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July 03, 2020

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July 02, 2020

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July 01, 2020

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

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 P.C. © 2020National Law Review, Volume IX, Number 99

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About this Author

Jeffrey S. Brody, Jackson Lewis, employee discipline attorney, disability management lawyer
Principal

Jeffrey S. Brody is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He exclusively represents management in workplace law, including counseling and litigation. Mr. Brody routinely advises clients regarding day-to-day employment issues, such as employee discipline and discharge, disability management issues, reductions in force, and restrictive covenants. He also regularly conducts training programs for employers on a variety of employment-related topics, such as performance management, sexual harassment awareness, and disability...

(617) 367-0025
Matthew D. Freeman, Jackson Lewis, Boston, absence issues lawyer, wage hour litigation attorney
Principal

Matthew D. Freeman is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He routinely advises clients regarding compliance with state and federal labor and employment laws, including those related to employee discipline and discharge, disability management and leave of absence issues, wage and hour issues, and reductions in force.

Mr. Freeman also regularly advises clients regarding traditional labor law issues, including employer rights and obligations under collective bargaining agreements and the National Labor Relations Act. He has defended employers in litigation in state and federal courts, including wage and hour class action litigation and litigation under the Employee Retirement Income Security Act, and has represented employers in administrative proceedings before the Equal Employment Opportunity Commission, the Massachusetts Commission Against Discrimination, and the Maine Human Rights Commission. Mr. Freeman has also represented employers in arbitration and in proceedings before the National Labor Relations Board.

(617) 367-0025
Brian E. Lewis, Jackson Lewis, disability management issues lawyer, restrictive covenants attorney
Principal

Brian E. Lewis is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He exclusively represents management in all facets of workplace law.

Mr. Lewis routinely advises clients regarding day-to-day employment issues, such as employee discipline and discharge, disability management issues, proper payment of wages, reductions in force, and restrictive covenants. Mr. Lewis also has experience in representing clients on traditional labor law issues, and has appeared before the National Labor Relations Board. He...

617-367-0025