© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 151 even though benefits did not cover the employee’s full salary.904 These employees could only use accrued paid leave during the 7-day unpaid waiting period, unless they elected to use accrued paid leave instead of receiving MPFML benefits.905 With the change to the law, employees may elect to supplement their weekly MPFML benefit with accrued paid leave, up to the employee’s Average Weekly Wage (AWW).906 The DFML calculates the AWW from the amount the employee earned in their base period, which is the four completed quarters before the start of the employee’s benefit year.907 The AWW is the average amount of wages an employee earned per week in the two quarters within the base period when the employee earned the most money.908 If an employee worked two or fewer quarters, then the IAWW would be calculated based on the quarter in which the employee earned the most money.909 5. Maintaining Health Insurance and Other Benefits Employers must continue to maintain an employee’s employment-related health insurance benefits, if any, for the duration of the employee’s leave at the same level and under the same conditions as if the employee had continued working.910 The coverage must be maintained at same or equivalent terms, which includes the employee’s costs for such coverage, such as premium contributions, co-pays, and deductibles.911 Employers are not required to contribute to or maintain employment-related health insurance benefits for employees who are not receiving or are not eligible to receive such health insurance benefits when the employee’s leave begins.912 Upon reinstatement, an employee’s use of MPFML leave may not affect their right to accrue vacation time, sick leave, bonuses, advancement, seniority, length-of-service credit or other employment benefits, plans or programs.913 In other words, employees must be in the same or equivalent position when they return from MPFML without losing accrued length-of-service credit, vacation, and sick time. However, on September 13, 2024, the SJC held that employers are not required to allow employees to accrue vacation or paid sick leave during a covered leave.914 904 Id. 905 See https://www.seyfarth.com/news-insights/important-change-to-massachusetts-pfml-law-employees-may-supplement-topoff-pfml-benefits-with-vacation-pto-and-sick-time.html (last visited Mar. 6, 2025). 906 M.G.L. ch. 175M, § 1 (definition of “Average Weekly Wage”); 458 CMR 2.02 (same); https://www.mass.gov/importantchanges/important-legislative-changes-to-the-massachusetts-paid-family-and-medical-leave-program (last visited Mar. 6, 2025). 907 https://www.mass.gov/info-details/how-pfml-weekly-benefit-amounts-are-calculated-andor-changed (last visited Mar. 6, 2025). 908 Id. 909 Id. 910 M.G.L. ch. 175M § 2(f); 458 CMR 2.16 (2). 911 458 CMR 2.16 (2) 912 458 CMR 2.16 (2). 913 M.G.L. ch. 175M § 2(f); see also 58 CMR 2.16 (1). 914 Bodge v. Commonwealth, No. SJC-13567, 2024 WL 4177959 (Mass. Sept. 13, 2024).
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