Effective November 1, 2023, eligible employees who apply for the Massachusetts Paid Family Medical Leave (PFML) benefit may opt to use accrued paid time off to supplement or “top off” their PFML wage replacement benefit in order to achieve 100% wage payment. Under this amendment, Employees will be allowed to choose to use any available accrued paid time off (sick leave, vacation time or personal leave) to supplement their PFML payments. If the employee decides to top off their PFML benefit, it is incumbent upon the employer to monitor the supplemental payment to ensure overpayments are not being made.
This is a major change from the original existing PFML law. If your organization has any questions as to how this may affect your current policy or how best to proceed, please feel free to contact us at the Law Offices of Elizabeth Reinhardt and Associates.
In addition, the Department recently announced changes to employer contribution rates and benefit amounts for 2024.
From the Department’s website:
Employers with 25 or more covered individuals must send to DFML a contribution of 0.88% of eligible wages.
Employers with fewer than 25 covered individuals must send an effective contribution rate of 0.46% of eligible wages. This contribution rate is less because small employers are not required to pay the employer share of the medical leave contribution.
Small employers are responsible for sending the funds withheld from covered individuals' wages but are under no obligation to contribute themselves. However, they may elect to cover some or all of the covered individuals' share.
Also, effective January 1, 2024, the maximum weekly benefit will increase to $1,149.90, from the current amount of $1,129.82.
For more information about these important PFML change please refer to the Department of Family and Medical Leave’s website (links provided) or contact the Law Office of Elizabeth S Reinhardt and Associates for legal guidance. We are happy to assist you with these important employment law changes and are available to advise you on all employment related issues from paid family leave, to the on-boarding process, drafting employee handbooks, navigating remote/hybrid work and more!
Important Legislative Changes to the Massachusetts Paid Family and Medical Leave Program | Mass.gov
FAQs for Employers about Topping Off PFML Benefits | Mass.gov
FAQs for Employees about Topping Off PFML Benefits | Mass.gov
Paid Family and Medical Leave employer contribution rates and calculator | Mass.gov