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  PFML
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applicable state and federal leave laws, such as the federal FMLA and the Mas- sachusetts Parental Leave Act. Similar to the federal FMLA, a Massachusetts
“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. ”
employee who returns to work after taking leave under PFML law must be returned to same or similar position as he or she had prior to their leave.
If an employee files a lawsuit against his or her employer for viola- tion of the PFML law and the employer is found to be in violation of the PFML law, numerous remedies are avail- able to the employee. These remedies include reinstatement of the employee to the same or similar position, three
times the employee’s lost wages and benefits, and the employee’s attorney’s fees incurred in bringing the action.
Can Employers Opt Out of the Program?
Some Massachusetts employers can opt out of the PFML program and apply for an exemption from paying PFML contributions if they purchase
a private plan with benefits that are as generous as the state’s plan, and which provide the same protections.
Get Assistance with Making Policy
The PFML rollout presents a great deal of new information to navigate both for employees and employers.
A qualified attorney will be able to assist with interpretation of the PFML, amending current leave policies, and practical matters of doing business in this new benefit environment. For those with questions about the Massachusetts PFML program, the best protection is
to seek guidance from an experienced employment-law attorney. u
Attorney Katharine Shove is an associate with Bacon Wilson, P.C. and a member of the firm’s litigation team. She works on matters of employment law involving discrimination and retaliation, wage-and-hour laws, and workplace policies and compliance; (413) 781-0560; kshove@baconwilson. com
Hiring
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Create Mentorship Programs or Opportunities
A female-led or minority-led men- torship program can support and pro- mote the advancement of under-rep- resented groups within the workplace. Seasoned women employees can be great support structures for other women trying to begin their careers or advance within the company. Women who are currently excelling at their position or working in an executive- level position can assist other women dealing with similar daily challenges, such as work-life balance.
Re-evaluate the Businesses Culture
This one is more abstract and requires internal inquiries, but you should ask if your business provides
a culture where women are valued or has a diverse demographic that is often desired by applicants. Ask yourself: is your workforce gender-diverse? What about the leadership positions? If the answer to these questions suggests unequal gender representation in the workplace, ask whether it is because
of a culture that does not support women. Perhaps it’s more of a recruit- ing issue. In any event, you should dig deep for answers and insist on change.
Childcare Options
Providing on-site childcare is prob- ably an option only for larger business- es. However, here are a few suggestions for all businesses to consider:
• Revisit your employee benefits.
Do you already, or can you afford to, provide a childcare subsidy, childcare referral services for nearby locations, or extended paid leave?
• Partner with surrounding busi- nesses. If your business space is too small to provide on-site childcare, reach out to nearby childcare locations and discuss rates and hours that could create a partnership between the busi- nesses or, at the very least, a referral resource.
• Offer extended FFCRA benefits, which are available until Sept. 30, 2021, and can be used by employees to take time off for childcare or other COVID- 19-related reasons.
Final Thoughts
After making positive strides in
the workforce over the past decade, women’s participation in the workforce declined over the last year. To correct this trend, businesses will need to put a conscious effort toward recruiting women into their workforce. u
Jeremy M. Forgue is an attorney with the law firm Skoler, Abbott & Presser, P.C. in Springfield; (413) 737-4753; [email protected]
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