S 1378

SENATE DOCKET, NO. 773  FILED ON: 1/14/2025
  SENATE . . . . . . . . . . . . . . No. 1378
  The Commonwealth of Massachusetts
  _________________
  PRESENTED BY:
  John C. Velis
  _________________
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 adoption of the accompanying bill:
  An Act relative to employee leave of absence to appear in probate and family court.
  _______________
  PETITION OF:
NAME:  DISTRICT/ADDRESS:
John C. Velis  Hampden and Hampshire
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  SENATE DOCKET, NO. 773  FILED ON: 1/14/2025
 SENATE . . . . . . . . . . . . . . No. 1378
    By Mr. Velis, a petition (accompanied by bill, Senate, No. 1378) of John C. Velis for legislation
    relative to employee leave of absence to appear in probate and family court. Labor and
    Workforce Development.
  [SIMILAR MATTER FILED IN PREVIOUS SESSION
  SEE SENATE, NO. 1231 OF 2023-2024.]
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
    An Act relative to employee leave of absence to appear in probate and family court.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
    of the same, as follows:
1Chapter 149 of the General laws is hereby amended by adding after section 52E the
2 following section:-
3Section 52F. (a) Notwithstanding any general or special law or rule or regulation to the
4 contrary, an employee is entitled to take unpaid leave when necessary to appear in the Probate
5 and Family Court, on all matters pertaining to their rights and duties as a parent or legal
6 guardian, including but not limited to, divorce, paternity, actions arising out of chapter 209c for
7 custody-support-parenting time, and modifications or enforcement of all such actions.
8(b) An employee may elect, or an employer may require the employee, to substitute any
9 of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for
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10 any of the leave provided under this section, but nothing in this section shall require an employer
11 to provide paid sick leave or paid medical leave in any situation in which the employer would
12 not normally provide any such paid leave. Leave under this section may be taken intermittently
13 or on a reduced leave schedule.
14(c) If the necessity for leave under this section is foreseeable, the employee shall provide
15 the employer with not less than seven days of notice before the date the leave is to begin. If the
16 necessity for leave is not foreseeable, the employee shall provide such notice as is practicable.
17(d) An employer may require that a request for leave under this section be supported by a
18 certification issued at such time and in such manner as the attorney general may by regulation
19 require.
20(e) The attorney general shall enforce this section, and may obtain injunctive or
21 declaratory relief for this purpose. Violation of this section shall be subject to the second
22 paragraph of section 150 and to section 180.
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