Massachusetts has made recent legislative changes to the paid family and medical leave (PFML). For applications filed on or after November 1, 2023, employees receiving PFML benefits may supplement (or “top off”) their PFML benefits with any available accrued paid leave (sick time, vacation, PTO, personal time, etc.). For employees who choose to supplement their PFML benefits in this way, the combined weekly sum of PFML benefits and employer-provided paid leave benefits cannot exceed the employee’s Individual Average Weekly Wage (IAWW). Employees still cannot be required to use accrued paid leave either before or while on PFML. This change was part of the recently passed fiscal year 2024 budget and brings Massachusetts in line with how other state paid family and medical leave laws operate.
Employers will be responsible for monitoring and ensuring that the combined weekly sum of employer-provided paid leave benefits and PFML benefits does not exceed an employee’s IAWW. If the application is filed on or after November 1, 2023, applications filed retroactively for a leave that began before November 1, 2023, are eligible for topping off. All employers must have registered with Department of Family and Medical Leave (DFML) Leave Administrators. An employer’s DFML Leave Administrator can find an employee’s weekly PFML benefit rate and IAWW in the employee’s PFML Approval Notice.
DFML will be providing further guidance about “topping off” on its website (mass.gov/dfml) in the upcoming days.