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Important Change to Massachusetts Paid Family and Medical Leave (PFML) Law

26 Oct


Update Applicable to:

All employers with covered individuals performing work in the state of Massachusetts.

What happened?

An amendment has been introduced that makes a notable change to the Massachusetts Paid Family and Medical Leave (PFML) law by allowing employees to supplement benefits received with any available accrued paid leave.

What are the details?

Reminder: W-2 employees are always covered individuals. 1099-MISC contractors are only covered individuals if they made up more than 50% of your workforce and meet certain criteria. If your business is new to PFML, you must calculate your total workforce for PFML contributions based on the covered individuals employed in the previous calendar year. After the first year you are registered for PFML contributions, the Department of Revenue determines your workforce count. 

According to the amendment, the changes will take effect on November 1, 2023 for claims filed on or after that date. The bill was signed by the Governor on 10/17/2023 (Bill Page).

Effective November 1, 2023, employees who take PFML will be able to supplement any accrued sick, vacation or other paid leave provided under an employer policy, including, but not limited to, any leave provided under a collective bargaining agreement.

Employers can offer PFML through a private plan, which previously had the option to allow employees to supplement private plan benefits with accrued paid leave. Now that the bill has been signed into law, these employers will be required to provide employees with this option.

For more information, please see the links below:

Law Firm articles: Article 1, Article 2

PFML pages: PFML FAQ, Employer FAQ

Bill H. 4053 – View Text

Press Release MA FY 2024

PFML Section 3 (the amendment applies to this section)

What do employers need to do?

Employers should review the above resources and references for further information and be prepared to comply with the law effective November 1st. Employers seeking further guidance should consult their employment attorney. 

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Massachusetts PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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