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| 2 | 2 | | SENATE DOCKET, NO. 1333 FILED ON: 1/19/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1231 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | John C. Velis |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to employee leave of absence to appear in probate and family court. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :John C. VelisHampden and Hampshire 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 1333 FILED ON: 1/19/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1231 |
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| 18 | 18 | | By Mr. Velis, a petition (accompanied by bill, Senate, No. 1231) of John C. Velis for legislation |
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| 19 | 19 | | relative to employee leave of absence to appear in probate and family court. Labor and |
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| 20 | 20 | | Workforce Development. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to employee leave of absence to appear in probate and family court. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Chapter 149 of the General laws is hereby amended by adding after section 52E the |
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| 30 | 30 | | 2following section:- |
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| 31 | 31 | | 3 Section 52F. (a) Notwithstanding any general or special law or rule or regulation to the |
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| 32 | 32 | | 4contrary, an employee is entitled to take unpaid leave when necessary to appear in the Probate |
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| 33 | 33 | | 5and Family Court, on all matters pertaining to their rights and duties as a parent or legal |
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| 34 | 34 | | 6guardian, including but not limited to, divorce, paternity, actions arising out of chapter 209c for |
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| 35 | 35 | | 7custody-support-parenting time, and modifications or enforcement of all such actions. |
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| 36 | 36 | | 8 (b) An employee may elect, or an employer may require the employee, to substitute any |
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| 37 | 37 | | 9of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for |
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| 38 | 38 | | 10any of the leave provided under this section, but nothing in this section shall require an employer |
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| 39 | 39 | | 11to provide paid sick leave or paid medical leave in any situation in which the employer would 2 of 2 |
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| 40 | 40 | | 12not normally provide any such paid leave. Leave under this section may be taken intermittently |
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| 41 | 41 | | 13or on a reduced leave schedule. |
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| 42 | 42 | | 14 (c) If the necessity for leave under this section is foreseeable, the employee shall provide |
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| 43 | 43 | | 15the employer with not less than seven days of notice before the date the leave is to begin. If the |
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| 44 | 44 | | 16necessity for leave is not foreseeable, the employee shall provide such notice as is practicable. |
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| 45 | 45 | | 17 (d) An employer may require that a request for leave under this section be supported by a |
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| 46 | 46 | | 18certification issued at such time and in such manner as the attorney general may by regulation |
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| 47 | 47 | | 19require. |
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| 48 | 48 | | 20 (e) The attorney general shall enforce this section, and may obtain injunctive or |
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| 49 | 49 | | 21declaratory relief for this purpose. Violation of this section shall be subject to the second |
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| 50 | 50 | | 22paragraph of section 150 and to section 180. |
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