Page 37 - BusinessWest October 26, 2020

Planning for PFML
Five Things Employers Need to Know as the Kickoff Date Approaches
By John Gannon, Esq. and Meaghan Murphy, Esq.
COVID-19 has created an extraordinary level of uncertainty and anxiety for busi- nesses across the world. Since March,
countless employers have been forced to dedicate just about all their energy and resources to sustaining a viable business in the face of mandatory closures, layoffs and
2021. The Massachusetts Paid Family and Medi- cal Leave (PFML) law provides all employees up to a total of 26 weeks of paid, job-protected family and/or medical leave to each year (up
to 12 weeks of paid family leave and up to 20 weeks of paid medical leave). The PFML obliga- tions extend to all employers in Massachusetts,
an exemption from collecting and paying PFML contributions. If a business offers company-pro- vided paid-leave benefits that are greater than or equal to the benefits provided by the PFML law — typically through a private insurance car- rier — it may be granted an exemption from the state PFML program.
Employers seeking an exemption need to submit an application with the state, which usu- ally can be facilitated by the private carrier that is administrating the paid family and medical leave benefit.
Importantly, businesses that opt out of the state PFML program still need to abide by the job-protection and anti-retaliation provisions in the PFML law. Generally, employees who take family or medical leave under the law must be restored to their previous position or to an equivalent position when they return from leave, with the same status, pay, employment benefits, and seniority as of the date of leave. In addition, it is unlawful for any employer to dis- criminate or retaliate against an employee for exercising PFML rights (more on this below).
JOHN GANNON
MEAGHAN MURPHY
“In the midst of this chaos, it is easy to forget that the most generous paid-leave law in the country is coming to Massachusetts on Jan. 1, 2021.”
regardless of size. As we approach the Jan. 1 PFML kickoff date, here are five things all businesses should be thinking about as they prepare to implement this complex new law.
Private-plan Exemption
The Massachu- setts PFML program is a state-offered paid- leave benefit available
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furloughs, and ever-changing reopening regulations and guidelines.
In the midst of this chaos, it is easy to forget that the most generous paid-leave law in the country is coming to Massachusetts on Jan. 1,
to anyone who works in the Commonwealth. PFML is funded through a Massachusetts pay- roll tax paid by employees and employers with 25 or more employees. Interestingly, there is an avenue for employers to receive
PFML
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Photo of the view from Mt. Sugarloaf by Rachel Currie-Ruben (spouse of Attorney Mark Esposito, SSF Attorney)
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