In one of the first decisions interpreting the Massachusetts Paid Family and Medical Leave Act (PFMLA), the Supreme Judicial Court (SJC) held that the PFMLA does not require an employer to allow employees to accrue benefits, such as vacation time and sick time, during PFMLA leave. Bodge, et al. v. Commonwealth, et al., SJC-13567, slip op. (Sept. 13, 2024).

In this case, a group of state troopers sued the State Police, claiming the State Police’s policy of not providing for accrual of employee benefits, including vacation time and sick time, while the employees were on PFMLA leave violated the PFMLA. The SJC held that the State Police’s policy of not providing for accrual during the leave did not violate the PFMLA.

The SJC noted the PFMLA states, “An employee who has taken family or medical leave shall be restored to the employee’s previous position or to an equivalent position, with the same status, pay, employment benefits, length-of-service credit and seniority as of the date of leave.” The SJC held that this part of the statute simply required that an employee’s benefits remain unchanged, not increased or decreased, from when they begin leave to when they return from leave. Thus, an employee returning from PFMLA leave can continue to accrue benefits as if the employee never took the leave, but the employee does not have the right to continue accruing benefits during the leave.

Employers should review their policies and practices with counsel to ensure compliance with the PFMLA.

Photo of Brian E. Lewis Brian E. Lewis

Brian E. Lewis is a principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He exclusively represents management in all facets of workplace law.

Brian routinely advises clients regarding day-to-day employment issues, such as employee discipline and discharge, disability management issues, proper…

Brian E. Lewis is a principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He exclusively represents management in all facets of workplace law.

Brian routinely advises clients regarding day-to-day employment issues, such as employee discipline and discharge, disability management issues, proper payment of wages, reductions in force, and restrictive covenants. Brian also has experience in representing clients on traditional labor law issues and has appeared before the National Labor Relations Board. He also regularly conducts training programs for employers on a variety of employment-related topics, and is a regular speaker at industry seminars on labor and employment law issues.

Brian has extensive experience representing employers in all types of employment litigation matters, such as claims alleging employment discrimination, wrongful discharge, sexual harassment, and failure to pay wages. Brian also has litigated numerous wage and hour law cases. Specifically, Brian has advised and defended companies in class actions alleging violations of state wage law and collective actions alleging violations of the federal Fair Labor Standards Act. Brian also advises companies on state and federal prevailing wage law and defends companies in audits conducted by the Massachusetts Attorney General’s Office and other agencies.

Brian regularly litigates in both state and federal court, as well as before various governmental agencies, including the Massachusetts Commission Against Discrimination, the Massachusetts Attorney General’s Office, the United States Equal Employment Opportunity Commission, the United States Department of Labor, and the Occupational Safety and Health Administration.