Massachusetts Paid Household and Medical Go away and Advantages Obtainable to Workers on January 1 | Morgan Lewis

Effective January 1, 2021, Massachusetts employees are entitled to up to 26 weeks of paid vacation per year under the new Massachusetts Paid Family and Sick Leave Act (MPFML). Employees can take paid vacation for their own serious health problem, bond with a child, manage family matters while a family member is on active duty, and care for a family member who is an insured service member. In July, they can take paid leave to care for a family member in severe health.

As 2021 approaches rapidly, employers should take immediate action to ensure they are compliant with the MPRML, including implementing vacation policies, updating manuals and filing requests for exemption from private plans.

EXIT MPFML AND BENEFITS

The MPFML is both a benefit act and a vacation act as it provides paid vacation and occupational health and safety to employees while on vacation. The length of vacation available depends on the legitimate reason for the vacation:

• Up to 20 weeks of vacation to treat an employee’s serious illness;
• Up to 12 weeks of vacation from a parent or legal guardian to bond with a child after the child is born, adopted, or cared for;
• From July 1, 2021 up to 12 weeks for the care of a family member in severe health;
• Up to 12 weeks to manage any requests that occur immediately after a family member is provisioned or notification of an upcoming provisioning. and
• Up to 26 weeks for caring for a family member currently serving in the Armed Forces, including the National Guard and the Reserves.

According to the law, a “family member” is a spouse, domestic partner, child, parent, grandchild, grandparent or sibling. the parent of a spouse or domestic partner; and guardian of the employee. Serious conditions include pregnancy, chronic conditions, long-term conditions that require ongoing treatment, and other conditions that require multiple treatments. Employees are expected to give at least 30 days notice of their vacation needs. However, if a vacation is not foreseeable, employees must notify this as soon as possible.

In certain circumstances, employees must wait seven days before receiving paid vacation. This waiting period applies to every request for paid leave, with the exception of medical leave during pregnancy or recovery after childbirth, provided that the records of a health care provider show that the medical leave is immediately followed by family leave. In this case, no waiting time is required.

An employee can take various types of paid vacation during a performance year, but the maximum vacation time an employee can take is 26 weeks in a performance year. A “performance year” is a continuous period of 52 weeks beginning on the Sunday before the employee’s vacation begins. This performance year can differ from that according to the Federal Law on Family and Sick Leave (FMLA). Employers should note that they must notify changes in advance if they wish to adjust the calculation of their FMLA performance year to the MPFML.

Employees can take temporary or reduced leave under certain circumstances. A temporary vacation must be medically necessary for employees who take vacation for health reasons. For employees who take vacation to bond with a child, temporary vacation requires mutual agreement between the employee and the employer.

The benefit amount is based on an employee’s average weekly wage, and in 2021 the maximum MPFML benefit amount is $ 850 per week. The State Department of Family and Medical Leave will reassess average weekly wage and MPFML benefits every October. Vacation benefits are financed through contributions from employees and employers. Employers are responsible for collecting and paying contributions on behalf of their employees, and a government-controlled trust fund holds the funds unless the employer is granted an exemption for private plans (see below).

JOB PROTECTION AND RETALIATION

The MPFML contains strict provisions to protect jobs and to combat retaliation. After the leave, employees must be reassigned to positions with the same status, salary, benefits, benefits, length of service and seniority. MPFML Protected Leave cannot affect employees’ rights to vacation time, sick leave, bonuses, or promotion. However, periods of MPFML-protected leave need not be treated as working time in order to receive or transfer benefits. During vacation periods, employers and employees should continue to make their typical contributions to employee health insurance premiums.

Because MPFML creates sheltered leave, employers must not discriminate against or hit back employees for exercising their vacation rights. Employees can bring legal claims against employers for discrimination or retaliation under the law. In particular, the MPFML establishes a presumption of retaliation for any “negative change” that occurs within six months of an employee returning from vacation. A negative change includes any change in seniority, status, benefits, pay, or any other length or condition of employment. According to the regulations, a negative change does not include minor changes or minor inconveniences.

Exemption from private plans

Instead of adding to the MPFML trust, employers can apply for an exemption when offering vacation through a private plan. Employers can file exemptions for MassTaxConnect from the Treasury Department. Exceptions will only be approved if the services provided are greater than or equal to those of the MPFML and the costs for the employees do not exceed the costs of the MPFML. Employers can self-insure for MPFML benefits or provide a plan from an insurer. The Ministry of Insurance maintains an updated list of MPFML insurance plans that meet the standards of the Ministry of Family and Sick Leave. Employers who have not yet applied for an exemption but plan to do so must apply for an exemption by the end of the year.

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