Massachusetts

Below you will find any recent or upcoming changes to the family and medical leave and/or leave income replacement benefit law(s) within this state.

Massachusetts Paid Family Medical Leave (PFML)

What is the Update?

Effective January 2023, the benefit rate for MA PFML will increase from $1,084.31 per week to $1,129.82 per week. The employee contribution rate will decrease from 0.68% to 0.63%. 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.

It was previously 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. In the meantime, 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.

Update (11/21/22): The DFML (Department of Family and Medical Leave) released the MA PFML employee notice for 2023 that must be provided to current employees and new hires, as well as the new 2023 PFML poster, which must be displayed within your MA workplace. Please see the “Notice Requirements” section below for more information.

 

Handbook/Policy Updates

N/A

Notice Requirements

We recommend that you provide the new 2023 notice (see “Notifying Massachusetts W-2 employees” at the below link) via hard copy or email to each of your current MA employees by December 2, 2022. The notice does not need to be acknowledged by current employees.

The notice must also be provided to new hires (including contractors) within 30 days of employment. Signed acknowledgement of receipt or refusal from each new hire must be retained.

There is also a separate poster, that must be displayed in your workplace (see “Workplace poster” at the same link below).

2023 Workplace Notifications (English)

Larkin Action

The Larkin Company will consider any law changes carefully, and update our internal resources and processes, as well as our employee leave information packets, if necessary.

Further Company Considerations

Please ensure as a company you are offsetting any salary continuation/company top-up pay aligned with the updated weekly benefit rate maximum, effective 2023. Note: claims that begin after this date are eligible for the new benefit rate (so too are any leave extensions that occur in 2023). 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.

Please also be sure to adjust your contributions in line with the updates, effective 2023.

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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.