Effective November 1, 2023, the Massachusetts Paid Family and Medical Leave (PFML) law will allow employees to supplement (i.e. "top off") benefits received from the Commonwealth of Massachusetts with any available accrued paid leave (e.g., sick time, vacation, PTO, personal time, etc.). 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.
Previously, employees could not use accrued paid leave during any period in which they received PFML benefits from the Commonwealth. Even though benefits did not cover an employee's full salary, the PFML law prohibited employees from using accrued paid leave to "top off" their PFML benefit. Accrued paid leave could only be used during the 7-day unpaid waiting period, unless the employee elected to use accrued paid leave instead of receiving PFML benefits. Employees also were required to use accrued paid leave in one block of time at the beginning or end of the PFML period to avoid an interruption in PFML benefit payments. Now, these limitations no longer apply and employees can choose to top off their state benefits with accrued paid leave or save their accrued paid leave to use at a later time.
Employers who offered PFML through...
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