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H 2158

An Act relative to employee leave of absence to appear in the Probate and Family Court

194th Legislature (2025-2026) Introduced by Adrianne Ramos and 1 co-sponsor

Allows MA employees to take unpaid leave to attend Probate and Family Court proceedings on parenting rights/duties, with option to substitute accrued paid leave; AG enforcement.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 2158

Summary: H.2158 – An Act relative to employee leave of absence to appear in the Probate and Family Court

Overview and purpose

H.2158 proposes a new provision (Chapter 149, Section 52F) to allow Massachusetts employees to take unpaid leave to attend proceedings in the Probate and Family Court related to parenting rights and duties. This includes matters such as divorce, paternity, custody, child support, parenting time, and any modifications or enforcement actions arising from those cases. The bill aims to ensure employees can participate in family court proceedings without risking job loss or retaliation, while allowing the use of accrued paid leave at the employee’s or employer’s discretion.

Key provisions and changes

  • Unpaid leave entitlement (Section 52F(a)): Employees may take unpaid leave when necessary to appear in Probate and Family Court for matters involving parental rights and duties (including divorce, paternity, custody/support, parenting time, and related modifications/enforcements).
  • Paid-leave substitution (Section 52F(b)): An employee may substitute accrued paid vacation, personal leave, or medical/sick leave for the unpaid leave provided under this section. Employers are not obligated to provide paid sick or medical leave in situations where they would not normally do so.
  • Intermittent or reduced leave (Section 52F(b)): Leave under this section may be taken intermittently or on a reduced leave schedule.
  • Notice requirements (Section 52F(c)): If the leave is foreseeable, the employee must give at least seven days’ notice before the leave begins. If not foreseeable, notice must be given as practicable.
  • Certification (Section 52F(d)): Employers may require certification of the need for leave in a manner/regulation designated by the attorney general.
  • Enforcement (Section 52F(e)): The attorney general enforces the section and may seek injunctive or declaratory relief. Violations are subject to the penalties specified in the relevant sections (second paragraph of §150 and §180).

Who is affected

  • Employees: Workers with matters before the Probate and Family Court relating to parenting rights/duties.
  • Employers: Massachusetts employers subject to Chapter 149 leave requirements; may designate or substitute paid leave if available.
  • Attorney General: Enforces compliance and may issue regulations regarding certification and other aspects.

Procedural and timeline aspects

  • Introduced: February 27, 2025.
  • Initial action: Referred to the Committee on Labor and Workforce Development.
  • Status updates:
    • Reported favorably by committee and referred to House Ways and Means (noted in September 2025).
    • Hearing scheduled: May 13, 2025 (11:00 AM–1:00 PM) in Committee Room B-1.
  • Related bill: HD 360 in the same session replaces this measure; similar prior-year matter filed as House No. 1936 (2023–2024).

Impact interpretation

  • The bill provides a formal framework for unpaid leave to attend Probate and Family Court proceedings, with optional use of accrued paid leave.
  • It balances employee access to necessary court appearances with employer discretion over paid leave provisions.
  • By grant of AG-regulated certification and enforcement, it establishes clear compliance expectations and remedies for violations.

Note on scope

The proposal explicitly states the leave is “unpaid” unless the employee elects to substitute accrued paid leave, and it does not expand paid leave beyond what an employer normally provides for similar circumstances.

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

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