|Update Applicable to:
|All employers with covered individuals performing work in the state of Massachusetts
|See details below
On January 10, 2024, the Massachusetts Department of Family and Medical Leave (DFML) issued a more friendly guidance regarding Paid Family and Medical Leave (PFML).
What are the details?
The DFML updates the FAQs to make it more employer-friendly and clearer on how the use and accrual of employer-provided paid leave to top up PFML benefits is subject to the terms and conditions of the employer’s policy.
The updated FAQs makes clear that employees may use accrued sick time, vacation pay or other paid leave provided under an employer policy to top off PFML benefits up to their IAWW, subject to the accrual and use rules of an employer’s paid time off policies, so long as the employer’s paid time off policy does not discriminate against an employee for exercising a right to which such employee is entitled to under the PFML program.
This change was effective on November 1, 2023, and according to the department, only applications that were filed on or after November 1, 2023, are eligible for their top offs; previous applications will not be eligible.
- With the updated guidance, you can now create or update your policy to apply terms and conditions on whether and how employees can use paid time under the policy to top off PFML benefits.
- Massachusetts Revises Paid Family and Medical Leave Guidance to Provide More Discretion to Employers (Littler Mendelson P.C.)
- Massachusetts PFML Update: DFML Releases 2024 Poster, Updated Employee Notices and Contributions (VensureHR)
- Massachusetts Department of Paid Family and Medical Leave Revises Guidance on Topping Off Benefits with Accrued Paid Leave (Ogletree Deakins)
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