Massachusetts PFML Update

August 4, 2022

Was it too good to be true? In the newsletter we just sent last Friday, we mentioned that an amendment in the state’s fiscal Y=year 2023 budget would allow employees to supplement PFML benefits with “any accrued sick or vacation pay or other paid leave provided under an employer policy.” It was reported that Governor Baker had signed the bill and employees would now have the choice to supplement the PFML benefit and employers cannot require them to do so.

Well, not so fast. We have now learned that Governor Baker had initially returned the legislation to the legislature with a recommendation. The bill was then passed once more by the legislature and returned to the governor. However, the governor has not yet acted on the bill and so the amendment to the PFML program has not yet taken effect. Therefore, at the present time, employees may choose to use PTO/Sick and other accrued leave only during the unpaid waiting period for PFML benefits and are not able to use accrued leave to top-up their PFML benefits.

We will continue to monitor the situation closely and will confirm once the bill is passed.

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