In one of the first decisions interpreting the Massachusetts Paid Family and Medical Leave Act (PFMLA), the state Supreme Judicial Court (SJC) held that the PFMLA does not require an employer to allow employees to accrue benefits, such as vacation time and sick time, during PFMLA leave. The case is Bodge v. Commonwealth, SJC-13567, slip op. (Sept. 13, 2024).

In this case, a group of state troopers sued the Massachusetts State Police, claiming that its policy of not providing for accrual of employee benefits, including vacation time and sick time, while the employees were on PFMLA leave violated the act. The SJC held that the agency’s policy of not providing for benefits accrual during leave did not violate the PFMLA.

The SJC noted that the PFMLA states, “An employee who has taken family or medical leave shall be restored to the employee’s previous position or to an equivalent position, with the same status, pay, employment benefits, length-of-service credit, and seniority as of the date of leave.”

The SJC held that this part of the statute simply required that an employee’s benefits remain unchanged, not increased or decreased, from when they begin leave to when they return from leave. Thus, an employee returning from PFMLA leave can continue to accrue benefits as if they had never taken the leave, but the employee does not have the right to continue accruing benefits during the leave.

Brian E. Lewis and John (Jack) G. Bassilakis are attorneys with Jackson Lewis in...

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