Massachusetts

The Massachusetts’ Paid Family and Medical Leave (PFML) has been live since January 1, 2021.

Massachusetts Paid Family Medical Leave (PFML)

What is the Update?

Effective January 2022, the benefit rate for MA PFML increased from $850 per week to $1,084.31 per week and the contribution rate decreased from .75% to .68%. If you have 25 or more MA employees, you are responsible for making employer contributions. If you have fewer than 25 covered MA employees, you do not need to make employer contributions.

Note: employees cannot supplement the PFML benefit with sick or vacation/PTO pay.  If the state is aware that an employee is receiving sick/vacation/PTO, the employee is not able to receive any PFML benefits at the same time. It was expected that the law would be updated, so that employees could supplement PFML benefits with “any accrued sick or vacation pay or other paid leave provided under an employer policy”.  However, this update to the legislation has been delayed. We will continue to monitor the situation and update our clients if the law is amended.

Presently, it remains the case that employees can’t supplement MA PFML with PTO and other accrued leave. Employees, can, however, use PTO and other accrued leave during the unpaid PFML waiting period.   

Employers cannot require employees to use sick/vacation/PTO, during the waiting period. 

 

Handbook/Policy Updates

Larkin recommends (though it’s not legally required) to update your handbook. 

Notice Requirements

In MA, there is a required notice (see “Notifying Massachusetts W-2 employees” at the below link) that must be provided to new hires (including contractors) within 30 days of employment.  Signed acknowledgement of receipt or refusal from the employee must be retained. There is also a separate poster, that must be displayed in your workplace (see “Workplace poster” at the same link below).

2022 Workplace Notifications (English)

Larkin Action

The Larkin Company has updated our leave packets to include the 2022 updates.

Further Company Considerations 

Ensure you are offsetting any salary continuation/company top-up pay aligned with the new benefit rate maximum, where applicable.  The Larkin Company will adjust offsets for any top-up (leave of absence pay) calculations or STD, accordingly, if we handle these services for you.

Select another state

Select a state from the map below to view a consolidated version of information provided throughout the year.

Disclaimer

The Larkin Company has taken reasonable steps to ensure the accuracy of the information on this page, however we make no representation or warranty of any kind as to its accuracy or completeness. These resources should not be construed or substituted for legal advice. Accordingly, before taking any actions based upon such information provided herein, we encourage you to seek competent legal advice from a licensed attorney or appropriate professionals.