The Department of Family and Medical Leave (DFML) just issued final regulations implementing the Massachusetts Paid Family and Medical Leave Law (PFMLL). Employees will become eligible for paid time off under the PFMLL starting on January 1, 2021. Between now and then, we anticipate that the DFML will be issuing additional guidance on the logistics, sample healthcare provider certification forms, and other compliance assistance information and documents. In the meantime, we are pleased to provide this HRW Client Alert discussing a number of important “big picture” issues raised by the regulations for employers to consider now.
Articles Discussing General Topics In Massachusetts Labor & Employment Law.
Massachusetts Designates Juneteenth as a State Holiday, Creating a New Obligation for Many Retail Employers
On Friday, July 24, 2020, Governor Baker signed a bill designating Juneteenth (June 19th) as an annual state holiday in Massachusetts. In doing so, Governor Baker stated that this designation would help “recognize the continued need to ensure racial freedom and equality.” This designation also creates new obligations for
COVID-19 Travel Order Takes Effect August 1, 2020
On July 24, 2020, Massachusetts Governor Charlie Baker issued COVID-19 Order No. 45, an “Order Instituting a Mandatory 14-Day Quarantine Requirement for Travelers Arriving in Massachusetts,” which takes effect August 1. Please click here for a copy of the Order. Massachusetts Department of Public Health (DPH) issued related guidance, which is available by clicking here.
Massachusetts Issues Stronger Travel Restrictions
Massachusetts has issued strict new travel restrictions, including quarantine requirements, unless the person is coming from a “lower-risk state,” has proof of a negative COVID-19 test, or meets certain narrow exemptions.
In response to the COVID-19 epidemic, Massachusetts had initially issued “instructions” asking visitors to the Commonwealth from out-of-state
Phase III of Massachusetts Reopening Starts July 6
Massachusetts Governor Charlie Baker announced that Phase III of the Massachusetts Reopening Plan will begin on Monday, July 6, 2020 along with an updated order on gatherings. For the City of Boston, Phase III and the gatherings order will take effect on Monday, July 13. Phase III allows additional sectors to reopen, including gyms, fitness centers, and museums. Governor Baker stated that this phase will last significantly longer than the first two phases. He also stated Phase IV will not begin until there are therapeutics or a vaccine available.
Resources for Reopening Your Massachusetts Workplace
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Massachusetts Paid Family and Medical Leave: Draft Revisions to Regulations
On May 14, 2020, the Massachusetts Department of Family and Medical Leave (DFML) issued revised draft regulations to accompany the Massachusetts Paid Family and Medical Leave (PFML) law. The draft regulations come approximately one year after the DFML published “final” regulations and contain many substantive revisions, likely in response to
Main Street Lending Program — Federal Reserve Bank of Boston Issues Required Forms and Revised Guidance
On May 27, 2020, the Federal Reserve Bank of Boston (FRBB) released the legal forms and agreements for eligible borrowers and eligible lenders to participate in the Main Street Lending Program (MSLP). The FRBB also published updated Frequently Asked Questions (FAQs), which include numerous new questions and answers regarding eligibility,
MA Department of Family and Medical Leave Announces Update to Regulations
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Massachusetts Adopts Four-Phase Approach to Reopening
On May 18, 2020, Massachusetts Governor Charlie Baker announced details of the Baker-Polito administration’s four-phase approach to reopening Massachusetts and released guidelines and requirements for businesses resuming operations. The process will be data-driven and fluid with the expectation that there will be at least three weeks before the start of
Massachusetts Department of Family and Medical Leave Proposals Affecting Private Plan Exemptions
The Massachusetts Department of Family and Medical Leave’s (DFML) proposed amendments to existing regulations for the Massachusetts Paid Family and Medical Leave Act (PFMLA) include significant changes relating to the private or self-funded plan exemption. Employers offering approved private plans may be exempt from making PFMLA contributions. The start date
Reopening Massachusetts: Information for Employers
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Massachusetts Releases Four-Phase Reopening Plan
On May 18, 2020, Massachusetts Governor Charlie Baker and the Massachusetts Reopening Advisory Board released the Reopening Massachusetts Report (the “Report”), which provides details regarding the state’s four-phase return-to-work plan. The Report provides that manufacturing facilities may reopen as of May 18, 2020, and certain other businesses, including offices
Proposed Amendments to the Massachusetts Paid Family and Medical Leave Regulations are Released for Public Comment
With less than eight months before benefits become available under the Massachusetts Paid Family and Medical Leave Law (PFML), the Massachusetts Department of Family and Medical Leave (Department) released proposed amendments to regulations previously finalized on July 1, 2019.
Massachusetts Agency Provides Guidance on Unemployment Benefits for Returning Employees and Employers’ Obligations
The Massachusetts Department of Unemployment Assistance (DUA) recently issued new guidance for employers, addressing a number of questions related to the effect returning to work will have on employees’ unemployment benefits and employers’ obligations. The guidance addresses topics including the effect on unemployment of an employee’s refusal to return
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