Massachusetts Paid Household And Medical Go away: Solutions To Employers’ FAQs – Employment and HR
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Massachusetts Paid Family and Sick Leave: Answers to Frequently Asked Questions from Employers
November 24, 2020
Foley & Lardner
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Massachusetts employees are shortly entitled to up to 26 weeks of paid family and sick leave.
As explained in a recent one post OfficeMassachusetts Paid Family and Sick Leave Act (PFML) benefits will become available January 1, 2021. PFML provides paid leave to someone who is in a health crisis, connecting with a child, or caring for a sick relative. Benefits are paid to employees of the Massachusetts Department of Family and Medical Leave (the “Department”) unless an employer has been approved for an exemption from a private plan.
As the New Year approaches, Massachusetts employers have a number of questions about how PFML works. This post provides answers to some of the most frequently asked questions from employers.
- Can employers require employees to use Accrued Paid Time (“PTO”) prior to taking PFML leave?
No, an employer cannot force an employee to exercise health, vacation, or other power take-off rights prior to taking PFML vacation.
- How does an unlimited PTO policy interact with PFML?
Employers with unlimited PTO policies can specify in their policies that unlimited PTO cannot be used for a leave of absence. The unlimited PTO plan would therefore not affect the PFML vacation.
In addition, the first seven days of vacation are considered the initial waiting period under PFML, and benefits are not paid by the department. If an employer wants to compensate their employees for this seven-day waiting period, they can include this in their PFML policy. However, employers should refer to this payment as a “wage replacement benefit” or “fringe benefit” rather than referring to such a payment as using an unlimited PTO.
- Can employers require workers to complete PFML benefits before receiving additional employer-provided family, medical, or temporary disability benefits?
Yes, an employer may request that PFML Leave benefits run concurrently with any benefits or leave allowed under the employer’s temporary disability provisions or family / parental leave policy. Every PFML guideline should state this explicitly.
- Can employers offer family, medical, or temporary disability leave benefits in addition to PFML benefits?
Yes, employers can “charge” workers so that they receive better benefits than those who would be available at leisure through PFML. For example, PFML entitles an employee who combines up to 12 weeks vacation with a new child and a partial (50-80%) wage replacement. If an employer wishes to offer 18 weeks of vacation and full wage replacement, they can pay the employee additional wage replacement benefits in addition to PFML benefits for the first 12 weeks and then choose to pay the employee their full salary for the remainder six weeks after exhaustion the PFML benefits.
- Are new mothers entitled to medical and detention leave after giving birth?
Yes, an employee can take PFML leave during pregnancy or after delivery, which is immediately followed by PFML family leave. However, the request must be supported by documentation from a healthcare provider.
- Do employers need to allow employees to take PFML on a temporary or shortened vacation schedule?
The answer to this question depends on what type of vacation the employee is taking:
- PFML family vacation:
- An employee who has taken PFML family leave to bond with a child can only take temporary leave if the employer agrees to the schedule.
- An employee who has taken PFML family leave to care for a relative may take intermittent leave if a health care provider deems it medically necessary.
- An employee who has taken PFML family leave because of a qualified need related to active service to a family member may take intermittent leave.
- PFML Medical Leave
- An employee who has taken PFML leave because of his or her own severe health condition may take intermittent leave if there is medical need.
- What happens if an employee doesn’t return from PFML vacation?
Because employers are required to continue providing health insurance to workers during their PFML vacation, employers asked if they might need a non-return worker to reimburse the cost of health care provided during the vacation. This is currently neither expressly permitted nor prohibited by laws and regulations. Any employer who includes such a language in their PFML policy should be kept informed of changes to the PFML statute and regulations.
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It is important to note that the benefits will be available for the first time in January 2021 and that the department may grant additional powers. In the meantime, please contact your Foley & Lardner LLP Labor and Employment attorney for assistance with Massachusetts law or with paid family and sick leave requirements in each state in which you are employed.
The content of this article is intended to provide general guidance on the subject. A professional should be obtained about your particular circumstances.
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