Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1197 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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SENATE DOCKET, NO. 1029       FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1197
The Commonwealth of Massachusetts
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PRESENTED BY:
Jason M. Lewis
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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 improving the Massachusetts paid family medical leave law.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexRebecca L. RauschNorfolk, Worcester and Middlesex1/23/2023Jack Patrick Lewis7th Middlesex1/26/2023Michael D. BradySecond Plymouth and Norfolk1/30/2023Susannah M. Whipps2nd Franklin1/30/2023Marc R. PachecoThird Bristol and Plymouth1/30/2023Jacob R. OliveiraHampden, Hampshire and Worcester1/30/2023Sal N. DiDomenicoMiddlesex and Suffolk2/6/2023Carmine Lawrence Gentile13th Middlesex2/10/2023James B. EldridgeMiddlesex and Worcester2/13/2023Adam GomezHampden2/21/2023John F. KeenanNorfolk and Plymouth2/23/2023 1 of 3
SENATE DOCKET, NO. 1029       FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1197
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1197) of Jason M. Lewis, Rebecca L. 
Rausch, Jack Patrick Lewis, Michael D. Brady and other members of the General Court for 
legislation to improve the Massachusetts paid family medical leave law. 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 improving the Massachusetts paid family medical leave law.
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. Subsection (c) of section 3 of chapter 175M of the General Laws, as 
2appearing in the 2020 Official Edition, is hereby amended by striking clauses (i) and (ii) from the 
3second sentence and inserting instead the following three clauses after the colon appearing after 
4the word "wage", at line 32:-
5 (i) a temporary disability policy or program of an employer; (ii) a paid family, or medical 
6leave policy of an employer; or (iii) a sick, vacation, personal time or other paid leave policy or 
7program provided by the employer. 
8 SECTION 2. Subsection (a) of section 4 of chapter 175M, as so appearing, is hereby 
9amended by inserting after the second paragraph the following paragraph:- 
10 When an employee requests leave under this chapter, or when the employer acquires 
11knowledge that an employee's leave may be for a qualifying reason under this chapter, the  2 of 3
12employer must notify the employee of the employee's eligibility to take paid leave under this 
13chapter within five business days, absent extenuating circumstances, by giving the employee the 
14appropriate leave certification form as designated by the department, in the primary language of 
15the employee. 
16 SECTION 3. Subsection (a) of Section 4 of said chapter 175M, as so appearing, is hereby 
17amended by inserting after the third paragraph the following paragraph:-
18 When a covered contract worker requests leave under this chapter, or when the covered 
19business entity acquires knowledge that a covered contractor worker’s leave may be for a 
20qualifying reason under this chapter, the covered business entity must notify the worker of the 
21worker’s eligibility to take leave under this chapter within five business days, absent extenuating 
22circumstances, by giving the worker the appropriate leave certification form as designated by the 
23department, in their primary language.
24 SECTION 4. Subsection (e) of section 7 of chapter 175M of the General Laws, as so 
25appearing, is hereby amended by striking clause (vii) from the first sentence in the second 
26paragraph in its entirety and inserting the following clause at the end of clause (vi), on line 92:-
27 (vii) overall claimant demographics by age, gender, race and ethnicity, primary language 
28of applicant, geography, average weekly wage, occupation, employment type (full or part time or 
29self-employed), and the type of leave taken; 
30 And by striking the word “and” after the semicolon at the end of clause (xii), at line 100; 
31 And by striking clause (xiii) in its entirety and inserting at the end of clause (xii), at line 
32100, the following:- 3 of 3
33 (xiii) the number of cases remaining open at the close of such year; (xiv) the number of 
34businesses and total workforce headcount enrolled, and the number of businesses and total 
35workforce headcount covered by private plans; and (xv) the length of time between a covered 
36individual’s first day of leave and their first payment of benefits. Data in (ii) through (vi), (xi), 
37and (xv) shall be disaggregated by age, gender, race and ethnicity, primary language of applicant, 
38geography, average weekly wage, occupation, employment type, and the type of leave taken. 
39Data in (iii) and (vi) shall be further disaggregated by the relationship between the claimant and 
40family member. Data in (vi) shall be further disaggregated by year of birth or placement.