Legal Updates

Updates To Massachusetts Earned Sick Time And Paid Family And Medical Leave Laws

Important updates to the Massachusetts Earned Sick Time law and the Massachusetts Paid Family and Medical Leave (“PFML”) law have recently been announced.

Massachusetts employers should review these developments and ensure that their PFML and sick time policies and practices reflect these changes.

Earned Sick Time Law

Under the Massachusetts Earned Sick Time statute, all Massachusetts employees must be allowed to accrue and use up to 40 hours of earned sick time per year, based on a minimum accrual formula of one hour of earned sick time for each 30 hours worked. For employers with at least eleven employees, sick time must be provided on a paid basis, whereas employers with fewer than eleven employees may provide unpaid sick time.

Up to now, the law has permitted an employee to use accrued sick time (i) to care for a physical or mental illness, injury, or medical condition affecting the employee or the employee’s child, spouse, parent, or spouse’s parent; (ii) to attend routine medical appointments of the employee or the employee’s child, spouse, parent, or spouse’s parent; or (iii) to address the effects of domestic violence on the employee or the employee’s child.

Effective November 21, 2024, Massachusetts employees are also permitted to use earned sick time to care for themselves or their spouse in the event of a pregnancy loss or a failed assisted reproduction, adoption, or surrogacy.

This expansion of the Earned Sick Time law is part of a recent, nationwide trend of broadening pregnancy-related protections for employees. Another example is the 2023 federal Pregnant Workers Fairness Act, which requires employers to provide reasonable accommodations for employees experiencing limitations due to pregnancy, childbirth, or related medical conditions.

PFML Statute

The Massachusetts Department of Family and Medical Leave (“DFML”) has announced its annual updates to the contribution rates and maximum weekly benefit amounts under the PFML statute. The changes will take effect January 1, 2025.

Updated Maximum Weekly Benefit Amount

The maximum weekly cash benefit amount provided to individuals under the PFML law is adjusted annually by the DFML, and is calculated as a percentage (64%) of the average weekly wage of Massachusetts workers.

Due to recent increases in Massachusetts’s average weekly wage, effective January 1, 2025, the maximum amount that an eligible employee will be entitled to receive in PFML benefits will increase from $1,149.90 to $1,170.64 per week.

Contribution Rates

PFML benefits are funded through employer and employee contributions. The required contribution rates are set annually by the DFML. For 2025, the contribution rates will remain the same as in 2024.

Thus, effective January 1, 2025, the contribution rate for employers with 25 or more covered individuals will remain at 0.88% of eligible wages. The 0.88% contribution rate is split between a medical leave contribution of 0.70% and a family leave contribution of 0.18%.

Similarly, the contribution rate for employers with fewer than 25 covered individuals will remain at 0.46% of eligible wages. The 0.46% contribution rate is split between a medical leave contribution of 0.28% and a family leave contribution of 0.18%.

The proportion of PFML contributions that those different categories of employers may withhold from employees’ wages likewise will not change. Employers may still withhold up to 100% of the family leave contribution from employees’ wages. Employers with 25 or more covered individuals may still withhold up to 40% of the medical leave contribution from employees’ wages, while employers with fewer than 25 covered individuals may withhold up to 100% of the medical leave contribution from employees’ wages.

These contribution rates apply equally to all Massachusetts employers, regardless of whether they provide PFML through approved private insurance plans or are enrolled in the state-run PFML program.

Notice Obligations

With the new year looming, Massachusetts employers should also be mindful of their notice obligations under the PFML statute.

Employers are required to provide written notices outlining PFML benefits, contribution rates, and certain other provisions to new employees within thirty (30) days of their start date. The notices may be provided in paper form or electronically, and new employees must sign acknowledgements and return them in paper form or electronically.

Additionally, each year, employers are required to provide written notice to all current employees of the applicable contribution rates at least thirty (30) days in advance of the effective date. Rate notices may be provided electronically and do not need to be signed by employees.

Employers are also required to post the official PFML workplace poster in a prominent location or to distribute it electronically. The poster must be available in English and in each other language that is the primary language of five or more individuals in the employer’s workforce.

The DFML provides template notice forms and the workplace poster on its website.

Next Steps

In light of these updates, we recommend that Massachusetts employers:

• Review and update their sick time and PFML policies and practices as necessary;
• Distribute PFML rate notices to current employees; and
• Display (or distribute electronically) the PFML updated workplace poster.

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If you have questions about these updates or need assistance updating your policies, notices, or practices related to the Earned Sick Time law or the PFML statute, please feel free to contact one of our experienced employment lawyers.