The Massachusetts Department of Family and Medical Leave (DFML) recently posted proposed changes to its Paid Family and Medical Leave (MAPFML) regulations. For the time being, these changes are presented as a “draft markup”, with DFML stating its intent to offer a public comment period and/or public hearing at dates to be announced in the coming weeks. The draft markup addresses the narrow issue of the maintenance of a covered individual’s health insurance during MAPFML leave.
Since 2021, the MAPFML has provided paid family and medical leave benefits to covered individuals in Massachusetts. In addition to financial payments, the MAPFML also secures certain job protection, anti-retaliation, appeal and health insurance maintenance rights for individuals who take MAPFML covered leave. We have posted about MAPFML benefits and leave rights at length in our prior posts: here, here, here, and here.
Currently, the MAPFML regulations provide that, “during the duration of an employee’s family or medical leave, the employer shall continue to provide for and contribute to the employee's employment-related health insurance benefits, if any, at the level and under the conditions that coverage would have been provided if the employee had continued working continuously for the duration of such leave.”
The draft markup...
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