The Connection Magazine AIM MUTUAL Fall 2019 | Page 3

MA EMPLOYMENT L AW
Navigating
Paid Family and
Medical Leave in
Massachusetts
MASSACHUSETTS WILL soon join the likes of New Jersey,
Rhode Island, New York, Washington, California and the District
of Columbia with a law regarding Paid Family and Medical
Leave (PFML). The law in Massachusetts, which will be the
most generous in the country, will be effective January 1, 2021
for medical leaves and July 1, 2021 for family leaves. However,
employer contributions began on October 1, 2019 for those
employers electing to participate in the state-run program. The
law applies to all employers who employ at least one employee;
sole proprietors can opt into the plan if they wish to.
This new law creates many challenges for employers in the
state of Massachusetts. Not only do employers have to learn
the requirements of this new law, they must also coordinate
these requirements with other types of leave laws and benefit
offerings they may currently have in place. Laws such as the
federal Family and Medical Leave Act, Mass Parental Leave Act,
MA Earned Sick Time Law, MA Domestic Violence Leave, MA
Small Necessities Leave Act, Short-term Disability and Long-
term Disability, among others, will need to be coordinated with
the new MA Paid Family and Medical Leave law.
To put a little perspective on some of the differences, the
federal Family and Medical Leave Act (FMLA) allows for certain
family members to be covered under the law, while the new
Massachusetts Paid Family and Medical Leave allows for a more
expanded list of family members. When applying the law, an
employer must provide coverage for family members as defined
by the MA leave policy. These family members would not have
been otherwise covered under the federal FMLA.
The new MA Paid Family and Medical Leave allows for
employees to
• take up to 20 weeks of paid leave to take care of their own
personal health condition;
• take up to 12 weeks of paid leave to care for a sick relative;
and
• take up to 26 weeks of paid leave to take care of a military
family member.
No employee will be entitled to any more than 26 weeks off in
any 12-month period. Any type of leave taken under this policy will
provide job protection for the employee. Employees can apply for
leave, effective with their first day of employment, provided they
pass the minimal eligibility requirements.
The Decision to Opt Out
One major decision for employers to make is whether they
want to opt out of the state plan and administer the program
themselves or purchase insurance through the private market.
Employers who opt out must provide at least the same level of
coverage being offered by the state.
New insurance products are being introduced to the market
every day so employers need to understand what coverages are
being offered in order to make an informed decision about which
option will work best for their organizations. For some, the state
program will be the best option, but, for others, self-funding or
private insurance coverage may be the better choice.
Going through the pros and cons is not a simple task for
employers. There are still many unanswered questions about
how the program will work. Whatever route employers choose,
they are required to educate their employees. They must post the
state notice and ensure all employees acknowledge the notice.
TERI BOWMAN
TERI BOWMAN, SHRM-SCP, is
Director of Human Resources at A.I.M.
Mutual Insurance Companies. Teri has
more than ten years of HR experience
including recruitment, employee
relations, training, compensation,
benefits administration, workers’
compensation, and areas of
compliance.
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