Massachusetts Paid Household and Medical Depart Steerage

By Last updated Feb 23, 2021

Monday, February 22, 2021

As previously reported, the Massachusetts Department of Family and Medical Leave (“DFML” or the “Department”) continues to provide guidance for the implementation of the state’s Paid Family and Sick Leave Program (“PFML” or the “Act”). the eligible employees grant partial income replacement benefits for qualified reasons. As a reminder, from January 1, 2021, employees can receive paid payments family holiday to: (i) attachment to a newborn, newly adopted child or foster child; (ii) administer family affairs for a family member who is on active military service abroad; and (iii) caring for a family member who is a Covered Service Member. Employees can also be paid from January 1, 2021 medical vacation treat a personal illness or serious injury that renders them unable to work. Finally, starting July 1, 2021, all PFML benefits will be available, including family leave to care for a family member in severe health.

Interaction with other benefits

We also previously reported that according to the DFML Frequently Asked Questions page, workers cannot “top up” PFML benefits by using their employer-provided paid time off (“PTO”) (even though an employer has a private Paid Leave Exemption) Benefits equal to or more generous than those granted under the PFML may allow workers to add accrued paid leave to the amount of the private plan exemption. Based on the latest DFML findings on the gradual publication of PFML guidelines, as well as conversations with DFML representatives on the department’s hotline, this rule seems to have a few nuances, namely:

PFML benefits are granted at the same time as the employer-provided PTO, vacation, or sick leave. For example, an employee may take a sick day under the employer-provided sick leave policy, but that sick day counts toward the employee’s entitlement to PFML benefits for that day (i.e., reducing the total PFML days available by one day). in situations where the reason for the sick day could also be considered for PFML benefits.
In cases where an Eligible Employee is receiving benefits under an Employer Provided Short Term Disability Plan (“STD”) or Paid Parental Leave Policy and the plan or policy provides for it to be performed concurrently with PFML, it is the Employee Be eligible for PFML benefits and then receive a top-up from the employer’s STD plan or paid parental leave benefit. For example, an eligible employee on parental leave who typically earns $ 1,200 per week is entitled to the current DFML maximum PFML benefit of $ 850 per week. The employee would then be entitled to up to $ 350 paid out of the employer’s paid parental leave, giving them a total weekly benefit of the employee’s regular weekly wage, i.e. $ 1,200. Note, however, that DFML payments will be reduced accordingly if payments under an employer-provided STD and paid parental leave benefits exceed the employee’s average weekly salary.

Insured employers who participate in the government plan and offer their own STD benefits and / or paid family and / or sick leave programs may be entitled to reimbursement of payments from the employer to employees provided that the employer’s benefit is equal to or greater than that what the employee would be entitled to under the PFML. To be eligible for reimbursement, employer-provided STD and / or paid family and / or sick leave plans must be self-insured. (See Refund Policy). Employers are not reimbursed for payments from a third party insurer. In addition, DFML will not reimburse an employer if the department has sent payments directly to the employee for the period specified on the employer’s reimbursement request. Finally, payments to employees for time earned or accrued (e.g. PTO, sick leave and vacation time) or under an exemption from a private plan cannot be reimbursed.

Temporary vacation

DFML also issued new guidelines for temporary vacation and vacation due to personal illness or serious injury, caring for a family member, or caring for an insured service member with a serious illness or injury. From January 1, 2021, employers can set minimum vacation steps of between 15 minutes and one hour. The one-hour upper limit corresponds to the temporary increases in leave permitted under the Federal Law on Family and Sick Leave. If the employer does not specify a minimum increment, the DFML uses the minimum increment standard of 15 minutes by default. In particular, the department pays only for temporary or reduced vacation entitlements if the increase is at least 15 minutes and the employee has accumulated eight hours of vacation. In addition, the employee must inform his employer of the intended vacation within 30 calendar days of the date of the application to the DFML.

Finally, employees and employers must agree to such a regulation and an appropriate schedule so that child-related leave can be taken in a temporary or shortened vacation schedule.

We understand that more guidelines will follow. We will continue to monitor the PFML guidelines and will provide updates on any other significant changes or refinements to the PFML program.

This post includes contributions by Cynthia J. Park.