The Department of Family and Medical Leave (DFML) has published additional information regarding “topping off” of Paid Family and Medical Leave (PFML) benefits. Specifically, the DFML has updated the FAQs for Employers about Topping Off PFML Benefits and FAQs for Employees about Topping Off PFML Benefits. The new FAQs discuss topping off at organizations with unlimited PTO, topping off in relation to holiday pay, topping off for employees with short term disability benefits, smallest increment of leave use policies, and private plan exemptions.
As previously reported changes to the PFML went into effect November 1, 2023, allowing employees receiving PFML benefits to 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). Employers are 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.