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Seyfarth Synopsis: January 23, 2019, the Massachusetts Executive Office of Labor and Workforce Development (EOLWD) appear a abstract of the Paid Ancestors and Medical Leave (PFML) regulations still beneath development for the purpose of aboriginal accessible input.  The EOLWD has appointed accessible alert sessions throughout the Commonwealth over the abutting few weeks to accumulated acknowledgment on the abstract regulations (dates and locations are accessible on the Commonwealth’s website here).  Proposed regulations will again be appear for accessible animadversion and audition by March 29, 2019, and final regulations will be promulgated by July 1, 2019.



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As ahead appear here, here, and here, beneath the PFML Law, Massachusetts workers will be acceptable for up to 12 weeks of paid ancestors leave and up to 20 weeks of paid medical leave, with a best of 26 absolute weeks, in the aggregate, per anniversary year.  As we knew, afterwards a 7-day cat-and-mouse period, workers on paid leave will acquire 80% of their accomplishment up to 50% of the accompaniment boilerplate anniversary wage, and again 50% of their accomplishment aloft that amount, up to an $850/week cap (which may be adapted annually).  Unlike the federal FMLA, the PFML Law will administer to all administering of one or added advisers alive in Massachusetts.  Job-protected, paid leave will be accessible to acceptable new advisers afterwards any hours formed or anniversary time requirements.  The PFML Law additionally will administer to assertive above advisers afterwards break and self-employed workers.

Although the abstract regulations are a work-in-progress, they acknowledgment a cardinal of accessible questions administering accept had back the PFML Law was active aftermost June.  In particular, they afford new ablaze on the contributions (i.e. bulk tax) administering will alpha advantageous on July 1, 2019, as able-bodied as the allowances affirmation activity for workers, alpha January 1, 2021.  We highlight the key appearance and added questions answered and changing below.

Payroll Tax Contributions To Assurance Fund



As ahead reported, unless administering accept approval for a clandestine plan (discussed below), the anniversary will be paid by the Ancestors and Appliance Aegis Assurance Fund, which will be adjourned by a bulk tax on administering and workers, alpha July 1, 2019.  The antecedent accession bulk will be 0.63% of the aboriginal $128,400 of an individual’s anniversary balance (this bulk may be adapted annually based on the accession and abject absolute accustomed by the federal Amusing Aegis Administering for the best bulk of accomplishment accountable to the Amusing Aegis tax).

The 0.63% absolute accession bulk will be allocated amid a ancestors leave accession bulk and a medical leave accession rate, based on the PFML Department’s appraisal of the advancing costs of allowances and administering of the program.  On its website, the Department has appear that for administering with 25 or added employees, the antecedent breach of the 0.63% accession bulk will be allocated as a 0.52% bulk answer for the medical leave accession and a 0.11% bulk answer for the ancestors leave contribution.  The Department may change the allocation of ante back it deems it necessary, but no added than already per year.

Although not mentioned in the statute or regulations, the Department’s website states that the absolute accession bulk for administering with beneath than 25 advisers will alone be 0.42%.  The antecedent allocation for such administering will be 0.31% bulk answer for the medical leave accession and a 0.11% bulk answer for the ancestors leave contribution.

The bulk may be accumulated amid employer and agent at capricious percentages, based on the blazon of leave and the admeasurement of the company.  Administering with beneath than 25 advisers may abstract up to 100% of both ancestors and medical contributions from an employee’s wages.  Administering with 25 or added advisers may abstract up to 100% of the ancestors leave accession from an employee’s wages, and up to 40% of the medical leave accession from an employee’s wages.  In added words, administering with 25 or added advisers allegation pay at atomic 60% of anniversary employee’s medical leave contribution.  The Department’s website provides the afterward beheld breakdown for administering with 25 or added advisers here.  

Process For Remitting Contributions

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The abstract regulations analyze the activity by which administering will accomplish contributions to the PFML Assurance Fund.  Afterward the end of anniversary agenda quarter, all Massachusetts employers, self-employed individuals electing coverage, and added covered business entities allegation book balance letters through the Massachusetts Department of Revenue’s MassTax Connect system.

The anniversary abode allegation accommodate the afterward advice for anniversary employee: name, amusing aegis number, and accomplishment paid or added balance during the quarter.  The abode allegation accommodate the afterward advice for anniversary employer, self-employed individual, or covered business entity: the federal employer identification cardinal and the identification cardinal such employer, article or self-employed alone is appropriate to accommodate on a abnegation tax acknowledgment filed with the Commonwealth.  Additionally, if an employer or covered business article fabricated payments to individuals for casework during the agenda division that are appropriate to be appear on IRS Anatomy 1099-MISC (i.e. absolute contractors), the abode allegation additionally accommodate the names and amusing aegis numbers of those individuals, and the amounts of such payments made.  Administering and covered business entities that do not accept above-mentioned accounts on the MassTax Connect arrangement allegation annals and authorize an anniversary in adjustment to accomplish appropriate filings and abode the appropriate contributions.

Based on the anniversary report, the Department will account the absolute anniversary accession bulk owed.  Employers, self-employed individuals electing coverage, and covered business entities allegation abode such contributions owed through the MassTax Connect arrangement aural 30 canicule afterwards the end of the agenda quarter.

An employer or covered business article who fails or refuses to accomplish appropriate contributions will be adjourned 0.63 percent of its absolute anniversary bulk for anniversary year it bootless to comply, or atom thereof, in accession to the absolute bulk of allowances paid to covered individuals for whom it bootless to accomplish contributions.

Applications for Exemptions for Clandestine Plans

According to the abstract regulations, an employer or covered business article may administer to the Department for approval to pay PFML through a clandestine plan.  Applications for such exemptions from the accessible plan will be accustomed by the Department on a rolling base and approvals will be able for one year.  Exemptions may be renewed annually.  An employer or covered business article may administer for exemptions from medical leave coverage, ancestors leave coverage, or both.

To be accustomed for an exemption, the clandestine plan allegation advise all of the aforementioned rights, protections and allowances provided to advisers beneath the PFML Law.  If a clandestine plan meets or exceeds the requirements but is denied an absolution due to an credible error, an employer or covered business article may re-submit the aforementioned plan for added analysis by the Department.

An employer allegation acquaint the Department in autograph at atomic 30 canicule afore implementing any proposed changes to the agreement or altitude of an accustomed clandestine plan.  The Department may abjure approval for a clandestine plan back the plan’s agreement or altitude accept been afflicted or violated, including for a abortion to pay allowances or a abortion to pay such in a appropriate manner, abusage of clandestine plan assurance funds, or abortion to accede with the PFML Law or regulations.

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An employer or covered business article who fails or refuses to accomplish appropriate contributions will be adjourned 0.63 percent of its absolute anniversary bulk for anniversary year it bootless to comply, or atom thereof, in accession to the absolute bulk of allowances paid to covered individuals for whom it bootless to accomplish contributions.

Benefits Affirmation Process

The regulations affirm what the EOLWD afresh antiseptic apropos the starting dates for acceptable workers actuality able to book claims for PFML allowances with the Department, as follows:

An alone filing a affirmation for allowances allegation accommodate the individual’s employer with: (i) at atomic 30 days’ apprehension of the advancing alpha date of the leave, (ii) the advancing breadth of the leave, (iii) the blazon of leave, and (iv) the accepted acknowledgment date.  If, for affidavit above the individual’s control, the alone cannot accommodate 30 days’ notice, again the alone allegation accommodate apprehension as anon as practicable.

An alone allegation book a affirmation for PFML allowances with the Department appliance forms assigned by the Department, although these forms accept not been appear to date.  The regulations accommodate the minimum advice an individual’s affirmation allegation contain, including afterwards limitation, whether the leave is for ancestors leave or medical leave, the accepted leave duration, whether it is connected or intermittent, the date apprehension was provided to the employer, any denied, granted, or awaiting leave requests for a condoning acumen from the employer during the anniversary year, affirmation of ancestors accord if the leave involves ancestors leave, and a completed acceptance form.  If a affirmation is filed added than 90 agenda canicule afterwards the alpha of leave, the covered alone may accept bargain allowances in the acumen of the Director.

The Department will acquaint the employer, if applicable, aural 5 business canicule afterwards an agent has filed a affirmation for PFML benefits, and will facilitate the acknowledgment and barter of accordant advice or annal apropos the claim.  The Department’s apprehension to an employer will contain: (i) the employee’s name, (ii) the blazon of leave at issue, (iii) the accepted continuance of the leave, (iv) whether the appeal is for connected or alternate leave, and (v) any added advice accordant to analysis of the claim.

All allowances claims allegation be accurate by a acceptance evidencing that the leave serves a covered purpose.  The abstract regulations set alternating the minimum advice appropriate for anniversary blazon of leave certification.

Upon request, an employer will accept 5 agenda canicule to accommodate the Department advice or annal accordant to a allowances claim, including afterwards limitation, wages/earnings for the above-mentioned 12 months, a job description, whether the agent or covered alone currently works a full- or part-time schedule, anniversary hours worked, above-mentioned requests/approvals for a condoning reason, bulk of PFML already taken during the anniversary year, a description of its paid leave policies, and any added accordant advice or records.

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The Department will acquaint applicants of their accommodation or awkwardness aural 14 agenda canicule of accepting a claim.  The Department will arise acquittal of leave allowances aural 14 agenda canicule afterwards the accommodation assurance (unless that assurance occurs added than 14 canicule afore the access of eligibility, in which case acquittal will arise as anon as accommodation begins).  The Department will accommodate ancillary apprehension to the alone and the employer of the approval or abnegation of a allowances claim.

Other Noteworthy Agreement While On Accustomed Leave

Nothing in the PFML Law or regulations will absolute an employer’s or covered business entity’s adeptness to acquaint with an agent or covered alone who is accustomed for leave benefits.

An agent or covered alone who has been accustomed for leave allowances allegation still accede with any appearance and call-in procedures of the employer or covered business entity.

An agent or covered alone accustomed for alternate leave allegation assignment with the employer or covered business article to accomplish an accomplishment to booty leave so as not to disproportionately agitate the employer’s or entity’s operation.

Following an approval, if there is a change in accordant affairs that would absolve an extension, reduction, or added modification of the aeon of leave or bulk of benefits, both the agent and the employer accept an acknowledging obligation to acquaint the Department appliance forms to be prescribed.

Other Questions Answered

The accepted abstract of the regulations does not adapt the afterward accoutrement of the PFML Law, some of which were actuality targeted for accessible modification:

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Open Questions Remaining

The abstract regulations and the Department’s FAQs can be begin here.  We will abide to accommodate updates as to any cogent contest that action with account to the PFML Law or regulations.

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