Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2479 Compare Versions

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

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1	1	SENATE . . . . . . . . . . . . . . No. 2479
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, October 19, 2023.
8	8	The committee on Labor and Workforce Development, to whom was referred the
9	9	petitions (accompanied by bill, Senate, No. 1166) of Ryan C. Fattman, Joseph D. McKenna,
10	10	Brian M. Ashe, Alyson M. Sullivan-Almeida and other members of the General Court for
11	11	legislation to ensure domestic violence victims' protections for all employees in the
12	12	Commonwealth; and (accompanied by bill, House, No. 1919) of Joseph D. McKenna, Ryan C.
13	13	Fattman and others relative to employment protections for domestic violence victims, reports the
14	14	accompanying bill (Senate, No. 2479).
15	15	For the committee,
16	16	Patricia D. Jehlen 1 of 7
17	17	FILED ON: 10/18/2023
18	18	SENATE . . . . . . . . . . . . . . No. 2479
19	19	The Commonwealth of Massachusetts
20	20	_______________
21	21	In the One Hundred and Ninety-Third General Court
22	22	(2023-2024)
23	23	_______________
24	24	An Act ensuring domestic violence victims' protections for all employees in the Commonwealth.
25	25	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
26	26	of the same, as follows:
27	27	1 Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby
28	28	2amended by inserting after section 52E the following section:-
29	29	3 Section 52F: Leave from work when a contract worker has been victim of abusive
30	30	4behavior
31	31	5 (a) For purposes of this section, the following words shall have the following meanings,
32	32	6unless the context clearly indicates otherwise:
33	33	7 ''Abuse'', (i) attempting to cause or causing physical harm; (ii) placing another in fear of
34	34	8imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations
35	35	9by force, threat or duress or engaging or threatening to engage in sexual activity with a
36	36	10dependent child; (iv) engaging in mental abuse, which includes threats, intimidation or acts
37	37	11designed to induce terror; (v) depriving another of medical care, housing, food or other
38	38	12necessities of life; or (vi) restraining the liberty of another. 2 of 7
39	39	13 ''Abusive behavior'', (i) any behavior constituting domestic violence, (ii) stalking in
40	40	14violation of section 43 of chapter 265, (iii) sexual assault, which shall include a violation of
41	41	15sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or
42	42	1651 of chapter 265 or sections 3 or 35A of chapter 272 and (iv) kidnapping in violation of the
43	43	17third paragraph of section 26 of chapter 265.
44	44	18 “Client employers”, a business entity, regardless of its form, that obtains or is provided
45	45	19workers to perform labor or services within its usual course of business from a third party, which
46	46	20includes a staffing agency as defined by section 159C of chapter 149.
47	47	21 ''Contract workers'', individuals who perform services for an employer but are not
48	48	22considered employees under section 148B of chapter 149 of the General Laws, including
49	49	23individuals who are contracted by client employers.
50	50	24 ''Domestic violence'', abuse against a contract worker by: (i) a current or former spouse of
51	51	25the contract worker; (ii) a person with whom the contract worker shares a child in common; (iii)
52	52	26a person who is cohabitating with or has cohabitated with the contract worker; (iv) a person who
53	53	27is related by blood or marriage to the contract worker; or (v) a person with whom the contract
54	54	28worker has or had a dating or engagement relationship.
55	55	29 (b) A client employer shall permit a contract worker to take up to 15 days of leave from
56	56	30work in any 12 month period if:
57	57	31 (i) the contract worker is a victim of abusive behavior; and
58	58	32 (ii) the contract worker is using the leave from work to: seek or obtain medical attention,
59	59	33counseling, victim services or legal assistance; secure housing; obtain a protective order from a 3 of 7
60	60	34court; appear in court or before a grand jury; meet with a district attorney or other law
61	61	35enforcement official; or attend child custody proceedings or address other issues directly related
62	62	36to the abusive behavior against the contract worker.
63	63	37 The client employer shall have sole discretion to determine whether any leave taken
64	64	38under this section shall be paid or unpaid.
65	65	39 (c) Except in cases of imminent danger to the health or safety of a contract worker, a
66	66	40contract worker seeking leave from work under this section shall provide appropriate advance
67	67	41notice of the leave to the client employer as required by the client employer's leave policy.
68	68	42 If there is a threat of imminent danger to the health or safety of a contract worker, the
69	69	43contract worker shall not be required to provide advanced notice of leave; provided, however,
70	70	44that the contract worker shall notify the client employer within 3 workdays that the leave was
71	71	45taken or is being taken under this section. Such notification may be communicated to the client
72	72	46employer by the contract worker, a family member of the contract worker or the contract
73	73	47worker's counselor, social worker, health care worker, member of the clergy, shelter worker,
74	74	48legal advocate or other professional who has assisted the contract worker in addressing the
75	75	49effects of the abusive behavior on the contract worker.
76	76	50 If an unscheduled absence occurs, a client employer shall not take any negative action
77	77	51against the contract worker if the contract worker, within 30 days from the unauthorized absence
78	78	52or within 30 days from the last unauthorized absence in the instance of consecutive days of
79	79	53unauthorized absences, provides any of the documentation described in paragraphs (1) to (7),
80	80	54inclusive, of subsection (d). 4 of 7
81	81	55 (d) A client employer may require a contract worker to provide documentation
82	82	56evidencing that the contract worker has been a victim of abusive behavior and that the leave
83	83	57taken is consistent with the conditions of clauses (i) and (ii), inclusive, of subsection (b);
84	84	58provided, however, that a client employer shall not require a contract worker to show evidence of
85	85	59an arrest, conviction or other law enforcement documentation for such abusive behavior. A
86	86	60contract worker shall provide such documentation to the client employer within a reasonable
87	87	61period after the client employer requests documentation relative to the contract worker's absence.
88	88	62A contract worker shall satisfy this documentation requirement by providing any 1 of the
89	89	63following documents to the client employer.
90	90	64 (1) A protective order, order of equitable relief or other documentation issued by a court
91	91	65of competent jurisdiction as a result of abusive behavior against the contract worker.
92	92	66 (2) A document under the letterhead of the court, provider or public agency which the
93	93	67contract worker attended for the purposes of acquiring assistance as it relates to the abusive
94	94	68behavior against the contract worker.
95	95	69 (3) A police report or statement of a victim or witness provided to police, including a
96	96	70police incident report, documenting the abusive behavior complained of by the contract worker.
97	97	71 (4) Documentation that the perpetrator of the abusive behavior against the contract
98	98	72worker has: admitted to sufficient facts to support a finding of guilt of abusive behavior; or has
99	99	73been convicted of, or has been adjudicated a juvenile delinquent by reason of, any offense
100	100	74constituting abusive behavior and which is related to the abusive behavior that necessitated the
101	101	75leave under this section. 5 of 7
102	102	76 (5) Medical documentation of treatment as a result of the abusive behavior complained of
103	103	77by the contract worker.
104	104	78 (6) A sworn statement, signed under the penalties of perjury, provided by a counselor,
105	105	79social worker, health care worker, member of the clergy, shelter worker, legal advocate or other
106	106	80professional who has assisted the contract worker in addressing the effects of the abusive
107	107	81behavior.
108	108	82 (7) A sworn statement, signed under the penalties of perjury, from the contract worker
109	109	83attesting that the contract worker has been the victim of abusive behavior. Any documentation
110	110	84provided to a client employer under this section may be maintained by the client employer in the
111	111	85contract worker’s employment record but only for as long as required for the client employer to
112	112	86make a determination as to whether the contract worker is eligible for leave under this section.
113	113	87 (e) All information related to the contract worker’s leave under this section shall be kept
114	114	88confidential by the client employer and shall not be disclosed, except to the extent that disclosure
115	115	89is:
116	116	90 (i) requested or consented to, in writing, by the contract worker;
117	117	91 (ii) ordered to be released by a court of competent jurisdiction;
118	118	92 (iii) otherwise required by applicable federal or state law;
119	119	93 (iv) required in the course of an investigation authorized by law enforcement, including,
120	120	94but not limited to, an investigation by the attorney general; or
121	121	95 (v) necessary to protect the safety of the contract worker or others employed at the
122	122	96workplace. 6 of 7
123	123	97 (f) Any contract worker seeking leave under this section shall exhaust all annual or
124	124	98vacation leave, personal leave and sick leave available to the contract worker, prior to requesting
125	125	99or taking leave under this section, unless the client employer waives this requirement.
126	126	100 (g) No client employer shall coerce, interfere with, restrain or deny the exercise of, or any
127	127	101attempt to exercise, any rights provided under this section or to make leave requested or taken
128	128	102hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.
129	129	103 (h) No client employer shall discharge or in any other manner discriminate against a
130	130	104contract worker for exercising the contract worker’s rights under this section. The taking of leave
131	131	105under this section shall not result in the loss of any employment benefit accrued prior to the date
132	132	106on which the leave taken under this section commenced. Upon the contract worker’s return from
133	133	107such leave, the contract worker shall be entitled to restoration to the contract worker’s original
134	134	108job or to an equivalent position.
135	135	109 (i) The attorney general shall enforce this section and may seek injunctive relief or other
136	136	110equitable relief to enforce this section.
137	137	111 (j) Client employers shall notify each contract worker of the rights and responsibilities
138	138	112provided by this section including those related to notification requirements and confidentiality.
139	139	113 (k) This section shall not be construed to exempt a client employer from complying with
140	140	114chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights
141	141	115of any contract worker under said chapter 258B, said section 14B of chapter 268 or any other
142	142	116general or special law. 7 of 7
143	143	117 (l) Any benefit received from this section shall not be considered relevant in any criminal
144	144	118or civil proceeding as it relates to the alleged abuse unless, after a hearing, a justice of the
145	145	119district, superior or probate court determines that such benefit is relevant to the allegations.