Massachusetts Employees May “Top Off” Weekly PFML Benefits

Employees who apply for Paid Family and Medical Leave (PFML) benefits on or after November 1, 2023 through the Commonwealth of Massachusetts’ Department of Family and Medical Leave (DFML) may choose to supplement (i.e. “top off”) weekly benefit amounts with their accrued vacation pay, sick pay, or other paid time off benefits, up to the amount of the employee’s average weekly wage. Previously, only employees receiving PFML benefits through private insurers were able to supplement weekly benefits amounts with accrued paid time off benefits.

Employees cannot be required to use accrued paid time off to supplement PFML benefits. Employees may continue to use their accrued paid time off during the unpaid 7-day waiting period.

The combined total of an employee’s PFML benefits and any “top-off” payments should not exceed the employees’ average weekly wage. There is no current requirement to report “top-off” amounts to the DFML.

All employers, including those who offer PFML benefits through the state and those who have private insurance, should review their policies to ensure compliance with this new change in the law.