Page 39 - BusinessWest October 26, 2020

PFML
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Employer-notice Obligations
Businesses are required to notify their workforce about the Massachu- setts PFML program, including the new benefits and protections that apply to them. This notification includes dis- playing the PFML workplace poster
in a highly visible location; providing written notice of contributions, ben- efits, and workforce protections to
your eligible employees; and collecting acknowledgments of receipt of such written notice signed by all eligible employees.
Both the workplace poster and model employer-notice forms can be found on the state’s PFML website: www.mass.gov/info-details/informing- your-workforce-about-paid-family- and-medical-leave. Failure to provide the notice can lead to in a fine of
$50 per employee for first violations, increasing to $300 per worker for sub- sequent violations.
Handbook Policies
In addition to meeting their PFML poster and written-notice require- ments, employers should review and update other workplace policies that will be impacted by the new law. For example, other leave policies (e.g., sick, PTO) should be updated to note that PFML leave runs concurrently with those other leaves. Employers may also want to update attendance and related discipline policies, including proce- dures for requesting time off and/or call-out procedures.
It goes without saying — but we’ll say it anyway — that employers should establish and enforce their PFML policy and all other workplace policies consistently.
Performance Management
Employers should examine and recommit to their performance- management, discipline, and docu- mentation policies and procedures. This is because employees who are let go or disciplined after taking PFML may have a lawsuit for retaliation if a business cannot prove the employ- ment decision was related to poor performance or misbehavior. In fact, any adverse action taken against an employee during or within six months of PFML leave is presumed to be unlawful interference or retaliation.
As a result, employers’ expectations for performance and workplace con- duct, and the consequences for failing to meet those expectations, should be clearly defined, and employers should document all such failures in a timely manner. This is critical to defending against a potential claim by an employ- ee that his termination constitutes unlawful retaliation for his PFML leave use.
Training
Employers should make sure all managers receive training on perfor- mance-management and discipline policies and procedures, as well as how to properly document such issues. Managers should be disciplining employees consistently and holding them accountable for performance and discipline issues. If an employee who has used PFML leave is termi- nated for performance-related or dis- ciplinary reasons, employers want to be in a position to support their lawful reasons for termination with proper documentation.
A manager turning a blind eye to
performance or discipline issues, or failing to properly document them, can cost employers significantly down the road in the face of a lawsuit filed by a disgruntled employee. Well-trained managers are worth their weight in gold.
Bottom Line
Jan. 1 is fast approaching. Mas- sachusetts employers need to be pre- pared to meet their PFML compliance obligations, which not only involves understanding how PFML benefits work, but also planning for increased frequency of employee time-off requests and longer leaves of absence.
Employers with questions about how the new PFML law will impact their business should seek advice from legal counsel. u
John Gannon is a partner with Springfield-based Skoler, Abbott & Presser, specializing in employment law and regularly counseling employers on compliance with state and federal laws, including the Americans with Disabilities Act, the Fair Labor Standards Act, and the Occupational Health and Safety Act. Meaghan Murphy is an associate with the firm and specializes in labor and employment law; (413) 737-4753.
Insurance You Understand. A Relationship You Can Trust.
Mark Rosa, Daniel C. Dias, CIC CIC
(413) 586-5011 | www.Borawskiinsurance.com
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