Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1145 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2340 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1145
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Barrett
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 relative to bereavement leave.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael J. BarrettThird MiddlesexSean Garballey23rd Middlesex2/14/2023 1 of 4
16	16	SENATE DOCKET, NO. 2340 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1145
18	18	By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1145) of Michael J. Barrett and Sean
19	19	Garballey for legislation to ensure bereavement leave. Labor and Workforce Development.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1156 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to bereavement leave.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 2 of chapter 175M of the General Laws is hereby further amended
31	31	2by striking out the first paragraph of subsection (a) and inserting in place thereof the following
32	32	3paragraph:- (1) Family leave shall be available to any covered individual for any of the following
33	33	4reasons: (i) to bond with the covered individual's child during the first 12 months after the child's
34	34	5birth or the first 12 months after the placement of the child for adoption or foster care with the
35	35	6covered individual; (ii) because of any qualifying exigency arising out of the fact that a family
36	36	7member is on active duty or has been notified of an impending call or order to active duty in the
37	37	8Armed Forces; (iii) to care for a family member who is a covered servicemember; or (iv) to cope
38	38	9with the death of a family member by (A) attending the funeral or alternative to a funeral of the
39	39	10family member, (B) making arrangements necessitated by the death of the family member, or (C)
40	40	11grieving the death of the family member. 2 of 4
41	41	12 SECTION 2. Said section 2 of said chapter 175M is hereby further amended by striking
42	42	13out the first paragraph of subsection (c) and inserting in place thereof the following paragraph:-
43	43	14(1) A covered individual shall not be eligible for more than 12 weeks of family leave in a benefit
44	44	15year; provided, however, that a covered individual taking family leave in order to care for a
45	45	16covered servicemember pursuant to clause (iii) of paragraph (1) of subsection (a) shall not be
46	46	17eligible for more than 26 weeks of family leave in a benefit year. A covered individual shall not
47	47	18be eligible for medical leave for more than 20 weeks in a benefit year. A covered individual shall
48	48	19not take more than 26 weeks, in the aggregate, of family and medical leave under this chapter in
49	49	20the same benefit year. Nothing in this section shall prevent a covered individual from taking a
50	50	21medical leave during pregnancy or recovery from childbirth if supported by documentation by a
51	51	22health care provider that is immediately followed by family leave, in which case the 7-day
52	52	23waiting period for family leave shall not be required. A covered individual is entitled to a total of
53	53	248 weeks of family leave under clause (iv) of paragraph (1) of subsection (a) upon the death of
54	54	25each family member of the individual within a benefit year, during 2 of which weeks the covered
55	55	26individual shall be entitled to a weekly benefit, except that leave taken as provided by clause (iv)
56	56	27of paragraph (1) of subsection (a) may not exceed the total period of family leave authorized by
57	57	28this paragraph and shall be counted toward the total period of family leave authorized by this
58	58	29paragraph.
59	59	30 SECTION 3. The second paragraph of said subsection (c) of said section 2 of said chapter
60	60	31175M is hereby amended by striking out clause (A) and inserting in place thereof the following
61	61	32clause:- (A) Leave under clause (i) of paragraph (1) of subsection (a) shall not be taken by an
62	62	33employee intermittently or on a reduced leave schedule unless the employee and the employer of
63	63	34the employee agree otherwise. Leave under clause (iii) of paragraph (1) of subsection (a) or 3 of 4
64	64	35under paragraph (2) of said subsection (a) or under subsection (b), may be taken intermittently or
65	65	36on a reduced leave schedule by an employee when medically necessary. Leave under clause (ii)
66	66	37of said paragraph (1) of said subsection (a) may be taken intermittently or on a reduced leave
67	67	38schedule by an employee. Leave under clause (iv) of paragraph (1) of subsection (a) may be
68	68	39taken intermittently or on a reduced leave schedule by an employee.
69	69	40 SECTION 4. Said second paragraph of said subsection (c) of said section 2 of said
70	70	41chapter 175M is hereby further amended by striking out clause (C) and inserting in place thereof
71	71	42the following clause:- (C) The taking of leave intermittently or on a reduced leave schedule
72	72	43pursuant to this paragraph shall not result in a reduction in the total amount of leave to which the
73	73	44covered individual is entitled under this chapter beyond the amount of leave actually taken. A
74	74	45covered employer may not require an eligible employee to take multiple periods of leave under
75	75	46clause (iv) of paragraph (1) of subsection (a) concurrently if more than one family member of the
76	76	47employee dies during a single benefit year.
77	77	48 SECTION 5. Said section 2 of said chapter 175M is hereby further amended by inserting
78	78	49after the word “3,” in line 55, the following words:- , except a covered individual on family leave
79	79	50under clause (iv) of paragraph (1) of subsection (a), who shall receive such weekly benefit only
80	80	51for 2 of the 8 weeks to which the covered individual is entitled.
81	81	52 SECTION 6. Section 5 of said chapter 175M is hereby amended by adding in subsection
82	82	53(a) the following paragraph:- (8) Certification for a covered individual taking family leave to
83	83	54deal with the death of a family member shall be sufficient if the covered individual provides (i)
84	84	55the name of the deceased, the date of death, the city of death and the employee’s relationship to
85	85	56the deceased; (ii) a copy of the deceased’s obituary or funeral program and the employee’s 4 of 4
86	86	57relationship to the deceased; (iii) a copy of the death certificate; or (iv) a document issued by the
87	87	58mental health care provider of the employee.