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Massachusetts Employers Must Distribute Paid Leave Notice By May 31, 2019

As the Department of Family and Medical Leave (“DFML”) prepares to issue final regulations in coming months, the Commonwealth has begun posting a number of documents to assist employers and workers prepare for the new Paid Family and Medical Leave (“PMFL” Law), including summary guides of the PFML law (one directed at employers and one directed at workers) and a workplace poster that the Commonwealth will require employers to display in a conspicuous spot on their premises. As of Wednesday, April 17, the DFML has now also issued template notices for employers to provide to each Massachusetts employee and contractor, with a newly established deadline for distributing notice of May 31, 2019 (which is in less than two months). A few additional details bear noting:

  • The notice may be provided electronically or in paper form to all employees or contractors, if those individuals are employed or contracted on June 1, 2019 or later. Notice also must be given within 30 days of the first day of employment for new employees or within the first 30 days of the contract period for new contractors.

  • Although the employer need not use the DFML-issued template notice, the notice must include an opportunity for the employee or contractor to acknowledge receipt or decline to acknowledge receipt. If the individual refuses to acknowledge receipt, a covered business entity can nonetheless demonstrate fulfillment of the notice requirement by showing that it provided the entire workplace with the requisite notice.

  • The notice must also include the following elements:

    • An explanation of the available benefits;

    • Details regarding the employer and employee/contractor’s respective contribution amounts and obligations;

    • Employer’s mailing address and name;

    • Employer’s identification number as issued by the DFML;

    • Instructions on how to file for a claim of benefits;

    • The mailing and email addresses, as well as telephone number, of the DFML.

We encourage you to consult with counsel to ensure that you have complied with these notice requirements in advance of the new upcoming deadline of May 31, 2019.

© 2019 Proskauer Rose LLP.

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About this Author

Mark W Batten, Labor & Employment Attorney, Proskauer Law Firm
Partner

Mark Batten is a Partner in the Labor & Employment Law Department and co-head of the Class/Collective Action Group, resident in the Boston office.

Mark represents employers nationwide at all stages of complex employment litigation, including class and collective actions on wage and hour matters and discrimination claims. Ranked by Chambers USA, Mark is hailed as “a fabulous lawyer, handling interesting and complex cases.” Clients “highly recommend him to anyone seeking litigation counsel in the Boston area,” as well as note “he is...

617-526-9850
Samantha L. Regenbogen, Labor & Employment, Proskauer Law Firm
Associate

Samantha Regenbogen is a law clerk in the Labor & Employment Department. 

Samantha was a summer associate in Proskauer's New York Office, and was involved in drafting briefs and memorandums for both wage and hour class actions and single-plaintiff discrimination cases. Before joining Proskauer, Samantha was an intern with the Enforcement Unit of the Massachusetts Commission Against Discrimination, where she investigated complaints and drafted dispositions.

During her time at Harvard Law School, Samantha served as a board member of the Women's Law Association and was a cast member and artistic director of the HLS Parody.

617-526-9746
Thomas Fiascone Labor Employment Attorney
Associate

Thomas Fiascone is an associate in the Labor & Employment Law Department.

Tom earned his J.D. from Boston College Law School, where he was a senior editor and staff writer on the Boston College Law Review. During law school, Tom served as a judicial intern in the U.S. District Court for the District of Massachusetts and was a tutor in BC Law’s Academic Success Program.

Prior to law school, Tom was a paralegal in Proskauer’s Labor and Employment Law Department.

617.526.9753