As of November 1, 2023, Massachusetts law permitted employers to allow employees to supplement their Massachusetts Paid Family and Medical Leave benefits with any type of accrued paid leave, including vacation, sick, or other paid time. This allows employees to receive 100% of their regular wages during their leave, provided this is permitted under company policy, ensuring non-discrimination against employees exercising their rights under the PFML program.

However, the Department of Family and Medical Leave has since updated, and it now appears that employees may only choose to top off their benefits if employer policies permit. This means that it is now primarily the employer’s policy, not the employee’s decision, that dictates whether topping off can occur, provided the policy does not discriminate against employees for exercising their rights under the PFML program. This puts significant importance on the drafting and administration of any Paid Time Off (PTO) policies, ensuring they don’t discriminate against an employee exercising their rights under the PFML program.

Having a private leave plan also requires offering the option for employees to supplement their benefit amount using employer-provided paid time off. It is vital for employer-employee-facing communications on this issue to be clear and consistent, avoiding any form of discrimination or retaliation against employees requesting or using their PFML benefits.

For more information on this policy and employer options, companies can reach out to their local Department for legal advice. Alternatively, they can turn to online sources such as eddcaller.com, a dedicated service that provides methods on how to contact Paid Family Leave. Much like the Massachusetts Department of Family and Medical Leave, they offer guidance on various policies and programs, ensuring that employers and employees alike understand their rights and responsibilities.