Massachusetts Senate Bill S1231

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23
• Refer: 1/29/24

Caption

Relative to employee leave of absence to appear in probate and family court

Impact

If enacted, this bill would amend Chapter 149 of the General Laws by adding Section 52F, which explicitly grants the right to unpaid leave for necessary court appearances. It stipulates that while employees can opt to use accrued paid leave, employers are not mandated to provide paid leave unless such provisions already exist within their policies. Consequently, this creates a more inclusive workplace environment supportive of employees facing family-related legal matters, enabling them to take the time necessary to resolve such important issues without the fear of job loss.

Summary

Senate Bill S1231, titled 'An Act relative to employee leave of absence to appear in probate and family court', seeks to establish statutory rights for employees requiring leave to address legal matters related to their parental or guardianship duties. This legislation would allow employees to take unpaid leave to attend court sessions concerning divorce, custody, parenting arrangements, and other related issues. The bill aims to ensure that employees can fulfill their legal obligations without the risk of losing their jobs or incurring penalties.

Contention

Notable points of contention regarding S1231 include concerns over how the bill will be enforced and defined within workplace policies. Additionally, there could be debates over the balance between employer prerogatives and employee rights, specifically regarding the requirements of notice and certification for leave requests. Critics may argue that the bill requires clear definitions and guidelines to prevent potential abuse or misunderstandings regarding what constitutes a necessary court appearance. The enforcement mechanism, which lies with the Attorney General, may also raise questions about the resources available for compliance and monitoring.