Massachusetts: Benefit Accrual Not Required During PFML Leave
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APPLIES TO All Employers with MA PFML Eligible Employees |
EFFECTIVE September 13, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
In Bodge v. Commonwealth, the Massachusetts Supreme Judicial Court ruled that employers generally do not have an obligation to allow employees to continue accruing benefits like seniority, vacation, and sick time during leave taken under the Paid Family and Medical Leave Act (PFMLA). Here, the plaintiffs were state troopers who claimed that the Commonwealth of Massachusetts and its State Police had a policy of denying the accrual of benefits like seniority, length-of-service credit, and vacation and sick time while employees are on PFML leave. They argued this violated the PFMLA. The court disagreed with the state troopers.
In reaching its ruling, the court looked to Section 2 of the PFMLA: “The taking of family or medical leave shall not affect an employee’s right to accrue vacation time, sick leave, bonuses, advancement, seniority, length-of-service credit or other employment benefits, plans or programs. During the duration of an employee’s family or medical leave, the employer shall provide for, contribute to or otherwise maintain the employee’s employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if the employee had continued working continuously for the duration of such leave.” The court found that this section did not confer accrual rights. It only maintains the rights that an employee already has while they are on leave. If the legislature had intended for continued accrual, the PFMLA would have explicitly said so.
It is important for employers to note this does not affect an employer’s obligation under the PFMLA to maintain health insurance benefits at the same level during the employee’s PFMLA leave. In addition, when an employee returns to work, they are guaranteed the right to be returned to their former job or an equivalent position with their pre-leave benefit status intact.
Action Items
- Review and update leave policies, if applicable.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase