Massachusetts SD 237: An Act ensuring domestic violence victims' protections for all employees in the Commonwealth

Bill Text

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SENATE DOCKET, NO. 237 FILED ON: 1/12/2023
SENATE . . . . . . . . . . . . . . No. 1166

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Ryan C. Fattman
_________________
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 ensuring domestic violence victims' protections for all employees in the Commonwealth.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Ryan C. Fattman Worcester and Hampden
Joseph D. McKenna 18th Worcester
Brian M. Ashe 2nd Hampden 2/3/2023
Alyson M. Sullivan-Almeida 7th Plymouth 2/3/2023
Brian W. Murray 10th Worcester 2/6/2023
Walter F. Timilty Norfolk, Plymouth and Bristol 2/8/2023
Michael O. Moore Second Worcester 2/15/2023
Steven Owens 29th Middlesex 2/17/2023
Steven George Xiarhos 5th Barnstable 2/18/2023
Anne M. Gobi Worcester and Hampshire 2/21/2023
Jacob R. Oliveira Hampden, Hampshire and Worcester 3/13/2023
Cindy F. Friedman Fourth Middlesex 3/14/2023
Nicholas A. Boldyga 3rd Hampden 3/15/2023
Marcus S. Vaughn 9th Norfolk 3/24/2023
Bruce E. Tarr First Essex and Middlesex 3/28/2023
Joan B. Lovely Second Essex 5/8/2023

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SENATE DOCKET, NO. 237 FILED ON: 1/12/2023
SENATE . . . . . . . . . . . . . . No. 1166
By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1166) of Ryan C. Fattman, Joseph
D. McKenna, Brian M. Ashe, Alyson M. Sullivan-Almeida and other members of the General
Court for legislation to ensure domestic violence victims' protections for all employees in the
Commonwealth. Labor and Workforce Development.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1023 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________

An Act ensuring domestic violence victims' protections for all employees in the Commonwealth.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby
2 amended by inserting after section 203 the following section:-
3 Section 203 ½: Leave from work when a contract worker has been victim of abusive
4 behavior
5 (a) For purposes of this section, the following words shall have the following meanings,
6 unless the context clearly indicates otherwise:
7 ''Abuse'', (i) attempting to cause or causing physical harm; (ii) placing another in fear of
8 imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations

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9 by force, threat or duress or engaging or threatening to engage in sexual activity with a
10 dependent child; (iv) engaging in mental abuse, which includes threats, intimidation or acts
11 designed to induce terror; (v) depriving another of medical care, housing, food or other
12 necessities of life; or (vi) restraining the liberty of another.
13 ''Abusive behavior'', (i) any behavior constituting domestic violence, (ii) stalking in
14 violation of section 43 of chapter 265, (iii) sexual assault, which shall include a violation of
15 sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or
16 51 of chapter 265 or sections 3 or 35A of chapter 272 and (iv) kidnapping in violation of the
17 third paragraph of section 26 of chapter 265.
18 “Client employers”, a business entity, regardless of its form, that obtains or is provided
19 workers to perform labor or services within its usual course of business from a labor contractor,
20 which includes a staffing agency as defined by section 159C of chapter 149.
21 ''Contract workers'', individuals who perform services for an employer but are not
22 considered employees under section 148B of chapter 149 of the General Laws, including
23 individuals who are contracted by client employers.
24 ''Domestic violence'', abuse against a contract worker by: (i) a current or former spouse of
25 the contract worker; (ii) a person with whom the contract worker shares a child in common; (iii)
26 a person who is cohabitating with or has cohabitated with the contract worker; (iv) a person who
27 is related by blood or marriage to the contract worker; or (v) a person with whom the contract
28 worker has or had a dating or engagement relationship.
29 (b) An employer shall permit a contract worker to take up to 15 days of leave from work
30 in any 12 month period if:

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31 (i) the contract worker is a victim of abusive behavior; and
32 (ii) the contract worker is using the leave from work to: seek or obtain medical attention,
33 counseling, victim services or legal assistance; secure housing; obtain a protective order from a
34 court; appear in court or before a grand jury; meet with a district attorney or other law
35 enforcement official; or attend child custody proceedings o