July 22, 2019

July 22, 2019

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Breaking News: Massachusetts Paid Family and Medical Leave Law – Workforce Notice Requirements and Private Plan Exemptions Deadlines Extended

On May 1, 2019, the Massachusetts Department of Family and Medical Leave (the “Department”) issued guidance (the “May 1 Guidance”) extending two key deadlines applicable to the Massachusetts Paid Family and Medical Leave Law (MAPMFL).

Employee Notice Deadline Extended to June 30, 2019

The deadline for employers to provide the MAPFML notice to its workforce has been extended from May 31 to June 30, 2019.  As a reminder, employers and covered business entities must notify their workforces of MAPFML and obtain an acknowledgment of receipt of notice or a statement indicating the employee’s or 1099-MISC worker’s refusal to acknowledge the notice (note, this acknowledgement can be obtained in electronic form). Moving forward, employers and covered business entities must provide notice to employees within 30 days of the start of employment and upon entering into a contract for services with a 1099-MISC worker.  Sample notices and translations issued by the Department can be found here.

Exemption Request Deadline for Q1 2019 Extended to September 30, 2019

Employers who seek to satisfy MAPFL requirements through a private plan must meet several substantive and procedural requirements, including filing for an exemption with the Department.  The May 1 Guidance extends the exemption application deadline for Quarter 1, 2019 (i.e. July 1 to September 30, 2019) from June 30 to September 20.  If an application is made but ultimately not approved, the employer will remain responsible for the Q1 2019 payments.  For subsequent quarters, the Department will continue to accept applications on a rolling basis but applications must be approved prospectively in the quarter prior to the quarter in which they go into effect.  Private plan exemptions are valid for one year and may be renewed annually.

For More Information

For an in-depth discussion of the requirements of MAPFML and draft regulations, please see our earlier posts (linked here and here). We will continue to keep you informed of the MAPFML as it develops. 

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About this Author

Patricia Moran, Employment, Attorney, Mintz Levin, Law firm
Of Counsel

Patricia counsels clients on a variety of employee benefits and compensation matters. Notably, Patricia represents clients in a board variety of health and welfare plan matters, including the Affordable Care Act’s employer and insurance mandates, the Massachusetts “Fair Share” employer mandate, COBRA, HIPAA, wellness, and mental health parity. Patricia has represented clients in multiple audits and examinations initiated by government agencies with respect to health and welfare plan matters, including the Massachusetts Department of Unemployment Assistance (relating to Massachusetts...

617-348-3085
Emma Follansbee attorney MintzLevin
Attorney

Emma counsels clients on a range of employment and labor matters, including compliance with federal, state, and local laws, disciplinary investigations, and litigation.

Emma was a Summer Associate at Mintz Levin in 2016. During law school, she had a summer internship with the Massachusetts Access to Justice Commission. Prior to attending law school, she worked as a Project Analyst at Mintz Levin for two years.

In law school, Emma was senior staff editor of the Environmental Affairs Law Review. She is fluent in French.

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