Page 27 - BusinessWest May 26, 2020

Who Is Eligible?
Leave under the PFML program applies to most W-2 employees in Massachusetts, regard- less of whether they are full-time, part-time, or seasonal. Unlike the federal Family and Medi- cal Leave Act (FMLA), the Massachusetts PFML law says an employee is not required to work for a minimum length of time in order to be eli- gible for leave under the PFML law. However, an employee must meet the minimum-threshold earning requirements in order to be eligible for leave under the law.
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requirements. Employers must provide written notice of the PFML program to all employees within 30 days of the employee’s start date.”
The PFML law has strict notice
Requirement of Written Notice to Employees
The PFML law has strict notice requirements. Employ- ers must provide written notice of the PFML program to all employees within 30 days of the employee’s start date. Such notice must include informa- tion about the benefits under the PFML program, contribu- tion rates, and job protections under the law. The notice to employees must also include an
How Many Weeks of Leave Are Available?
opportunity for an individual to either acknowl- edge or decline receipt. In addition to written notice, employers must display posters (issued or approved by the Massachusetts Department of Family and Medical Leave) that explain the benefits available to eligible employees under the PFML law.
The PFML law requires employers to pro-
vide eligible employees up to 26 weeks of leave
in a benefit year. Beginning Jan. 1, 2021, eligible
employees may be entitled to up to 20 weeks of
paid leave to manage their own serious health
condition. Eligible employees may also receive
up to 12 weeks of paid leave to bond with a child
who is newly born, adopted, or placed in fos-
ter care, and up to 26 weeks to care for a family Employees must inform their employers of
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member in the Armed Forces.
On July 1, 2021, employees will be able to
receive up to 12 weeks to care for a family mem- ber with a serious health condition. Under the Massachusetts PFML law, a family member could be an employee’s spouse, domestic partner, child, parent, sibling, grandparent, parent of a spouse, or parent of a domestic partner.
In the aggregate, eligible employees may not receive more than 26 weeks of paid leave in a benefit year, even if they have more than one family member who may need care.
their need to take leave under the law at least 30 days before the start of the leave, and before fil- ing an application for leave with the state. Where reasons beyond an employee’s control prevent them from giving such advance notice, they must inform their employer as soon as is practical.
It is then the employee’s responsibility to apply for leave through the Department of Family and Medical Leave, and the department will make the decision as to whether the leave is approved or denied. Once the department receives the employee’s application, the department will request information from the employer relative to the employee’s job status.
Important Considerations for Employers
It is illegal for an employer to discriminate or retaliate against an employee for exercising any right to which he or she is entitled under the law, including the right to request PFML leave. To this end, the PFML law has a strict anti-retaliation provision. If an employer takes adverse action against an employee during the employee’s leave, or within six months after their return to work, there is a presumption that the employer retali- ated against the employee for exercising his or her rights under the PFML law.
It is then the employer’s burden to prove there was some independent and justifiable reason for taking the adverse employment action. Adverse employment action can include termination of employment, disciplinary action, or reduction in status, pay, or benefits.
The PFML law runs concurrently with other
PFML
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