The newly created Massachusetts Department of Family and Medical Leave released updated draft regulations on March 29th for the new Paid Family and Medical Leave law. The Department will hold several listening sessions in May throughout the state before issuing final regulations sometime before July, 2019. Below is an outline of the draft regulations with pertinent information for employers concerning their obligations under the law.
|Governing Agency||The Department of Family and Medical Leave (DFML) within the Executive Office of Labor and Workforce Development.|
|Benefit Administrator||The Department of Family and Medical Leave (DFML) within the Executive Office of Labor and Workforce Development. Except for employee notification, quarterly reporting, collecting and remitting contributions, employers are not involved in the benefit determination or payment of benefits. However, note that the DFML may contact the employer for information on an employee that applies for benefits. When this happens, employers will have 5 business days to respond to DFML.|
|Covered Employers||All employers (one or more employees) who are required to contribute to the Massachusetts Unemployment Insurance program (UI) must submit contributions on behalf of their employees to cover the portion of PFML contribution due from employees, as well as make their required employer contribution to the medical leave portion. Employers with fewer than 25 employees must submit contributions on behalf of their employees, however they are not required to pay the employer portion of the contributions for medical leave. Cities and towns are exempt but can opt in to the program; employers not covered by UI can also opt in to the program.|
|Eligible Employees||All employees who meet the monetary eligibility requirements of the state’s UI program (i.e. the employee must have earned 30 times the weekly unemployment benefit that the employee would be eligible to receive and must have earned at least $4,700 during the last four calendar quarters). No minimum hour requirement.
Additionally employees whose employer they contract with issues 1099-MISC to more than 50% of its workforce are covered employees.