Mass. General Laws c.175M § 1

Definitions

Updates

Amended by St.2023, c.77, §§ 35-37, effective December 4, 2023

Section 1

For the purposes of this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:--

“Average weekly wage”, shall have the same meaning as provided in subsection (w) of section 1 of chapter 151A; provided, however, that “average weekly wage” shall be calculated using earnings from the base period, as that term is defined in subsection (a) of said section 1 of said chapter 151A; and provided further, that in the case of a self-employed individual, “average weekly wage” shall mean one twenty-sixth of the total earnings of the self-employed individual from the 2 highest quarters of the 12 months preceding such individual's application for benefits under this chapter.

“Benefit year”, the period of 52 consecutive weeks beginning on the Sunday immediately preceding the first day that job-protected leave under this chapter commences for the covered individual.

“Child”, a biological, adopted or foster child, a stepchild or legal ward, a child to whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor child.

“Contributions”, the payments made by an employer, a covered business entity, an employee or a self-employed individual to the Family and Employment Security Trust Fund, as required by this chapter.

“Covered business entity”, a business or trade that contracts with self-employed individuals for services and is required to report the payment for services to such individuals on IRS Form 1099-MISC for more than 50 per cent of its workforce.

“Covered contract worker”, a self-employed individual for whom an employer or covered business entity is: (i) required to report payment for services on IRS Form 1099-MISC; and (ii) required to remit contributions to the Family and Employment Security Trust Fund pursuant to section 6.

“Covered individual”, either: (i) an employee who meets the financial eligibility requirements of subsection (a) of section 24 of chapter 151A; provided, however, that all such employment shall have been with an employer in the commonwealth; (ii) a personal care attendant, as defined in section 70 of chapter 118E, whose wages from working as a personal care attendant meet the financial eligibility requirements of said subsection (a) of said section 24 of said chapter 151A or a consumer directed care worker, as defined in section 4E of chapter 19A; (iii) a family child care provider, as defined in subsection (a) of section 17 of chapter 15D, whose payments from working as a family child care provider meet the financial eligibility requirements of said subsection (a) of said section 24 of said chapter 151A; (iv) a self-employed individual: (A) who has elected coverage under subsection (j) of section 2; and (B) whose reported earnings to the department of revenue from self-employment meet the financial eligibility requirements of said subsection (a) of said section 24 of said chapter 151A as if the individual were an employee; (v) a covered contract worker: (A) for whom at least 1 employer or covered business entity is required to remit contributions to the Family and Employment Security Trust Fund pursuant to section 6; and (B) whose payments from such employer or covered business entity satisfy the financial eligibility requirements of said subsection (a) of said section 24 of said chapter 151A as if the covered contract worker were an employee; or (vi) a former employee who has: (A) met the financial eligibility requirements of said subsection (a) of said section 24 of said chapter 151A at the time of the former employee’s separation from employment; provided, however, that all such employment shall have been with an employer in the commonwealth; and (B) been separated from employment for not more than 26 weeks at the start of the former employee’s family or medical leave.

“Covered servicemember”, either: (i) a member of the Armed Forces, as defined in section 7 of chapter 4, including a member of the National Guard or Reserves, who is (A) undergoing medical treatment, recuperation or therapy; (B) otherwise in outpatient status; or (C) is otherwise on the temporary disability retired list for a serious injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces, or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces; or (ii) a former member of the Armed Forces, including a former member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy for a serious injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces, or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces and manifested before or after the member was discharged or released from service.

“Department”, the department of family and medical leave established in section 8.

“Director”, the director of the department of family and medical leave.

“Domestic partner”, a person not less than 18 years of age who: (i) is dependent upon the covered individual for support as shown by either unilateral dependence or mutual interdependence that is evidenced by a nexus of factors including, but not limited to: (A) common ownership of real or personal property; (B) common householding; (C) children in common; (D) signs of intent to marry; (E) shared budgeting; and (F) the length of the personal relationship with the covered individual; or (ii) has registered as the domestic partner of the covered individual with any registry of domestic partnerships maintained by the employer of either party, or in any state, county, city, town or village in the United States.

“Employee”, shall have the same meaning as provided in clause (h) of section 1 of chapter 151A; provided, however, that notwithstanding said clause (h) or any other special or general law to the contrary and solely for the purposes of section 6 and the notice provisions set forth in subsections (a) and (b) of section 4, “employee” shall include (i) a personal care attendant, as defined in section 70 of chapter 118E; (ii) a family child care provider, as defined in subsection (a) of section 17 of chapter 15D; and (iii) a consumer directed care worker, as defined in section 4E of chapter 19A.

“Employer”, shall have the same meaning as provided in subsection (i) of section 1 of chapter 151A; provided, however, that an individual employer shall be determined by the Federal Employer Identification Number; provided further, that, notwithstanding any general or special law to the contrary, the PCA quality home care workforce council established in section 71 of chapter 118E shall be the employer of personal care attendants, as defined in section 70 of said chapter 118E, solely for the purposes of section 6 and consumers, as defined in said section 70 of said chapter 118E, shall be considered the employers of personal care attendants solely for the purposes of the notice requirements set forth in subsections (a) and (b) of section 4 and subsection (d) of section 8; provided further, that, notwithstanding any general or special law to the contrary, the department of early education and care shall be the employer of family child care providers, as defined in subsection (a) of section 17 of chapter 15D, solely for the purposes of section 6 and the notice provisions set forth in subsections (a) and (b) of section 4 and subsection (d) of section 8; provided further, that, notwithstanding any general or special law to the contrary, the CDC workforce council established in section 4F of chapter 19A shall be the employer of consumer directed care workers, as defined in section 4E of chapter 19A, solely for the purposes of section 6 and consumers, as defined in section 4E of chapter 19A, shall be considered the employers of consumer directed care workers solely for the purposes of the notice requirements set forth in subsections (a) and (b) of section 4 and subsection (d) of section 8; provided further, that any employer not subject to this chapter may become a covered employer under this chapter by notifying the department of family and medical leave and completing the procedure established by the department; and provided further, that a municipality, district, political subdivision or its instrumentalities shall not be subject to this chapter unless it adopts this chapter under section 10.

“Employment”, shall have the same meaning as provided by clause (k) of section 1 of chapter 151A.

“Employment benefits”, all benefits provided or made available to employees by an employer, including, but not limited to, group life insurance, health insurance, disability insurance, sick leave, annual or vacation leave, educational benefits and pensions.

“Family leave”, leave taken pursuant to paragraph (1) of subsection (a) of section 2 or pursuant to subsection (b) of said section 2.

“Family leave benefits”, wage replacement paid pursuant to section 3 and provided in accordance with section 2 to a covered individual while the covered individual is on family leave.

“Family member”, the spouse, domestic partner, child, parent or parent of a spouse or domestic partner of the covered individual; a person who stood in loco parentis to the covered individual when the covered individual was a minor child; or a grandchild, grandparent or sibling of the covered individual.

“Health care provider”, an individual licensed to practice medicine, surgery, dentistry, chiropractic, podiatry, midwifery or osteopathy or any other individual determined by the department to be capable of providing health care services.

“Medical leave”, leave taken pursuant to paragraph (2) of subsection (a) of section 2.

“Medical leave benefits”, wage replacement paid pursuant to section 3 and provided in accordance with section 2 to a covered individual while the covered individual is on medical leave.

“Qualifying exigency”, a need arising out of a covered individual's family member's active duty service or notice of an impending call or order to active duty in the Armed Forces, including, but not limited to, providing for the care or other needs of the military member's child or other family member, making financial or legal arrangements for the military member, attending counseling, attending military events or ceremonies, spending time with the military member during a rest and recuperation leave or following return from deployment or making arrangements following the death of the military member.

“Self-employed individual”, a sole proprietor, member of a limited liability company or limited liability partnership or an individual whose net profit or loss from a business is required to be reported to the department of revenue; provided, however, that such individual resides in the commonwealth.

“Serious health condition”, an illness, injury, impairment or physical or mental condition that involves (i) inpatient care in a hospital, hospice or residential medical facility; or (ii) continuing treatment by a health care provider.

“State average weekly wage”, the average weekly wage in the commonwealth as calculated under subsection (a) of section 29 of chapter 151A and determined by the commissioner of unemployment assistance.

“Trust fund”, the Family and Employment Security Trust Fund established in section 7.

“Wages”, shall have the same meaning as provided in clause (s) of section 1 of chapter 151A.

“Weekly benefit amount”, the amount of wage replacement paid to a covered individual on a weekly basis while the covered individual is on family or medical leave, as provided in section 3.

Last updated:	November 10, 2020