The Massachusetts Paid Family and Medical Leave (“PFML”) law now permits employees to “top off” benefits received through the state Department of Family and Medical Leave (“DFML”) with employer-provided accrued paid time off (e.g., vacation, PTO, or sick time). This new change allows employees to elect whether to supplement their PFML benefits with paid time off. Employers still cannot require employees to use their accrued paid leave either before or while on PFML; it is up to employees to elect whether or not to supplement their PFML benefits with paid time off. This change was part of the recently passed fiscal year 2024 budget and is in effect for all new applications for PFML benefits as of November 1, 2023.Continue Reading Massachusetts Employees May Now Top Off Paid Family and Medical Leave Benefits with Vacation, PTO, and Sick Time
MA Department of Paid Family and Medical Leave Issues First Round of Complex Regulations
The Massachusetts Department of Family and Medical Leave has issued proposed regulations which are scheduled to go into effect July 1, 2019.
Although some of the proposed regulations may change – and there is a push on by certain business groups to have the start date pushed to October – businesses are well advised to
Department Of Labor Says That FMLA Leave Cannot Be Deferred
Last week, the U.S. Department of Labor’s Wage and Hour Division issued an Opinion Letter in which it stated that an employer may not delay the designation of leave qualifying under the Family and Medical Leave Act, even if the affected employee would prefer not to take FMLA leave, and employers may not designate more than 12 weeks of leave as FMLA leave.
Continue Reading Department Of Labor Says That FMLA Leave Cannot Be Deferred
President Trump’s Budget Includes a Proposal for Paid Parental Leave
Yesterday, President Trump unveiled his new budget plan. Along with controversial plans to fund construction of a wall on the southern border and to cut funding for Medicare and Medicaid, the budget also includes a proposal for paid parental leave.
President Trump’s daughter Ivanka has been advocating for federal paid parental leave since the beginning of the administration in 2017. And the president touted the idea during his State of the Union address in February.
President Trump’s plan would provide six weeks of paid leave to new mothers and fathers, including adoptive parents, to recover from childbirth and to bond with a new child. The plan would be administered at the state level, and is anticipated to be offered through programs based on unemployment insurance.Continue Reading President Trump’s Budget Includes a Proposal for Paid Parental Leave
Massachusetts Legislators’ “Grand Bargain” Establishes Paid Medical Leave and Increases Minimum Wage
A bill just passed by the Massachusetts House and Senate, with uncharacteristic speed and bipartisan support, has been touted as a “grand bargain,” meant to circumvent political wrangling over several contentious ballot questions slated to be put before the voters this fall. The wide-ranging bill establishes paid family and medical leave, raises the minimum wage, and eliminates premium Sunday pay, among other things. The bill now goes to Governor Baker, who is expected to sign the measure into law.
Continue Reading Massachusetts Legislators’ “Grand Bargain” Establishes Paid Medical Leave and Increases Minimum Wage
Washington State is Latest to Enact Paid Family Leave Legislation
On July 5, 2017 Washington became the latest state to enact some form of paid family and medical leave. The new law goes into effect in January 2020 and will provide employees with up to twelve (12) weeks per year of paid family leave for the following purposes:
• The employee’s own serious health condition;
• Care of a family member with a serious health condition;
• Care of a child new to the family following birth, adoption or placement in foster care; or
• For qualifying exigencies due to a family member’s deployment to active duty in the US Armed Forces.
Continue Reading Washington State is Latest to Enact Paid Family Leave Legislation
Are Employee Absences Giving You A Headache?
One of the most problematic areas for employers is the balancing act which occurs between managing employee productivity and attendance while taking care not to tread on entitlement to Family and Medical Leave (“FMLA”) and Americans with Disabilities Act (“ADA”) protections. Intermittent and unforeseeable absences are at the top of the list of challenges, and one particularly challenging issue is migraine headaches.
Individuals who suffer from migraines know they are usually 1) unpredictable and 2) debilitating. They often result in employees calling in at the last minute, leaving work midday or being out for days at a time without notice.
Continue Reading Are Employee Absences Giving You A Headache?
The Zika Virus: Is It a Concern for U.S. Employers?
The Zika Virus, an illness transmitted primarily by mosquitoes and also, less frequently, through blood transfusions and sexual contact has certainly been in the news recently. The U.S. Centers for Disease Control (CDC) has issued travel warnings alerting people to the risk of
U.S. DOL Released New FMLA Forms, Reminding Employers of Their Obligations under GINA
Recently, the U.S. Department of Labor published new FMLA forms with the new expiration date of May 31, 2018. The new forms remain essentially the same as the previous forms. The only notable change is that a reference to the Genetic Information Nondiscrimination Act (“GINA”) was included in all certification forms except the certification form
When Domestic Violence Enters the Workplace
Headlines about Ray Rice and the NFL remind us all that domestic violence does not stop at the door of an employee’s home. It is a serious crime and one that has lasting impacts on those affected by it. This post