Page 33 - BusinessWest January 6, 2021

Paid Family and Medical Leave and Minimum Wage
Two noteworthy laws take effect in Mas- sachusetts this January: the Paid Family and Medical Leave (PFML) law and the revised min- imum-wage law.
PFML law takes effect in the Bay State this January. While employer obligations under
and employees can take leave intermittently,
if medically necessary, for medical leave for an employee’s own serious health condition or take family leave to care for a covered service mem- ber or to care for a family member with a seri- ous health condition.
Intermittent leave cannot be used to bond with a child. PFML and federal FMLA run con-
ed personnel plan going forward.
A good plan starts with an annual review of
employment policies and manuals, written job descriptions, and employee-training programs to ensure that your company is compliant with state and federal laws and that your employ- ees are properly trained in your processes and procedures.
Well-crafted employment policies are impor- tant because they communicate expectations to employees and help insulate your company from certain legal liabilities. When crafting employment policies, know that certain ones are legally required, while others are good busi- ness practice. Depending on your company’s size, required employment policies may include anti-discrimination, anti-harassment, parental leave, paid family and medical leave, and sick time. The implementation of other policies may be a good idea, such as codes of conduct, dis- cipline and termination, workplace safety, off- duty conduct and the use of social media, drug and alcohol use and testing, use of cell phones, and use of company computer equipment and other electronic resources.
Written job descriptions are also a good practice. While not legally mandated, they can be a good tool to assess and evaluate prospec- tive and current employees and also can reduce your company’s exposure to certain lawsuits. Accurate job descriptions that set forth the essential functions of a position can minimize liability when your company is faced with either internal requests for accommodations or
New Year
Continued on page 44
“With the new year here, it is a good time to shift gears, reboot and re- group, and return to building better business practice.”
currently. The same is true for the Massachusetts Parental Leave Act. Employees can choose to use but may not be required to use other forms of paid time off. PFML provides job protection and restora- tion rights akin to the federal FMLA. Employers are required to restore employees who take leave to their previous posi- tion, or to an equivalent posi- tion, with the same status, pay,
PFML commenced on Oct. 1, 2019, as of Jan.
1, 2021, employees can begin to apply for and receive paid leave for most medical and family leaves of absence. The remaining leave provi- sions will take effect on July 1, 2021. Under PFML, employees can take paid leaves for their own serious health condition, to bond with a newborn child, to bond with a child after adop- tion or foster-care placement, to care for a fam- ily member with a serious health condition, or to manage family affairs when a family member is on active duty in the armed forces.
All private Massachusetts employers are covered under the law regardless of their size. Leave entitlements range from 12 weeks to 26 weeks depending on the type of leave needed,
benefits, length-of-service credit, and seniority as of the date of leave.
On Jan. 1, 2021, the Massachusetts minimum wage increased from $12.75 to $13.50 per hour. The service rate also increased from $4.95 to $5.55 per hour. Premium pay for Sunday retailer workers decreased. The next step in our mini- mum-wage rise is to $15 per hou, slated to take effect in 2023.
Proactive Employment Steps
The new year can serve as a good reminder and placeholder for reviewing and auditing your employment practices. Doing so will enable you to be strategic about that piece of your business and move toward creating a detailed and updat-
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