Bill Text: MA H124 | 2009-2010 | 186th General Court | Introduced
Bill Title: Establishing a paid family leave program
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-08-30 - Accompanied a study order, see H05006 [H124 Detail]
Download: Massachusetts-2009-H124-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Antonio F.D. Cabral
_______________
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 passage of the accompanying bill:
An Act establishing paid family leave.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Antonio F.D. Cabral |
13th Bristol |
|
Alice K. Wolf |
25th Middlesex |
|
Benjamin Swan |
11th Hampden |
|
Elizabeth A. Malia |
11th Suffolk |
|
Christine E. Canavan |
10th Plymouth |
|
Mark C. Montigny |
Second Bristol and Plymouth |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act establishing paid family leave.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Chapter 151A of the General Laws as appearing in
the 2006 Official Edition is hereby amended by adding the following:—
Section 75. Definitions.
Section 75. The definitions contained in section 1 of chapter 151A shall apply
to section 75 to section 82, inclusive, unless a term is also defined in this
section 75. The following words or phrases as used in section 75 to section 82,
inclusive, shall have the following meanings unless the context clearly
requires otherwise:
“Benefits” means moneys payable to a covered employee from the family fund
pursuant to this section.
“Child” means a biological, adopted or foster son or daughter, a stepson or
stepdaughter, a legal ward under the age of eighteen years, or a son or
daughter of a covered employee who stands in loco parentis to that child.
“Contribution Rate” means the percentage of employees’ total compensation paid
to the family fund annually.
“Covered Employee” means any Massachusetts resident meeting the qualifications
of subsection h of section 1 of chapter 151A.
“Family Fund” means a segregated account established by section 76 of chapter
151A.
“Family Member” means a covered employee’s spouse, child or parent.
“Parent” means a biological, foster, or adoptive parent, a stepparent, a legal
guardian or other person who stood in loco parentis to the covered employee or
his spouse when the covered employee or spouse was a child.
“Serious Health Condition” means an illness, injury, impairment, or physical or
mental condition that involves inpatient care in a hospital, hospice, or
residential health care facility, or continuing treatment or continuing
supervision by a health care provider.
Section 76. Contributions.
Section 76. The contributions required hereunder shall be paid by all employees
to the commonwealth in such manner and at such times as the commissioner may
prescribe, and shall be paid over by the commissioner to the state treasurer
and credited by him to the Family Fund.
Section 77. Rates.
Section 77. Employee contributions required under section 2 shall equal 0.1% of
wages, up to a maximum of $120 annually. On or before September 30th of each
year, the commissioner shall prepare a statement, which shall be a public
record, declaring the total amount of contributions and benefits for the preceding
calendar year, the administrative costs of the family fund, the estimated
benefits for the next calendar year and the percentage of compensation to be
paid to the family fund by covered employee in the next calendar year.
Notwithstanding this section 77, the commissioner may, at his discretion,
increase or decrease, by not to exceed 0.01 percent, the contribution rate if
he determines the adjustment is necessary to reimburse the fund for benefits
paid or estimated to be paid to covered employees or to prevent the
accumulation of funds in excess of those needed to maintain an adequate fund
balance.
Section 78. Benefits.
Section 78. A covered employee who has satisfied the requirements of this
section shall be eligible for up to twelve weeks worth of benefits in any
twelve month period. Said weekly benefit amount shall be equal to the amount of
the benefit for which the individual would have been eligible at the start of
said leave pursuant to chapter 151A had that individual been in total
unemployment, including any dependency benefits payable there under. An
individual is not eligible for benefits hereunder with respect to any day that
he or she has received unemployment compensation benefits pursuant to chapter
151 or any other jurisdiction’s similar unemployment compensation program. No
two or more individuals are eligible for benefits hereunder with respect to the
same family member at the same time. Any payment resulting from a birth or
adoption described in this section from a disability insurance plan contributed
to by the individual’s employer, in proportion to the employer’s contribution
to such plan shall cause a reduction, in the same amount as the payments, to
the total amount of benefits for which the individual is otherwise eligible
under this section. Employers may require covered employees to use up to two
weeks worth of vacation time prior to receiving benefits hereunder.
Section 79. Conflicts.
Section 79. Nothing in this section shall interfere with any greater rights or
benefits under the terms of a collective bargaining agreement or any other
employment agreement between the employee and the employing unit, nor shall the
payment of benefits under this section require an employer not covered under 29
U.S.C. Section 2601 or under section 105D of chapter 149 to provide a
job-protected leave.
Section 80. Regulations.
Section 80. The Commissioner shall issue regulations providing guidelines for
eligibility and the application procedure.
Section 81. Eligibility.
Section 81. In accordance with the regulations issued pursuant hereto, a
covered employee shall receive benefits pursuant to this section upon
establishing eligibility for each uninterrupted period of disability by filing
a first claim supported by the certificate of a treating physician or
practitioner that establishes the serious health condition or injury of the
family member that warrants the care of the covered employee or upon producing
the relevant birth certificate or adoption certificate of the covered
employee’s or his or her spouse’s or domestic partner’s new child. A
certificate filed to establish the serious health condition of the family
member shall include:
(a) a diagnosis and diagnostic code prescribed in the International
Classification of Diseases, or, where no diagnosis has yet been obtained, a
detailed statement of symptoms.
(b) the date, if known, on which the condition commenced.
(c) The probably duration of the condition.
(d) An estimate of the amount of time that the physician or practitioner
believes the covered employee is needed to care for the family member.
(e) A statement that the serious health condition warrants the participation of
the covered employee to provide care for his or her family member. “Warrants
the participation of the covered employee” includes, but is not limited to,
providing psychological comfort, and arranging “third party” care for the
family member, as well as directly providing or participating in medical care.
Section 82. Further Evidence.
Section 82. Nothing in this section shall be construed to preclude the
department from requesting additional medical evidence to supplement a claim
filed pursuant to this section if the evidence can be procured without
additional cost to the claimant. The commissioner may require that additional
evidence include identification of diagnoses, symptoms, or a statement as to
the facts of the claimant’s disability by the physician or practitioner
treating the claimant, by the registrar, authorized medical officer, or other
duly authorized official of the hospital or health facility treating the
claimant, or by an examining physician or other representative of the
department.
SECTION 2. Effective Date.
This act shall become operative on January 1, 2008, except that benefits shall be payable for periods of leave commencing on or after July 1, 2008.
SECTION 3. The General Laws are amended by
inserting after paragraph 11A of section 4 of chapter 151 B the following:—
11B. (1) For an employer to discharge, fine, suspend, expel, discipline or in
any other manner discriminate against an employee: (i) for exercising any right
to which such employee is entitled under the provisions of section 75 to
section 82, inclusive, of chapter 151A, or (ii) with the purpose of interfering
with the exercise of any right to which such employee is entitled under section
75 to section 82, inclusive, of chapter 151A. (2) For any employer to
discharge, fine, suspend, expel, discipline or in any other manner discriminate
against an employee who has filed a complaint or instituted or caused to be
instituted a proceeding under or related to section 75 to section 82,
inclusive, of chapter 151 A, or who has testified or is about to testify in an
inquiry or proceeding, or who has given or is about to give information
connected to any inquiry or proceeding related to section 75 to section 82,
inclusive, of chapter 151 A. For purposes of this subsection, any negative
change in the seniority, status, employment benefits, pay or other terms or
conditions of employment of an employee who has been restored to a position
pursuant to section 75 to section 82, inclusive, of chapter 151 A that occurs
within six months of such restoration, or of an employee who has participated
in proceedings or inquiries pursuant to section 75 to section 82, inclusive, of
chapter 151A within six months of the termination of proceedings shall be
presumed to be retaliation.
