Massachusetts: Paid Family and Medical Leave Deadlines Extended and Notices Issued

In July 2018, Massachusetts signed H. 4640 – also called the “grand bargain” – into law, which included implementation of a state-mandated paid family and medical leave program starting January 1, 2021.  To prepare for rollout of this program, employers were required to provide their workforce notice of the new leave by May 31, 2019.  The Massachusetts Department of Paid Family and Medical Leave (PFML) recently extended two pending deadlines: (1) written notice to employees of their rights under the PFML must be provided by June 30, 2019; and (2) companies can file an application for a private plan exemption up to September 20, 2019. The PFML program is funded through an employee payroll tax with a supplementary amount paid by employers.

The Department of PFML also recently issued the mandatory workplace posting, as well as guidance on the law’s notice requirements. Employers must provide a written notice to all employees and independent contractors containing the following information:

• Explanation of the employee’s rights and benefits under PFML;
• Employee’s and employer’s contribution amount;
• Name and mailing address of employer;
• Identification number assigned to the employer by the Dept. of PFML;
• Instructions on how to file a claim for PFML benefits;
• Contact information for the Dept. of PFML, including mailing address, e-mail, and telephone; and
• Any other information deemed necessary by the Dept. of PFML.

To that end, the Dept. of PFML has created a sample notice employers may utilize to be compliant with the impending requirements.  In addition, employers must either collect acknowledgment of receipt from each employee, or be able to establish that the notice was provided to all members of the workforce.

On top of the written notice, employers must also display a workplace poster regarding the PFML program.  This poster must be displayed in every language that is the primary language of five or more individuals in the workplace.  The Dept. of PFML has also provided model posters in English and a number of other languages for employers to utilize.