By now you are probably aware of the new Paid Family and Medical Leave (“PFML”) law going into effect in Massachusetts.  In a nutshell, the PMFL Law will allow certain eligible employees access to paid leave benefits.  Employees will be eligible to claim benefits (paid by a newly created state agency) on January 1, 2021.  The state agency, known as the Department of Family and Medical Leave, will obtain funds to pay out employee leave claims through a payroll tax remitted by employers and employees.

This article focuses on one important aspect of the PFML, which requires employers to provide notice of the law to employees.  The law states that on or before September 30, 2019, covered employers must provide two different forms of notice to their workforces regarding the PFML Law.  The law includes penalties for failure to comply with the PFML Law notice requirement.

The two types of notification are described in more detail below.

  1. Notification Posters for the Workplace

Employers must display a notification poster (which you can find at the links below) in locations where it can be easily read by workers.  Notably, employers must display the poster in English, as well as in every other primary language spoken by five or more employees.

Poster for employers with a workforce of 25 or more employees can be found at:

https://www.mass.gov/lists/paid-family-and-medical-leave-downloads-for-massachusetts-employers

Poster for employers with a workforce of less than 25 employees can be found at:

https://www.mass.gov/lists/paid-family-and-medical-leave-downloads-for-massachusetts-employers

Guidance for employers in determining the size of their workforce for these purposes can be found at the following link:

https://www.mass.gov/guides/a-guide-to-paid-family-and-medical-leave-for-massachusetts-employers#-required-contributions-

  1. Written Notification with Receipt Provided to Employees

All employers, large and small, must provide written notice about the law and its benefits to workers.  This requirement is IN ADDITION TO the requirement to display a notification poster in the workplace.  Importantly, the notice provided to employees must also include the opportunity for an employee to acknowledge receipt or decline to acknowledge receipt of the information. The employer can receive these acknowledgments in paper form or electronically from employees.  The receipt forms DO NOT have to be provided to the Department of Family and Medical Leave.

The written notification form for employers to use can be found at the following link:

https://www.mass.gov/lists/paid-family-and-medical-leave-downloads-for-massachusetts-employers

This blog is for informational purposes only.  It should not be considered legal advice.  All those who read this blog should seek the advice of a professional before taking action based upon any information provided herein.

© 2019 Doherty, Dugan, Cannon, Raymond & Weil, P.C.

Article by Attorney Michael P. Doherty

Attorney Michael P. Doherty represents organizations and individuals in business, succession planning and litigation matters, and also assists clients with estate planning, wills and trusts.

124 Grove Street, Suite 220
Franklin, MA 02038

WEB : www.ddcrwlaw.com
TEL: 508-541-3000
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mpd@ddcrwlaw.com