On July 18, 2022, Massachusetts Governor Charlie Baker signed the Commonwealth’s Fiscal Year 2023 budget, which includes a major amendment to the Massachusetts Paid Family and Medical Leave Act (PFML).

With this amendment, employees will now have the option to use their accrued paid leave (i.e., sick, vacation, personal leave) to supplement their PFML benefits while on a PFML-qualifying leave. This is a significant change from when the PFML was first enacted, which required employees to choose either PFML partial wage replacement benefits or paid time off while on leave. Employees are permitted to “top off” their PFML benefits up to 100% of their weekly wages. This option remains with the employee, and employers cannot force the use of paid time off. The PFML amendment language can be found here.

Massachusetts employers should update their paid time off policies to comply with this PFML change. Also, employees that are currently on PFML leave should be notified that they can supplement their PFML benefits with accrued paid time off.