On September 13, 2024, the Massachusetts Supreme Judicial Court (the “SJC”) ruled that the Massachusetts Paid Family and Medical Leave Act (the “Act”) does not guarantee the accrual of benefits such as sick leave, vacation leave and length-of-service credit during a period of paid family or medical leave (“PFML”). Instead, the Act mandates only that employees return from leave to the same or equivalent position that they held at the commencement of leave.

Summary of the Case

In Bodge & others vs. Commonwealth & others plaintiffs represented a class of state troopers who sought to take PFML in connection with the birth of a child. The plaintiffs alleged that denying their right to accrue employee benefits while on leave violated the Act. The SJC disagreed, finding that the statutory language says otherwise – it does not confer accrual rights on employees but rather requires that employees be put back to the same or equivalent position that they held when their leave started, with no loss of accrued benefits. In reaching its decision, the SJC compared accrued benefits such as sick leave, vacation leave, and length-of-service credit with health insurance benefits. The Act plainly states that employees continue to maintain health insurance during leave “thereby drawing a distinction between health insurance benefits and all other benefits.”

Next Steps for Employers

The Bodge decision is a good reminder for employers to review their policies and practices to ensure...

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