1 of 1
SENATE DOCKET, NO. 1663 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1176
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul R. Feeney
_________________
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 occupational presumption and COVID-19.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and NorfolkAdam Scanlon14th Bristol1/25/2023Jack Patrick Lewis7th Middlesex1/26/2023James K. Hawkins2nd Bristol1/30/2023Thomas M. Stanley9th Middlesex2/3/2023Sal N. DiDomenicoMiddlesex and Suffolk2/8/2023James B. EldridgeMiddlesex and Worcester2/10/2023Vanna Howard17th Middlesex3/1/2023 1 of 3
SENATE DOCKET, NO. 1663 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1176
By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1176) of Paul R. Feeney, Adam
Scanlon, Jack Patrick Lewis, James K. Hawkins and other members of the General Court for
lelgislation relative to occupational presumption regarding healthcare workers and COVID-19.
Labor and Workforce Development.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1194 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to occupational presumption and COVID-19.
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. For purposes of this Act, the following terms shall have the following
2meanings:-
3 “State of emergency”, the state of emergency called by Executive Order No. 591 dated
4March 10, 2020 concerning the health care crisis caused by the COVID-19 virus, along with any
5subsequent states of emergency that may be declared by the Commonwealth from time to time or
6at any time due to health care concerns raised by the COVID-19 virus.
7 SECTION 2. Chapter 34 of Section 152 of the general laws is hereby amended by
8inserting the following language after the second paragraph of said Chapter: 2 of 3
9 Notwithstanding any general or special law, rule or regulation to the contrary, any
10frontline healthcare worker, working in a healthcare facility or in the community, who has
11symptoms of or otherwise becomes infected with or is suspected to be infected with COVID-19
12on or before June 15, 2021 that results in a period of hospitalization, quarantine, or requires self-
13quarantine measures as a result of being infected or coming into contact with someone who is
14infected with the COVID-19 virus, shall have their medical condition or incapacity to work
15presumed to be work-related and constitute a per se qualification for protection under this
16Section, without application of any waiting period.
17 At no time shall said frontline healthcare worker be required to use said frontline
18healthcare worker’s accrued sick time, vacation time, personal time or any other contractual
19time-off to cover said period of incapacitation or inability to perform regular duty work.
20 SECTION 3. The employer shall allow the healthcare worker to return to the worker’s
21previous position of employment when the period of quarantine, self-quarantine, recovery, or
22hospitalization is concluded.
23 SECTION 4. The provisions of Sections 23 and 24 of Chapter 152 do not apply to claims
24brought under this Act, unless the employer demonstrates compliance with all relevant and active
25orders and advisories of the Governor of the Commonwealth concerning workplace safety
26restrictions during the state of emergency, such as, but not limited to, the provision to healthcare
27workers of appropriate Personal Protective Equipment and appropriate safe distancing
28opportunities. 3 of 3
29 SECTION 5. This act shall be in force to protect healthcare workers who are exposed to
30the COVID-19 virus or are advised to quarantine or self-quarantine by any health official during
31the state of emergency.
32 SECTION 6. An healthcare worker who chooses not to return to work for an essential
33employer due to a good-faith concern that the worker may be exposed to the COVID-19 virus
34will be considered eligible for benefits under Chapter 151A as if the essential worker had been
35constructively discharged.