By Mark Adams
The Massachusetts Supreme Judicial Court (SJC) has ruled that the Massachusetts Paid Family and Medical Leave Act does not require the accrual of benefits during the course of a leave taken under that state law.
The case involved Massachusetts State Troopers who had sought to take leave in connection with the birth of a child – which is a covered reason under the Massachusetts Paid Family and Medical Leave Act (MGL chapter 175M). When informed of the state’s policy denying the accrual of benefits including seniority, length-of service credit, as well as vacation and sick time while out on PFML leave, they sued contending that the failure to accrue benefits while on leave violated the Act.
In response to the complaint, the state filed a motion to dismiss which was granted. In upholding the lower court’s ruling, the SJC found that the law does not confer accrual rights during a leave, but “instead, it ensures that any such right that the employee already has are ‘not affect[ed]’ while the employee is on leave.” (Bodge v. Commonwealth)
[Editor’s note: Put another way, the law allows someone to return to what they had when they went out which is also in effect what is also stated in the regulations that were issued by the Department of Paid Family Leave as well. However, while the law and its regulations set a minimum standard, an employer could set a more generous standard as a matter of policy. Thus, while the law does not “confer” accrual rights, employers need to be wary if their policies do because an employer who holds themselves out in a way to convey accrual rights under their leave policy only to later not deliver on those assurances could hold themselves out to some risk to a retaliation claim potentially. Similarly, it is also prudent to try to treat your leave practices in a consistent manner as well to avoid the appearance of treating Mass. Paid Family and Medical Leave more harshly than other personal or unpaid leaves. ]