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SENATE DOCKET, NO. 2340 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1145
The Commonwealth of Massachusetts
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PRESENTED BY:
Michael J. Barrett
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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 bereavement leave.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Michael J. BarrettThird MiddlesexSean Garballey23rd Middlesex2/14/2023 1 of 4
SENATE DOCKET, NO. 2340 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1145
By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1145) of Michael J. Barrett and Sean
Garballey for legislation to ensure bereavement leave. Labor and Workforce Development.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1156 OF 2021-2022.]
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 bereavement leave.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 2 of chapter 175M of the General Laws is hereby further amended
2by striking out the first paragraph of subsection (a) and inserting in place thereof the following
3paragraph:- (1) Family leave shall be available to any covered individual for any of the following
4reasons: (i) to bond with the covered individual's child during the first 12 months after the child's
5birth or the first 12 months after the placement of the child for adoption or foster care with the
6covered individual; (ii) because of any qualifying exigency arising out of the fact that a family
7member is on active duty or has been notified of an impending call or order to active duty in the
8Armed Forces; (iii) to care for a family member who is a covered servicemember; or (iv) to cope
9with the death of a family member by (A) attending the funeral or alternative to a funeral of the
10family member, (B) making arrangements necessitated by the death of the family member, or (C)
11grieving the death of the family member. 2 of 4
12 SECTION 2. Said section 2 of said chapter 175M is hereby further amended by striking
13out the first paragraph of subsection (c) and inserting in place thereof the following paragraph:-
14(1) A covered individual shall not be eligible for more than 12 weeks of family leave in a benefit
15year; provided, however, that a covered individual taking family leave in order to care for a
16covered servicemember pursuant to clause (iii) of paragraph (1) of subsection (a) shall not be
17eligible for more than 26 weeks of family leave in a benefit year. A covered individual shall not
18be eligible for medical leave for more than 20 weeks in a benefit year. A covered individual shall
19not take more than 26 weeks, in the aggregate, of family and medical leave under this chapter in
20the same benefit year. Nothing in this section shall prevent a covered individual from taking a
21medical leave during pregnancy or recovery from childbirth if supported by documentation by a
22health care provider that is immediately followed by family leave, in which case the 7-day
23waiting period for family leave shall not be required. A covered individual is entitled to a total of
248 weeks of family leave under clause (iv) of paragraph (1) of subsection (a) upon the death of
25each family member of the individual within a benefit year, during 2 of which weeks the covered
26individual shall be entitled to a weekly benefit, except that leave taken as provided by clause (iv)
27of paragraph (1) of subsection (a) may not exceed the total period of family leave authorized by
28this paragraph and shall be counted toward the total period of family leave authorized by this
29paragraph.
30 SECTION 3. The second paragraph of said subsection (c) of said section 2 of said chapter
31175M is hereby amended by striking out clause (A) and inserting in place thereof the following
32clause:- (A) Leave under clause (i) of paragraph (1) of subsection (a) shall not be taken by an
33employee intermittently or on a reduced leave schedule unless the employee and the employer of
34the employee agree otherwise. Leave under clause (iii) of paragraph (1) of subsection (a) or 3 of 4
35under paragraph (2) of said subsection (a) or under subsection (b), may be taken intermittently or
36on a reduced leave schedule by an employee when medically necessary. Leave under clause (ii)
37of said paragraph (1) of said subsection (a) may be taken intermittently or on a reduced leave
38schedule by an employee. Leave under clause (iv) of paragraph (1) of subsection (a) may be
39taken intermittently or on a reduced leave schedule by an employee.
40 SECTION 4. Said second paragraph of said subsection (c) of said section 2 of said
41chapter 175M is hereby further amended by striking out clause (C) and inserting in place thereof
42the following clause:- (C) The taking of leave intermittently or on a reduced leave schedule
43pursuant to this paragraph shall not result in a reduction in the total amount of leave to which the
44covered individual is entitled under this chapter beyond the amount of leave actually taken. A
45covered employer may not require an eligible employee to take multiple periods of leave under
46clause (iv) of paragraph (1) of subsection (a) concurrently if more than one family member of the
47employee dies during a single benefit year.
48 SECTION 5. Said section 2 of said chapter 175M is hereby further amended by inserting
49after the word “3,” in line 55, the following words:- , except a covered individual on family leave
50under clause (iv) of paragraph (1) of subsection (a), who shall receive such weekly benefit only
51for 2 of the 8 weeks to which the covered individual is entitled.
52 SECTION 6. Section 5 of said chapter 175M is hereby amended by adding in subsection
53(a) the following paragraph:- (8) Certification for a covered individual taking family leave to
54deal with the death of a family member shall be sufficient if the covered individual provides (i)
55the name of the deceased, the date of death, the city of death and the employee’s relationship to
56the deceased; (ii) a copy of the deceased’s obituary or funeral program and the employee’s 4 of 4
57relationship to the deceased; (iii) a copy of the death certificate; or (iv) a document issued by the
58mental health care provider of the employee.