Massachusetts releases proposed regulations on paid leave

Analysis
Constangy FYI
On June 28, 2018, Massachusetts passed the Family and Medical Leave Law, and in so doing joined a handful of states that require employers to provide paid family and medical leave to their employees. The law applies to virtually all Massachusetts employers. Although covered employees will not be eligible to take paid leave until 2021, many obligations take effect this year, including the employer obligation to collect applicable taxes and employees’ payment (through wage deductions) of their payroll tax contribution.  
The Department of Family and Medical Leave, which was established under the Leave Act as a department of the Commonwealth’s Executive Office of Labor and Workforce Development, is responsible for issuing regulations implementing the law. Yesterday, the Department published its draft regulations for public input. 
The draft regulations cover a host of issues, including
  • The interaction between leave under the Act and other leave laws
  • Employer registration and filing requirements
  • The allocation of contributions between family leave and medical leave
  • The maintenance and auditing of private, employer-sponsored leave plans, and
  • The approval and processing of benefits claims.  
Ellen Kearns and I will be back soon with an in-depth analysis of the draft regulations.
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