Search form

Massachusetts Department of Family and Medical Leave Publishes Draft Paid Family Leave Regulations

By Jeffrey S. Brody, Matthew D. Freeman, Brian E. Lewis, Matthew C. Chambers and Keerthi Sugumaran
  • April 2, 2019

The Massachusetts Department of Family and Medical Leave has published updated draft regulations implementing the Massachusetts Paid Family and Medical Leave Law (PFMLA) that, in many respects, substantially change or add to the initial draft regulations published in January 2019.

(For more on the January draft, see our article, Massachusetts Releases Draft Regulations, Contribution Rates for State Paid Family and Medical Leave.)

Compared to the January draft regulations, the updated regulations, released on March 29, 2019:

  • Provide more detailed information as to when out-of-state employers and out-of-state individuals working in Massachusetts are covered under the PFMLA.
  • Provide more specific information about how the Department will grant exemptions to the PFMLA for employers’ “private plans.” If an employer has an approved “private plan,” it will not be required to make contributions to the Trust Fund, which will fund the PFMLA. These contributions are required to begin on July 1, 2019. (See our article, Massachusetts Releases Paid Family and Medical Leave Employer Guide, Workplace Poster.)
  • Clarify how an employee can use available paid time off without “stacking” the time with leave under the PFMLA. An employee may use an employer’s own accrued paid leave benefits, rather than applying for paid leave from the Department. The draft regulations state that the use of employer-provided paid leave will not extend the total amount of paid leave available to employees under the PFMLA.
  • Address the ability for employees to take intermittent or reduced schedule leave, if available, under the PFMLA.

The draft regulations are worth a close reading for these and other topics of concern.

With the official publication of these draft regulations, the Department has invited the public to comment on the regulations. In addition, the Department has indicated that it will hold at least two public hearings on the draft regulations in May 2019.

Jackson Lewis will continue to monitor and report on developments. Stay tuned for our complimentary webinar on the updated PFMLA regulations. For additional information and guidance on the PFMLA, or assistance in submitting comments, please contact Jackson Lewis.

©2019 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

See AllRelated Articles You May Like

June 17, 2019

Massachusetts Officially Amends Paid Family Leave Law; Announces Other Changes

June 17, 2019

After announcing an agreement to delay the start of contributions under the Massachusetts Paid Family and Medical Leave Act (PFMLA), the legislature passed a bill amending the law that the Governor subsequently signed and enacted on June 13, 2019. As announced, PFMLA contributions will begin on October 1, 2019, rather than July 1, 2019... Read More

June 14, 2019

District of Columbia Marks Start of July with Paid Family Leave Taxes

June 14, 2019

Starting on July 1, 2019, the District of Columbia will begin collecting taxes from most of the District’s private sector employers and non-profit organizations to fund a new Paid Family Leave (PFL) benefit. This tax will equate to 0.62% (0.0062) of all quarterly wages for each employee who is also covered under the D.C. Unemployment... Read More

June 13, 2019

New Maine Law Requires Employers to Provide Employees Paid Leave to Use for ‘Any Reason’

June 13, 2019

Maine Governor Janet Mills has signed into law “An Act Authorizing Earned Employee Leave,” the first law in the nation to allow employees to use mandated paid leave for any reason. The new law, signed on May 28, will take effect on January 1, 2021. Approximately 85 percent of Maine’s private sector employees will receive paid leave under... Read More