Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1936 Compare Versions

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22 HOUSE DOCKET, NO. 2400 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1936
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Adrianne Pusateri Ramos
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to employee leave of absence to appear in the Probate and Family Court.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Adrianne Pusateri Ramos14th Essex1/19/2023Carmine Lawrence Gentile13th Middlesex2/9/2023 1 of 2
1616 HOUSE DOCKET, NO. 2400 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 1936
1818 By Representative Ramos of North Andover, a petition (accompanied by bill, House, No. 1936)
1919 of Adrianne Pusateri Ramos and Carmine Lawrence Gentile relative to leaves of absence of
2020 employees to appear before the Probate and Family Court. Labor and Workforce Development.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act relative to employee leave of absence to appear in the Probate and Family Court.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 Chapter 149 of the General Laws is hereby amended by adding after section 52E the
3030 2following section:-
3131 3 Section 52F. (a) Notwithstanding any general or special law or rule or regulation to the
3232 4contrary, an employee is entitled to take unpaid leave when necessary to appear in the Probate
3333 5and Family Court, on all matters pertaining to their rights and duties as a parent or legal
3434 6guardian, including but not limited to divorce, paternity, actions arising out of chapter 209c for
3535 7custody-support-parenting time, and modifications or enforcement of all such actions.
3636 8 (b) An employee may elect, or an employer may require the employee, to substitute any
3737 9of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for
3838 10any of the leave provided under this section, but nothing in this section shall require an employer
3939 11to provide paid sick leave or paid medical leave in any situation in which the employer would 2 of 2
4040 12not normally provide any such paid leave. Leave under this section may be taken intermittently
4141 13or on a reduced leave schedule.
4242 14
4343 15 (c) If the necessity for leave under this section is foreseeable, the employee shall provide
4444 16the employer with not less than seven days of notice before the date the leave is to begin. If the
4545 17necessity for leave is not foreseeable, the employee shall provide such notice as is practicable.
4646 18
4747 19 (d) An employer may require that a request for leave under this section be supported by a
4848 20certification issued at such time and in such manner as the attorney general may by regulation
4949 21require.
5050 22
5151 23 (e) The attorney general shall enforce this section and may obtain injunctive or
5252 24declaratory relief for this purpose. Violation of this section shall be subject to the second
5353 25paragraph of section 150 and to section 180.