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Bill H.5302
SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after section 52E the following section:
Section 52F. (a)For the purposes of this section, the following words shall have the following meaning, unless context clearly indicates otherwise:
“Bereavement leave”, leave from employment taken to grieve or make arrangements necessitated by the death of a family member.
“Family member”, the child, parent, guardian, sibling, spouse, grandparent, grandchild, domestic partner, as well as a person with who the employee has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.
“Employee” any individual who performs services for an employer within the Commonwealth for wages or other remuneration, including full-time, part-time, temporary, seasonal, and per diem employees.
“Employer” any person, corporation, partnership, association, trust, business, public agency, municipality, or other entity that employs one or more employees within the Commonwealth, including the Commonwealth and any political subdivision thereof.
“Child” a biological, adopted, foster child or stepchild.
(b) All employees shall be entitled to up to 10 business days of bereavement leave per calendar year following the death of a family member to:
(1) Make arrangements necessitated by the death of the family member, including, but
not limited to, funeral arrangements, estate preparation, or other legal arrangements.
(2) Attend the funeral or equivalent to a funeral of a family member; or
(3) Grieve the death of a family member.
(c) Bereavement leave may be taken consecutively or intermittently in full or partial day increments. Leave shall be taken within 30 days of the death of the family member, except in cases involving the death of a child, in which leave may be taken at any time within 12 months of the death.
(d) Leave taken pursuant to this section shall be paid by the employer at the employee’s regular rate of pay, and the employee’s regular employment benefits shall continue to accrue during this period. For part-time workers, the employer shall calculate the average hours worked per day by the employee during the preceding 12 months to determine the employee’s compensation for their bereavement leave.
(e) Employees who take bereavement leave under this section shall be entitled to restoration to the position held by the employee when the leave commenced or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.
(f) An employer may require reasonable documentation of the death of the family member. Documentation may include a death certificate, obituary, funeral program, police report or other written verification of death, or in the case of child loss, documentation from a medical or mental health provider.
(g) Nothing in this section shall be construed to diminish an employer’s obligation to comply with any contract, collective bargaining agreement, or employment benefit program that provides more generous leave rights. Employers with fewer than 25 employees shall be exempt from the provisions of this section.
(h) Employers shall notify employees of their rights under this section in writing and through any employee handbook or leave policy.
SECTION 2. This act shall take effect on January 1, 2027.
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