MA PFML Clarification of Accrued Benefits
On September 13, 2024, the Massachusetts Supreme Judicial Court ruled that the Massachusetts Paid Family and Medical Leave Act (PFMLA) does not guarantee the accrual of benefits such as sick leave, vacation leave, or length-of-service credit during periods of paid family or medical leave. Instead, the law stipulates that upon returning from leave, employees should have benefits equivalent to those they had before taking leave. This means employers are only obligated to maintain existing benefits, without the need to provide additional benefits during the leave period.
Prior to this ruling, it was uncertain whether benefits would continue to accrue while an employee was on paid leave. The court clarified that employers are not required to continue accruing benefits like vacation or sick leave during PMFLA leave.
4 Key Takeaways
1. Benefit Accruals: Employers are not required to accrue benefits such as vacation and sick leave while an employee is on PFMLA leave. Instead, focus on restoring the employee’s benefit status to what it was prior to leaving.
2. Health Insurance: While accrual of benefits like vacation time is not mandatory, employers must maintain the employee’s health insurance coverage at the same level during their PFMLA leave, including continuing contributions to health benefits.
3. Job Restoration and Retaliation Protections: Employees have the right to return to their former job or an equivalent position after PFMLA leave.
4. Consistency with Other Leave Policies: Employers should review internal policies and collective bargaining agreements to ensure they align with this ruling.
It is extremely important for employers to understand these rules to ensure compliance in the workplace and prevent any future litigation.
If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
