98	98	68 (3) A police report or statement of a victim or witness provided to police, including a
99	99	69police incident report, documenting the abusive behavior complained of by the contract worker.
100	100	70 (4) Documentation that the perpetrator of the abusive behavior against the contract
101	101	71worker has: admitted to sufficient facts to support a finding of guilt of abusive behavior; or has
102	102	72been convicted of, or has been adjudicated a juvenile delinquent by reason of, any offense
103	103	73constituting abusive behavior and which is related to the abusive behavior that necessitated the
104	104	74leave under this section. 5 of 7
105	105	75 (5) Medical documentation of treatment as a result of the abusive behavior complained of
106	106	76by the contract worker.
107	107	77 (6) A sworn statement, signed under the penalties of perjury, provided by a counselor,
108	108	78social worker, health care worker, member of the clergy, shelter worker, legal advocate or other
109	109	79professional who has assisted the contract worker in addressing the effects of the abusive
110	110	80behavior.
111	111	81 (7) A sworn statement, signed under the penalties of perjury, from the contract worker
112	112	82attesting that the contract worker has been the victim of abusive behavior. Any documentation
113	113	83provided to an employer under this section may be maintained by the employer in the contract
114	114	84worker’s employment record but only for as long as required for the employer to make a
115	115	85determination as to whether the contract worker is eligible for leave under this section.
116	116	86 (e) All information related to the contract worker’s leave under this section shall be kept
117	117	87confidential by the employer and shall not be disclosed, except to the extent that disclosure is:
118	118	88 (i) requested or consented to, in writing, by the contract worker;
119	119	89 (ii) ordered to be released by a court of competent jurisdiction;
120	120	90 (iii) otherwise required by applicable federal or state law;
121	121	91 (iv) required in the course of an investigation authorized by law enforcement, including,
122	122	92but not limited to, an investigation by the attorney general; or
123	123	93 (v) necessary to protect the safety of the contract worker or others employed at the
124	124	94workplace. 6 of 7
125	125	95 (f) Any contract worker seeking leave under this section shall exhaust all annual or
126	126	96vacation leave, personal leave and sick leave available to the contract worker, prior to requesting
127	127	97or taking leave under this section, unless the employer waives this requirement.
128	128	98 (g) No employer shall coerce, interfere with, restrain or deny the exercise of, or any
129	129	99attempt to exercise, any rights provided under this section or to make leave requested or taken
130	130	100hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.
131	131	101 (h) No employer shall discharge or in any other manner discriminate against a contract
132	132	102worker for exercising the contract worker’s rights under this section. The taking of leave under
133	133	103this section shall not result in the loss of any employment benefit accrued prior to the date on
134	134	104which the leave taken under this section commenced. Upon the contract worker’s return from
135	135	105such leave, the contract worker shall be entitled to restoration to the contract worker’s original
136	136	106job or to an equivalent position.
137	137	107 (i) The attorney general shall enforce this section and may seek injunctive relief or other
138	138	108equitable relief to enforce this section.
139	139	109 (j) Employers shall notify each contract worker of the rights and responsibilities provided
140	140	110by this section including those related to notification requirements and confidentiality.
141	141	111 (k) This section shall not be construed to exempt an employer from complying with
142	142	112chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights
143	143	113of any contract worker under said chapter 258B, said section 14B of chapter 268 or any other
144	144	114general or special law. 7 of 7
145	145	115 (l) Any benefit received from this section shall not be considered relevant in any criminal
146	146	116or civil proceeding as it relates to the alleged abuse unless, after a hearing, a justice of the
147	147	117district, superior or probate court determines that such benefit is relevant to the allegations.