MA employees can now ‘top off’ PFML payments using PTO

A recent amendment to the Massachusetts Paid Family and Medical Leave Law (PFML) will allow employees to supplement—frequently referred to as “topping off”—their reduced PFML benefit using PTO to receive 100% of their pay during their leave. Here’s what you need to know.

Background

Under the Massachusetts PFML, eligible employees can take up to 26 workweeks of job-protected leave each benefit year for various reasons. PFML benefits provide partial wage replacement to employees who are on leave.

Since its inception, the PFML statute prohibited an employee from using company-provided paid time off (PTO) and receiving PFML benefits from the state at the same time. In other words, an employee who chose to use PTO during their PFML leave wasn’t permitted to receive any payment from the state.

Because of this new amendment, however, employees will be able to top off their reduced PFML benefit using PTO.

Employees can now top off benefits

Employees who apply for PFML on or after November 1, 2023—even if the application is for retroactive leave—are allowed to supplement PFML benefits with accrued PTO. It’s important to note employers can’t require employees to do so, and employees can only top off with PTO.