Massachusetts Employees May Now Top Off Paid Family and Medical Leave Benefits with Vacation, PTO, and Sick Time

Headshot - Peg O'Brien
Margaret "Peg" O'Brien
Director, Litigation Department and Chair of the Employment Law Group
Published: Employment Law Business Guide
November 27, 2023

The Massachusetts Paid Family and Medical Leave (“PFML”) law now permits employees to “top off” benefits received through the state Department of Family and Medical Leave (“DFML”) with employer-provided accrued paid time off (e.g., vacation, PTO, or sick time).  This new change allows employees to elect whether to supplement their PFML benefits with paid time off.  Employers still cannot require employees to use their accrued paid leave either before or while on PFML; it is up to employees to elect whether or not to supplement their PFML benefits with paid time off.  This change was part of the recently passed fiscal year 2024 budget and is in effect for all new applications for PFML benefits as of November 1, 2023.

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