Massachusetts’ Paid Family and Medical Leave (PFML) law has been changed to allow employees to supplement (or “top off”) their PFML benefits with any available paid leave accrued under an employer’s policy, including but not limited to sick, vacation, and personal time. The combined amount of PFML benefits and paid time off can’t exceed the employee’s average weekly wage. These changes apply to applications for PFML benefits filed on or after November 1, 2023.
Previously, employees could only top off state-provided PFML benefits with employer-provided disability or paid family or medical leave benefits (except during the unpaid waiting period when any employer-provided paid leave could be used).
According to the Department of Family and Medical Leave (DFML), employers should tell their employees about this change and will be responsible for ensuring that the combined weekly amount of PFML benefits and any accrued paid leave doesn’t exceed the employee’s average weekly wage.