Overview: The newly created Department of Family and Medical Leave has launched a website that includes guidance for employers, including answers to frequently asked questions by employers and frequently asked questions by employees.
Details: As previously reported, Massachusetts will offer one of the most generous family and medical leave programs in the country. While the law is very complex and its requirements will be fleshed out by administrative regulations, the basics are as follows.
Beginning in 2021, most Massachusetts employees will be entitled to up to 12 weeks of paid leave to care for a family member or bond with a new child, and up to 20 weeks of paid leave to address their own serious medical issues.
The program will be funded by a new payroll tax at the initial rate of 0.63 percent, which goes into effect beginning July 1, 2019. Benefit amounts will be determined based on a percentage of the employee’s weekly income, up to a maximum of $850.00 per week.
The law also creates the Department of Family and Medical Leave, which oversees the Commonwealth’s Paid Family and Medical Leave program and will publish proposed regulations for comment by March 31, 2019. The regulations are expected to be finalized by July 1, 2019.
Although the right to take leave will begin in 2021, employers must take certain actions much earlier. For example, beginning July 1, 2019, employers must post a notice describing the benefits available under the law and provide each employee, within 30 days of hire, a written explanation of the employee’s rights.
The law also contains very strong anti-retaliation provisions. If an employee experiences any negative change in status within six months of a requested leave, the change is presumed to be retaliatory. To rebut this presumption, the employer must present clear and convincing evidence that the action was not retaliatory, and was instead based on an independent justification. The statute also includes a private right of action for employees, who can seek, among other things, reinstatement and treble damages for any lost wages.
Update: The newly created Department of Family and Medical Leave has launched a website that includes guidance for employers, including answers to frequently asked questions by employers and frequently asked questions by employees.
Action Required: Massachusetts employers should update their policies and practices to address these new requirements. ADP will keep you apprised of further developments as effective dates approach. Please be sure to contact your Payroll Service Representative or Human Resources Business Partner if you have any questions.
Produced in partnership with Jackson Lewis P.C.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.