October 21, 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 Moran is an experienced employee benefits attorney who advises clients on a broad variety of employee benefit plan matters, including:

  • Health and welfare matters, including the Affordable Care Act, fringe benefits, cafeteria plans, COBRA, wellness, mental health parity, on-site clinics, health savings accounts, and telemedicine.
  • Retirement plan matters, including nondiscrimination testing, plan document design, service provider contract review and negotiation, and correction of errors.
  • ...
617-348-3085
Emma Follansbee attorney MintzLevin Employment Counseling and Training, Employment Litigation & Arbitration, Discrimination & Harassment, Employee Mobility & Trade Secrets
Associate

Emma counsels clients on a wide variety of employment issues and litigates employment disputes before state and federal courts and administrative agencies. Her litigation practice includes restrictive covenant agreements; discrimination, sexual harassment, and retaliation claims; and wage and hour compliance.

Emma regularly advises clients on compliance with federal, state, and local laws, including changes in Massachusetts non-compete laws and leave entitlements. Her practice also encompasses assisting clients with terminations and reductions in force, WARN notifications, workplace investigations, employee classifications, and employee handbooks and policies. She is a regular contributor to the employment group’s blog, covering topics such as the Massachusetts Paid Family and Medical Leave Act and Parental Leave compliance.

617-348-4732