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2 | 2 | | HOUSE DOCKET, NO. 2400 FILED ON: 1/19/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1936 |
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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 | | Adrianne Pusateri Ramos |
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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 employee leave of absence to appear in the Probate and Family Court. |
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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:Adrianne Pusateri Ramos14th Essex1/19/2023Carmine Lawrence Gentile13th Middlesex2/9/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 2400 FILED ON: 1/19/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1936 |
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18 | 18 | | By Representative Ramos of North Andover, a petition (accompanied by bill, House, No. 1936) |
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19 | 19 | | of Adrianne Pusateri Ramos and Carmine Lawrence Gentile relative to leaves of absence of |
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20 | 20 | | employees to appear before the Probate and Family Court. Labor and Workforce Development. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to employee leave of absence to appear in the Probate and Family Court. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 Chapter 149 of the General Laws is hereby amended by adding after section 52E the |
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30 | 30 | | 2following section:- |
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31 | 31 | | 3 Section 52F. (a) Notwithstanding any general or special law or rule or regulation to the |
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32 | 32 | | 4contrary, an employee is entitled to take unpaid leave when necessary to appear in the Probate |
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33 | 33 | | 5and Family Court, on all matters pertaining to their rights and duties as a parent or legal |
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34 | 34 | | 6guardian, including but not limited to divorce, paternity, actions arising out of chapter 209c for |
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35 | 35 | | 7custody-support-parenting time, and modifications or enforcement of all such actions. |
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36 | 36 | | 8 (b) An employee may elect, or an employer may require the employee, to substitute any |
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37 | 37 | | 9of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for |
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38 | 38 | | 10any of the leave provided under this section, but nothing in this section shall require an employer |
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39 | 39 | | 11to provide paid sick leave or paid medical leave in any situation in which the employer would 2 of 2 |
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40 | 40 | | 12not normally provide any such paid leave. Leave under this section may be taken intermittently |
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41 | 41 | | 13or on a reduced leave schedule. |
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42 | 42 | | 14 |
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43 | 43 | | 15 (c) If the necessity for leave under this section is foreseeable, the employee shall provide |
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44 | 44 | | 16the employer with not less than seven days of notice before the date the leave is to begin. If the |
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45 | 45 | | 17necessity for leave is not foreseeable, the employee shall provide such notice as is practicable. |
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46 | 46 | | 18 |
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47 | 47 | | 19 (d) An employer may require that a request for leave under this section be supported by a |
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48 | 48 | | 20certification issued at such time and in such manner as the attorney general may by regulation |
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49 | 49 | | 21require. |
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50 | 50 | | 22 |
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51 | 51 | | 23 (e) The attorney general shall enforce this section and may obtain injunctive or |
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52 | 52 | | 24declaratory relief for this purpose. Violation of this section shall be subject to the second |
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53 | 53 | | 25paragraph of section 150 and to section 180. |
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