Massachusetts SJC issues important Paid Family and Medical Leave decision

Massachusetts Paid Family and Medical Leave (PFML) went into effect on January 1, 2021. Since then, employers have had a number of unanswered questions related to the statute and accompanying regulations. Recently, the Massachusetts Supreme Judicial Court (SJC) issued its first decision interpreting language in the PFML law. The court was called upon to answer an important question that had been weighing on the minds of employers since the law was enacted: Can certain employer-provided benefits, such as vacation and sick time, continue to accrue while an employee is out on PFML? In rendering its decision, SJC held that a policy denying the accrual of vacation, sick time, and similar benefits while an employee is out on PFML leave doesn’t violate the law. Here’s what you need to know.

Police officers denied accrual of various benefits under policy

A group of state police officers challenged their employer’s policy of denying the accrual of certain benefits—including length-of-service credit, vacation, and sick time—while they were taking PFML leave. The officers wanted to use PFML for bonding following the birth of a child, which is permitted under the PFML statute. However, when they requested the leave, they were told that under the Commonwealth’s policy they would lose their seniority and would not accrue vacation and sick time or length-of-service credit while on leave.