The Massachusetts Supreme Judicial Court Clarifies Rules on Benefit Accrual During PFML

On September 13, 2024, the Massachusetts Supreme Judicial Court (the “SJC”) ruled that the Massachusetts Paid Family and Medical Leave Act (the “Act”) does not guarantee the accrual of benefits such as sick leave, vacation leave and length-of-service credit during a period of paid family or medical leave (“PFML”). Instead, the Act mandates only that employees return from leave to the same or equivalent position that they held at the commencement of leave.

Summary of the Case

In Bodge & others vs. Commonwealth & others¸ plaintiffs represented a class of state troopers who sought to take PFML in connection with the birth of a child. The plaintiffs alleged that denying their right to accrue employee benefits while on leave violated the Act. The SJC disagreed, finding that the statutory language says otherwise – it does not confer accrual rights on employees but rather requires that employees be put back to the same or equivalent position that they held when their leave started, with no loss of accrued benefits. In reaching its decision, the SJC compared accrued benefits such as sick leave, vacation leave, and length-of-service credit with health insurance benefits. The Act plainly states that employees continue to maintain health insurance during leave “thereby drawing a distinction between health insurance benefits and all other benefits.”

Next Steps for Employers

The Bodge decision is a good reminder for employers to review their policies and practices to ensure compliance with PFML. Specifically, employers should:

• Confirm that employee health insurance benefits, unlike accrued leave, are maintained during a period of PFML. The maintenance of health insurance benefits should be reflected in the employer’s written PFML policy and in its practice.

• Review other non PFML leave policies to confirm whether they allow for accrual of benefits during leave to ensure consistent treatment.

• Clarify employee rights when leave is requested. Remind employees that they will maintain the same accrued benefits that they had at the start of leave but will not continue to accrue benefits during the leave period. This applies to sick leave, vacation, and any other accrued benefit. 

***

Mintz’s Employment practice is available to assist with MA PFML questions or compliance concerns you may have and will continue to provide additional guidance on MA PFML as issued by the Department.

Subscribe To Viewpoints