The Massachusetts Department of Family and Medical Leave (DFML) recently issued updates to the Paid Family and Medical Leave Act (PFML). Included in the 2024 updates are changes to the required workplace poster and employee notices, which can be found here.

Massachusetts employers are required to provide written notice to their current workforce regarding PFML benefits and contribution rates, which are updated annually. For employees to be covered under the PFML, the minimum earning requirement for 2024 has increased from $6,000 to $6,300.  A covered individual must meet this required amount during the last four completed calendar quarters and have earned at least thirty times the benefit amount for which the individual is eligible. The employee’s average weekly earnings will determine their PFML benefit, which is capped at $1,149.90 per week.

Massachusetts employers are required to display a poster outlining PFML benefits in a location within the workplace where it can be easily read. The poster must be in English and in each language that is the primary language of five or more employees, if translations are available from the DFML. Additionally, employers with private plans will now be required to write in the name and contact information of the private insurer administering the private plan, as well as confirmation as to whether the plan covers medical benefits, family benefits, or both.

For new employees, employers must issue an individual notice within thirty days of each new hire. Each new employee should return a signed form to the employer, or if an employee declines to sign, the employer should document that the employee declined to receive the information. Based on recent DFML guidance, the 2024 notices also address “topping off,” which requires employers to provide employees with the option to supplement their PFML compensation with any available paid leave to which they are entitled. For current employees, employers are required to provide notice of the updated 2024 rates thirty days in advance of the rate change. The notice may be provided electronically or in hard copy, and an updated signature from current employees is not required.

For more information on the MA PFML, recent updates, and for assistance with implementation and compliance, please contact Nelson Mullins.