Massachusetts Updates Paid Family and Medical Leave Law Effective November 1st

Starting on November 1, 2023, employees in Massachusetts who participate in the state Paid Family and Medical Leave program (PFML) will be able to use their accrued paid leave on top of their PFML wage replacement benefits. This change provides a means for employees to receive up to 100% of their wage replacement during PFML-qualified leave periods.

Previously, employees in the state system could only use accrued paid leave during the seven-day waiting period for PFML benefits or in one block of time at the beginning or end of their leave. This change brings Massachusetts in line with other states' leave laws. Employers must provide employees with the option to “top off” their PFML benefits with accrued paid leave.

The Department of Paid Family and Medical Leave (DPFML) will issue guidance for employers on how to calculate the difference between the PFML weekly benefit and the accrued paid leave.