The Massachusetts Supreme Court has ruled that the Massachusetts Paid Family Medical Leave Act does not require an employer to guarantee the accrual of vacation and sick time during an employee’s leave. The Court said the law does not confer accrual rights. It ensures that the employee’s rights are not affected while the employee is on leave. It said the law specifies that employees continue to benefit from health insurance during leave, distinguishing health insurance benefits and all other benefits. The law requires that employees returning from leave receive no less of each enumerated benefit than what they had at the start of the leave. The temporary pausing of benefit accrual during leave is neither an adverse change in an employee’s benefits nor a retaliatory action.
WHY THIS IS IMPORTANT…While the law does not prevent employers from offering accrual benefits during leave, they are not required to do so.
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