Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1936 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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