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H 2064

An Act relative to bereavement leave for the loss of a child

194th Legislature (2025-2026) Introduced by Jim Arciero and 29 co-sponsors

Requires employers to provide up to 10 days of paid bereavement leave at the employee’s regular rate for a child’s death under 18, with notice and documentation rules.

Accompanied a new draft, see H5302
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Bill Summary · H 2064

Summary: H.2064 — An Act relative to bereavement leave for the loss of a child

Status and Timeline
- Referred to: Labor and Workforce Development (February 27, 2025)
- Senate concurred (February 2025)
- Reporting date extended: March 18, 2026
- Enactment: Takes effect January 1 of the year after enactment

Purpose
- To require employers to provide paid bereavement leave to employees who suffer the loss of a child, with a defined maximum duration and specified terms for payment, notice, and documentation.

Key Provisions

1) Definitions
- Bereavement leave: leave from employment to grieve, make arrangements, or attend services due to a child’s death.
- Child: biological, adopted, foster child, or stepchild under 18.
- Employee: an individual hired for lawful employment, part-time or full-time.
- Employer: as defined in chapter 151A, section 1.

2) Bereavement Leave Entitlement
- Employers must permit up to 10 days of bereavement leave per death of a child.
- Leave can be used consecutively or non-consecutively.
- Timeframe: within 12 months following the death of the employee’s child.

3) Pay and Benefits
- Leave must be paid at the employee’s regular rate of pay.
- Employee benefits continue to accrue during bereavement leave.
- For part-time workers, pay is calculated using the average hours worked per day over the preceding 12 months.

4) Notice and Documentation
- Employees should provide advance notice of bereavement leave when possible, consistent with employer policies.
- If an absence is unscheduled, employers cannot take negative action if the employee provides documentation within 30 days linking the absence to the child’s death.
- Employers may require documentation. Acceptable forms include:
- Death certificate
- Obituary or funeral program
- Police report
- Documentation from a mental health care provider
- Other documentation designated by the employer

5) Relationship to Other Policies
- The act does not cap bereavement leave beyond 10 days if an employer policy provides more.
- Does not affect existing rights under bargaining agreements, company policy, or other laws that grant greater rights.

6) Administration and Enforcement
- Employers must inform employees of their rights and responsibilities under the act.
- The Attorney General enforces the section and may seek injunctive or other equitable relief.

7) Effective Date
- The Act takes effect on January 1 of the year following enactment.

Impact and Implications

  • Who is affected: Employers in Massachusetts and their employees (both part-time and full-time) who experience the death of a child under age 18.
  • Financial impact: Creates a statutory obligation to pay up to 10 days of bereavement leave at the employee’s regular rate; may require employers to budget for paid leave beyond existing policies.
  • Administrative impact: Requires employer notification to employees about bereavement rights and potential documentation processes.
  • Policy scope: Sets a baseline for paid bereavement leave related to child loss, while allowing more generous employer policies or existing collective bargaining agreements to provide additional rights.

Related Information
- Related bill: HD 3789 (replaces)
- Current status updates indicate ongoing committee consideration and extended reporting deadlines.

Compiled from official sources — confirm details with the bill’s official record.

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