Think you have MA Paid Family and Medical Leave all figured out? Think again

Beginning on January 1, 2021, employees can start taking leave under the Massachusetts Paid Family and Medical Leave (PFML) law. Back in June 2019, the Department of Family and Medical Leave issued "final" regulations regarding the new law, and employers have been taking steps to learn and comply with them. We wrote about the regulations in our August 2019 issue (see "Final regulations are out: Are you ready for Paid Family and Medical Leave?").

Well, while most employers have been busy with questions about Families First Coronavirus Response Act (FFCRA) leave and the sudden closure of nonessential businesses, the Department of Family and Medical Leave was making proposed changes to the "final" regulations. Although many of the proposed changes are minor alterations—for example, claims are now referred to as applications for benefits—there are some substantial proposed changes as well. Below is a summary of what we think are the most noteworthy changes.

Clarifications?

The department has proposed modifications that may leave employers scratching their heads.

Employers are well aware that PFML is job-protected leave. The proposed amendments to the regulations cause confusion rather than clarification around that issue, however. Job-protected leave will now be classified as the period of time immediately following the first date on which an employee commences taking any type of leave associated with a qualifying reason, regardless of whether she has filed an application for benefits with the department (or ever files an application for benefits) or whether the leave is paid or unpaid.