S1351 — An Act improving the Massachusetts paid family medical leave law

Summary

An Act improving the Massachusetts paid family medical leave law

Bill Text

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The bill amends existing law to enhance notification requirements for leave eligibility and to specify additional reporting metrics related to leave and public education campaigns.

• chapter 175M, section 4(a)

  When an employee requests leave under this chapter, or when the employer acquires knowledge that an employee's leave may be for a qualifying reason under this chapter, the employer must notify the employee of the employee's eligibility to take paid leave under this chapter within five business days by giving the employee the appropriate leave certification form as designated by the department and the written information outlined in the preceding paragraph.

  Employers must now inform employees of their eligibility for paid leave within five business days of a leave request or when aware of a qualifying reason.

• chapter 175M, section 4(a)

  When a covered contract worker requests leave under this chapter, or when the covered business entity acquires knowledge that a covered contractor worker’s leave may be for a qualifying reason under this chapter, the covered business entity must notify the worker of the worker’s eligibility to take leave under this chapter within five business days by giving the worker the appropriate leave certification form as designated by the department and the written information outlined in the preceding paragraph.

  Covered business entities must now notify covered contract workers of their leave eligibility within five business days similarly to employees.

• chapter 175M, section 7(e)

  eligible → eligible and ineligible

  Claims now must report on both eligible and ineligible statuses.

• chapter 175M, section 7(e)

  by year of birth or placement

  The reporting clause will now include the classification of children by year of birth or placement.

• chapter 175M, section 7(e)

  clause (vii) from the first sentence in the second paragraph in its entirety → (vii) eligible and ineligible claimant demographics for each type of leave by age, gender, race, ethnicity, primary language of the applicant, geography, average weekly wage, and occupation;

  Demographic reporting requirements are expanded to include more detailed information on eligible and ineligible claimants.

• chapter 175M, section 7(e)

  clauses (ix), (x), (xi), (xii) and (xiii) from the second paragraph in their entirety → (ix) administrative reviews requested by ineligibility reason; (x) administrative reviews performed, by outcome; (xi) administrative appeal hearings, by outcome; (xii) average weekly benefit amount paid for all claims and by category of leave; (xiii) changes in the gross benefits paid compared to previous fiscal years; (xiv) processing times for initial claims processing, initial determinations, final decisions, and initial payment; (xv) average duration for cases completed; and (xvi) the number of cases remaining open at the close of such year; (xvii) the number of businesses and total workforce headcount enrolled; (xviii) number of businesses and total workforce headcount enrolled in private plans; and to the extent feasible (xix) private plan performance by the metrics in this subsection.

  The list of reporting requirements will now include more specific metrics related to administrative reviews and benefit analysis.

• chapter 175M, section 7(e)

  The report shall also include details on the annual public education campaign conducted pursuant to subsection (f) of section 8 of this chapter including, but not limited to, employer, employee and cover contract worker outreach efforts and materials, multilingual outreach materials and evidence of multimedia distribution and reach.

  Annual reports will now need to include information about public education campaigns related to leave.

• chapter 175M, section 8(f)

  the word “a” → an annual

  The phrasing changes to specify that a public education campaign will be conducted annually.

Sponsors

• Jason M. Lewis · Primary

Subjects