The highest state court in Massachusetts, the Supreme Judicial Court (“SJC”), recently declared that the Massachusetts Paid Family and Medical Leave Act (“PFMLA”), General Laws c. 175M, does not require an employer to guarantee the accrual of vacation and sick time during an employee’s PFMLA leave. Among other things, PFMLA gives eligible employees the right to take paid leave to bond with their child during the first year after the child’s birth, adoption, or placement in foster care.
In the matter of Bodge, et al. v. Commonwealth, et al., SJC-13567, slip op. (Sept. 13, 2024), State troopers who sought leave in connection with the birth of a child sued Massachusetts and the heads of the State Police and the State Board of Retirement. One basis of their suit was that “…the defendants’ policy of denying the accrual of benefits, including seniority, length-of-service credit, and vacation and sick time while on PFMLA leave, was a violation of [PFMLA]…” As further described by the SJC, the “…defendants informed the plaintiffs that if they took leave under the PFMLA, they would lose their seniority and would not accrue vacation and sick time, or length-of-service credit while on leave. As a result of these policies, a number of plaintiffs took advantage of other leave options instead, or decided not to take leave at all.”
At issue was the interpretation of Sections 2(e) and 2(f) of the PFMLA. Section 2(e) guarantees that “[a]n 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.”
Despite this language, the plaintiffs contended that the first sentence of Section 2(f) gave them the right to continued accrual of length-of-service credit and vacation and sick time to employees while on PFMLA. Section 2(f) provides: “The taking of family or medical leave shall not affect an employee’s right to accrue vacation time, sick leave, bonuses, advancement, seniority, length-of-service credit or other employment benefits, plans or programs. During the duration of an employee’s family or medical leave, the employer shall provide for, contribute to or otherwise maintain the employee’s employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if the employee had continued working continuously for the duration of such leave.”
However, the SJC found that Section 2(f) “…does not confer accrual rights. Instead, it ensures that any such rights that the employee already has are ‘not affect[ed]’ while the employee is on leave… The second sentence of § 2(f) supports our interpretation. It specifies that employees do continue to benefit from health insurance during PFMLA leave, thereby drawing a distinction between health insurance benefits and all other benefits.”
Key Takeaways for Employers
Employers should review their leave policies to ensure they are current and clearly set out its and its employees rights and duties before, during and after the PFMLA leave period.
Questions regarding PFMLA may be directed to any member of McLane Middleton’s Employment Law Practice Group. PFMLA was implemented only a few years ago and has not yet been subject to extensive litigation. We anticipate that there will be additional court rulings interpreting the statute. McLane Middleton will continue to monitor and provide updates on new developments under the PFMLA.