Massachusetts PFML Replace: Workers Might Start To Use Paid Household Go away To Care For A Household Member On July 1, 2021 – Employment and HR

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Massachusetts PFML Update: Employees can take paid family vacation to care for a family member starting July 1, 2021

July 02, 2021

Seyfarth Shaw LLP

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Seyfarth Synopsis:
Massachusetts launched its Paid Family and Sick Leave (PFML) benefits in two phases, with most benefits available from January 1, 2021. However, paid vacation benefits to care for a family member in serious health were not available until the available week, effective July 1, 2021.

On July 1, 2021, all eligible Massachusetts employees have paid family leave to care for a critically ill family member. Employees are entitled to up to 12 weeks vacation to care for a seriously ill family member.

The Department of Family and Medical Leave (DFML) has clarified that employees are entitled to 12 weeks of vacation starting July 1, regardless of any leave taken before July 1, 2021 to care for a family member. Therefore, taking early leave to care for a family member under another non-PFML program does not reduce a worker’s 12 week allotment under the PFML Act to care for a family member with a serious health condition. However, if an employee took family leave due to attachment to a child and / or family leave to care for family members in active service between January 1 and June 30, 2021, and that family leave qualifies under the MA PFML Act , this vacation will reduce the employee’s PFML family vacation quota. As a reminder, employees cannot exceed a total of 26 weeks of PFML vacation in any performance year.

The DFML provided the following examples:

• In 2021, if an employee were to take 8 weeks of family vacation to bond with their child, they would have only 4 weeks of family vacation to care for a family member in serious health.
• If the employee were to take 20 weeks of sick leave in 2021, they would have only 6 weeks of leave to care for a family member in serious health.

DFML has also provided the following non-exhaustive list of examples of using family paid leave to care for a family member:

• Provision of daily living needs that the family member cannot meet due to their serious health condition, e.g. B. help with getting dressed or eating;
• Transport of the family member to the doctor or other facilities for appointments and treatments;
• Support in the case of serious mental illnesses in the family member, such as B. taking along to therapy or medication appointments for severe depression;
• Support in organizing changes in care, such as B. a move to a nursing home.

Workers requesting family leave to care for a family member must provide a certificate of serious health of their family member, which is available here: DFML Certification Form for Serious Family Member Health Issues. Employers can review an employee’s vacation request and challenge family relationships if there is reason to believe the information is inaccurate.

As a reminder, for the purposes of the PFML Act, family members include:

• A spouse or domestic partner;
• Children (biological, adopted, foster children, by legal guardianship or loco parentis and / or stepchildren);
• Parents (biological, adopted, foster parents, by legal guardianship or loco parentis and / or stepparents);
• The parents of a spouse or partner;
• Grandchildren (biological, adopted, foster children, through legal guardianship or loco parentis and / or stepchildren);
• Grandparents (biological, adopted, foster parents, by guardianship or loco parentis and / or step-grandparents); and
• Siblings (biological and / or adopted).

The family member’s place of residence has no influence on the employee’s entitlement to benefits.

We will continue to keep you informed of any developments related to the PFML Act. If you have any questions, please contact one of the authors or your Seyfarth lawyer.

The content of this article is intended to provide general guidance on the subject. You should seek expert advice regarding your specific circumstances.

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