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Procedure for Amending Regulations

Published:  January 10, 2019


Massachusetts employers have probably heard a great deal about the approaching Paid Family and Medical Leave law, but few employers know exactly how the law will be implemented. This is, in large part due to the fact that the state has not issued regulations elucidating the precise obligations and procedures for implementation of this new law.

Employers may not be aware that a large percentage of state law is defined, not by statute, but rather by state regulations. Regulations provide greater detail and definition to areas of a law that are not precisely defined.

Pursuant to Mass. General Law Chapter 30A, state agencies must follow a set procedure for adopting or amending regulations. With a few exceptions, this process usually starts by the issuance's of a Notice of Public Hearing or Public Comment. Prior to adopting a regulation, agencies must hold a public hearing or have a public comment period.

The Massachusetts Department of Family and Medical Leave are currently drafting the proposed regulations. The Executive Office of Labor and Workforce Development will be holding several listening sessions over the next few weeks on the topic of the regulation draft. The public is invited to attend and share comments on the potential adoption of these regulations.

Text of the draft regulation will be posted no later than January 23, 2019. This will provide us with the first insight into what the implementation of the new law will look like.

As always, if you have any questions about discrimination in the workplace or about any employment law related matters, please contact the attorneys at Royal, P.C.

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