May 21, 2019

May 21, 2019

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May 20, 2019

Subscribe to Latest Legal News and Analysis

Massachusetts Releases Paid Family and Medical Leave Employee Template Notices

The Massachusetts Department of Family and Medical Leave (DFML) has released template notices employers may use to fulfill the notice requirement to employees and 1099-MISC independent contractors under the Massachusetts Paid Family and Medical Leave Act (PFMLA), G.L. c. 175M. Employers must provide a notice to their current workforce by May 31, 2019.

The notice must cover the benefits, contribution rates, and other protections available under the PFMLA. The notice also includes an acknowledgment, which must be signed by employees and contract workers and retained by the employer.

The DFML’s notice templates contain fields that the employer must complete. These fields include the employer’s name and address, the contribution rates and intended deductions, and whether the employer will utilize the private plan exemption.

Employers who currently offer or are planning to offer a private benefit that meets the minimum standards of the PFMLA may apply for an exemption from the PFMLA beginning April 29, 2019.

Employers choosing to create their own notices, rather than use the templates provided by the state, must ensure the notices include the following sections:

  • An explanation of the availability of family and medical leave benefits

  • The employee’s contribution amount and obligations

  • The employer’s contribution amount and obligations

  • The employer’s name and address and the identification number assigned by the DFML

  • Instructions on how to file for a claim for family and medical benefits

  • The address, email address, and telephone number of the DFML

The notice provided to 1099-MISC contractors differs slightly from the one provided to employees, such as requiring an explanation of how the worker can obtain coverage as a self-employed individual and the contribution obligations they would assume if they choose to obtain such coverage.

Employers may provide the notice to employees and contractors electronically and receive the acknowledgments of receipt electronically as well. Employees’ acknowledgments of receipt should be placed in the employees’ files. If an employee fails to return the acknowledgment, the employer still fulfills its notice obligation if it can establish it provided the notice and an opportunity to acknowledge or decline to acknowledge receipt of the notice to each member of its current workforce.

Employers must provide notice to new employees within 30 days of employment and to contractors when entering into a contract for services.

Jackson Lewis P.C. © 2019

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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
Matthew C. Chambers Labor and Employment Lawyer Jackson Lewis Law Firm
Associate

Matthew C. Chambers is an Associate in the Boston, Massachusetts, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

617-367-0025
Associate

Keerthi Sugumaran is an Associate in the Boston, Massachusetts, office of Jackson Lewis P.C. Her practice focuses on representing and defending employers in workplace legal issues, including preventive advice and counsel.

Prior to joining Jackson Lewis, Ms. Sugumaran worked at a Boston law firm for over four years as a general litigator. During this time, she represented employers in front of the MCAD, EEOC, state and federal courts. Ms. Sugumaran also participated in a six-month secondment, working in-house for a private...

617-305-1216