Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2125 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2470 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2125
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Vanna Howard
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to provide paid family and medical leave to all educators.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Vanna Howard17th Middlesex1/16/2025James C. Arena-DeRosa8th Middlesex3/3/2025Mike Connolly26th Middlesex2/13/2025James B. EldridgeMiddlesex and Worcester2/28/2025Rodney M. Elliott16th Middlesex1/31/2025Carlos González10th Hampden2/19/2025James K. Hawkins2nd Bristol2/11/2025Natalie M. Higgins4th Worcester2/8/2025Tara T. Hong18th Middlesex3/6/2025David Henry Argosky LeBoeuf17th Worcester2/10/2025Paul McMurtry11th Norfolk2/19/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2025Erika Uyterhoeven27th Middlesex2/6/2025 1 of 4
16	16	HOUSE DOCKET, NO. 2470 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2125
18	18	By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 2125) of
19	19	Vanna Howard and others relative to paid family and medical leave for educators. Labor and
20	20	Workforce Development.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to provide paid family and medical leave to all educators.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of chapter 175M of the General Laws is hereby amended by
30	30	2striking the definition of “Covered individual” and inserting the following:-
31	31	3 ''Covered individual'', either: (i) an employee who meets the financial eligibility
32	32	4requirements of subsection (a) of section 24 of chapter 151A; provided, however, that all such
33	33	5employment shall have been with an employer in the commonwealth; (ii) a personal care
34	34	6attendant, as defined in section 70 of chapter 118E, whose wages from working as a personal
35	35	7care attendant meet the financial eligibility requirements of said subsection (a) of said section 24
36	36	8of said chapter 151A; (iii) a family child care provider, as defined in subsection (a) of section 17
37	37	9of chapter 15D, whose payments from working as a family child care provider meet the financial
38	38	10eligibility requirements of said subsection (a) of said section 24 of said chapter 151A; (iv) a self-
39	39	11employed individual: (A) who has elected coverage under subsection (j) of section 2; and (B)
40	40	12whose reported earnings to the department of revenue from self-employment meet the financial 2 of 4
41	41	13eligibility requirements of said subsection (a) of said section 24 of said chapter 151A as if the
42	42	14individual were an employee; (v) a covered contract worker: (A) for whom at least 1 employer or
43	43	15covered business entity is required to remit contributions to the Family and Employment
44	44	16Security Trust Fund pursuant to section 6; and (B) whose payments from such employer or
45	45	17covered business entity satisfy the financial eligibility requirements of said subsection (a) of said
46	46	18section 24 of said chapter 151A as if the covered contract worker were an employee; (vi) an
47	47	19employee of a school district as defined in section 2 of chapter 70 or an education collaborative
48	48	20as established under section 4E of chapter 40; or (vii) a former employee who has: (A) met the
49	49	21financial eligibility requirements of said subsection (a) of said section 24 of said chapter 151A at
50	50	22the time of the former employee's separation from employment; provided, however, that all such
51	51	23employment shall have been with an employer in the commonwealth; and (B) been separated
52	52	24from employment for not more than 26 weeks at the start of the former employee's family or
53	53	25medical leave.
54	54	26 SECTION 2. Section 1 of said chapter 175M is hereby amended by striking the definition
55	55	27of “Employer” and inserting the following:-
56	56	28 ''Employer'', shall have the same meaning as provided in subsection (i) of section 1 of
57	57	29chapter 151A; provided, however, that an individual employer shall be determined by the
58	58	30Federal Employer Identification Number; provided further, that, notwithstanding any general or
59	59	31special law to the contrary, the PCA quality home care workforce council established in section
60	60	3271 of chapter 118E shall be the employer of personal care attendants, as defined in section 70 of
61	61	33said chapter 118E, solely for the purposes of section 6 and consumers, as defined in said section
62	62	3470 of said chapter 118E, shall be considered the employers of personal care attendants solely for
63	63	35the purposes of the notice requirements set forth in subsections (a) and (b) of section 4 and 3 of 4
64	64	36subsection (d) of section 8; provided further, that, notwithstanding any general or special law to
65	65	37the contrary, the department of early education and care shall be the employer of family child
66	66	38care providers, as defined in subsection (a) of section 17 of chapter 15D, solely for the purposes
67	67	39of section 6 and the notice provisions set forth in subsections (a) and (b) of section 4 and
68	68	40subsection (d) of section 8; provided further, that, notwithstanding any general or special law to
69	69	41the contrary, a school district as defined in section 2 of chapter 70 or an education collaborative
70	70	42as established under section 4E of chapter 40 shall be considered a covered employer and shall
71	71	43not be subject to section 10 of this chapter; provided further, that any employer not subject to this
72	72	44chapter may become a covered employer under this chapter by notifying the department of
73	73	45family and medical leave and completing the procedure established by the department; and
74	74	46provided further, that a municipality, district, political subdivision or its instrumentalities shall
75	75	47not be subject to this chapter unless it adopts this chapter under section 10.
76	76	48 SECTION 2. Section 2 of said chapter 175M is hereby amended by striking out
77	77	49subsection (f) and inserting in place thereof the following subsection: -
78	78	50 (f) Notwithstanding subsection (e) or any other general or special law to the contrary, the
79	79	51taking of family or medical leave shall not affect an employee's right to accrue vacation time,
80	80	52sick leave, bonuses, advancement, seniority, length-of-service credit, creditable service as
81	81	53defined in section 1 of chapter 32, or other employment benefits, plans or programs. During the
82	82	54duration of an employee's family or medical leave, the employer shall provide for, contribute to
83	83	55or otherwise maintain the employee's employment-related health insurance benefits, if any, at the
84	84	56level and under the conditions coverage would have been provided if the employee had
85	85	57continued working continuously for the duration of such leave. 4 of 4
86	86	58 SECTION 3. Said section 2 of said chapter 175M is hereby inserting the following
87	87	59subsection: -
88	88	60 (k) Benefits shall not be paid to any individual for any week commencing during an
89	89	61established and customary vacation period or holiday recess if such individual is employed with
90	90	62the employer in the period immediately before such vacation period or holiday recess, and there
91	91	63is a reasonable assurance that such individual will perform such services in the period
92	92	64immediately following such vacation period or holiday recess.
93	93	65 SECTION 4. Section 6 of said chapter 175M is hereby amended by adding after
94	94	66subsection (c) (2) the following subsection: -
95	95	67 (3) For a school district as defined in section 2 of chapter 70 or an education collaborative
96	96	68as established under section 4E of chapter 40 the required employer’s portion of the contribution
97	97	69for medical leave pursuant to (c) (1) and family leave pursuant to (c) (2) of this section shall be
98	98	70paid for with income surtax revenue tax specified in subsection (d) of section 4 of chapter 62,
99	99	71and remitted to the Family and Employment Security Trust Fund by the commonwealth.