2021 Edition LEAVES of ABSENCE A REFERENCE GUIDE ASSOCIATED INDUSTRIES OF MASSACHUSETTS STATE LAW Massachusetts Paid Family Medical Leave Act (MPFML) Massachusetts Parental Leave Act (MPLA) Massachusetts Domestic Violence Leave Massachusetts Earned Sick Time (EST) 800.470.6277 The Small Necessities Leave Act (SNLA) Pregnant Workers Fairness Act FEDERAL LAW The Family and Medical Leave Act (FMLA) Military Leave EMPLOYER HOTLINE EMPLOYER aimnet.org | 617.262.1180 | @AIMBusinessNews 2021 Edition LEAVES of ABSENCE A Reference Guide aimnet.org | 617.262.1180 | @AIMBusinessNews Employment Laws for Massachusetts Companies: A Reference Guide. ©2020 AIM Service Corporation, Inc. All rights reserved. The content of this publication is provided for educational and informational purposes only and is not intended and should not be construed as legal advice or opinion. Legal counsel should be consulted for legal planning and advice. ASSOCIATED INDUSTRIES OF MASSACHUSETTS One Beacon Street, 16th Floor Boston, MA 02108 AIM engages in public policy work on behalf of thousands of Massachusetts employers who together employ one out of five residents of the commonwealth. We do so guided by the belief that only a vibrant, private-sector economy creates opportunity that binds the social, governmental, and economic foundations of our commonwealth. Our top-notch government affairs advocates work tirelessly on Beacon Hill and Capitol Hill in support of the issues that matter to employers: the cost of health care and energy; employment law; the legislative budget, taxes, and finance; and workforce development and regulations. Any member interested in learning more about AIM’s public policy work may contact Bradley A. MacDougall, Vice President, Government Affairs, at 617-262-1180 or [email protected]. For more information, visit www.aimnet.org or follow us on Twitter @AIMBusinessNews. AIM Human Resource Hotline: 800-470-6277 The AIM HR Hotline, a ready resource for AIM members, responds to hundreds of questions each month on topics such as employment law, employee relations, policies and procedures, compensation, employee benefits, performance management, discipline and discharge, and employment trends. AIM HR Solutions works with organizations to align their HR strategy to current business goals and objectives. • Talent management, which focuses on workforce planning, recruitment, retention, employee training and development, and the full life cycle of the employee. • HR strategies, which address a company’s strategic direction in areas such as compensation, benefits, and the overall HR plan. • Compliance to assist employers in understanding and complying with the ever-increasing number of regulatory issues that govern HR. Our knowledgeable staff can assist directly with the implementation of programs and policies, and provide HR expertise on projects that arise in the day-to-day business of maintaining excellence in employer-employee relations. For more information, please visit AIMHRSolutions.com. 3 ABOUT THIS GUIDE This guide provides information on federal and state laws that establish mandated job protected leave for employees. It also includes information on discretionary leaves. Given the number of new and amended leaves of absence laws that apply in Massachusetts, the guide has been rewritten to encompass all of the new devel- opments. The applicability, eligibility, frequency and duration elements of each leave law vary by statute. That means that coverage under some of the laws may overlap and thus run concurrently though not always. The applicability of these laws to a particular employer is governed by different eligibility thresholds including number of employees, duration of employment and employee status (full-time, part-time, etc). Each employer should pay careful attention to these thresholds to determine if that law applies to its business. The guide covers two federal laws, the Family and Medical Leave Act (FMLA), and the Uniformed Services Employ- ment and Reemployment Act (USERRA). It also includes information on seven Massachusetts leave laws, including the new Paid Family and Medical Leave Act (PFMLA), Massachusetts Parental Leave Act (MPLA), the Small Neces- sities Leave Act (SNLA), Domestic Violence Leave Act (DVLA), Earned Sick Time (EST), the Military Leave Law and the Pregnant Workers Fairness Act (PWFA). This guide also includes information on minor leave laws including Jury Duty/Witness Leave, Meal Breaks/Rest periods, Voting, paid Holidays, and Nursing/Breastfeeding. The guide also includes information on many of the most common employer-based discretionary leaves such as vacation, bereavement, “coffee” breaks, scheduled shutdowns and personal leaves of absence. It is not intended to be a complete analysis of the laws and employer practices but to address what generally happens when an employee requests, or an employer designates, a leave under statute or policy. All citations for the employment statutes are to the Massachusetts General Laws (MGL). 4 CONTENTS I. The Family and Medical Leave Act (Federal) ........ 6 V. Massachusetts Domestic Violence Leave .......... 24 A. Overview . .6 A. Overview . 24 B. Definitions.....................................6 B. Definitions....................................24 C. Requesting/Designating FMLA Leave C. Purposes of the law............................25 Whose responsibility is it? . .8 D. Unpaid leave..................................25 D. Medical Certification Process . 9 E. Notification requirements ......................25 E. FMLA for Families of Military Personnel............9 F. Documentation . .25 F. Establishing a Company FMLA Policy . 9 G. Document Retention ...........................25 G. Posting and Forms.............................10 H. Recordkeeping ................................11 VI. Massachusetts Earned Sick Time Leave Law ....... 26 I. Benefits Continuation ..........................11 A. Overview ....................................26 J. Returning from FMLA Leave.....................12 B. Definitions . .26 K. COBRA .......................................13 C. Earned sick time uses . 27 L. FMLA Frequently Asked Questions . 13 D. Amount of Leave . 27 E. Documenting Leave............................27 II. Uniformed Services Employment and Reemployment F. Notice to employers ...........................27 Rights Act (USERRA) leave (Federal) ..............14 G. Limitations on Employers.......................27 A. Overview .....................................14 H. Sick Leave and Paid Time Off (PTO) policies . .27 B. Definitions....................................14 I. Notice to employees ...........................28 C. Reemployment Rights and Limitations............14 D. Reemployment Positions . .15 VII. The Small Necessities Leave Act (State) .......... 28 E. Continuation of Health Plans ....................15 A. Overview . 28 F. Poster . .15 B. Definitions....................................28 G. Frequently asked questions .....................15 C. Requesting/Designating Small Necessities Leave - Whose responsibility is it? . 28 III. The Massachusetts Paid Family and Medical D. Company Policy and Posting Requirements . .28 Leave Act .....................................16 E. Leave Granted to Exempt Employees.............29 A. Overview . 16 F. Relationship Between the FMLA and SNLA . 29 B. Key Definitions ................................16 C. Leave Benefits . 16 VIII. Military Leave (State) ......................... 29 D. Contributions .................................18 IX. Pregnant Workers Fairness Act .................. 29 E. Workplace poster..............................18 F. Notification to Employees ......................18 X. Other Mandatory Leaves/Breaks .................30 G. Weekly Benefits ...............................19 A. Jury Duty and Witness Leave . 30 H. Requesting leave . 20 B. Meal Breaks . 30 I. DFML Notice and Appeals Process . 20 C. Nursing/Breastfeeding . .31 J. Prohibited acts/penalties . .20 D. Voting . .31 K. Self-employed individuals.......................21 XI. Discretionary Leaves/Time-off ....................31 L. CONCURRENT LEAVES..........................22 A. Coffee Breaks/Rest Periods . .31 IV. Massachusetts Parental Leave Act ................ 22 B. Holidays . .31 A. Overview .....................................22 C. Vacation......................................31 B. Definitions....................................22 D. Bereavement . .32 C. Use of Accrued Vacation, Personal and Sick Time E. Scheduled shutdowns . .32 During Parental Leave..........................22 F. Short Term Disability/Long Terms Disability . 32 D. job Restoration after Leave . .22 G. Discretionary Leave of Absence . .32 E. Sex Discrimination Issues.......................23 XII. Resources .................................... 33 F. Pregnancy-Related Medical Conditions as a Disability . .23 G. Concurrent Leaves.............................23 H. Notice and Posting Requirements................24 I. MPLA Questions and Answers . 24 5 I. THE FAMILY AND MEDICAL LEAVE ACT (Federal) All Massachusetts based employers with one or more employees must prepare for the new Massachusetts Paid Family and Medical Leave Act which is being phased in between now and July 2021. While some aspects of the PFMLA are the same or similar to the FMLA, many sections are not and need close attention to ensure compliance. A. OVERVIEW The Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to grant eligible employees up to 12 weeks of unpaid leave