The highest state court in Massachusetts, the Supreme Judicial Court (“SJC”), recently declared that the Massachusetts Paid Family and Medical Leave Act (“PFMLA”), General Laws c. 175M, does not require an employer to guarantee the accrual of vacation and sick time during an employee’s PFMLA leave. Among other things, PFMLA gives eligible employees the right to take paid leave to bond with their child during the first year after the child’s birth, adoption, or placement in foster care.
In the matter of Bodge, et al. v. Commonwealth, et al., SJC-13567, slip op. (Sept. 13, 2024), State troopers who sought leave in connection with the birth of a child sued Massachusetts and the heads of the State Police and the State Board of Retirement. One basis of their suit was that “…the defendants’ policy of denying the accrual of benefits, including seniority, length-of-service credit, and vacation and sick time while on PFMLA leave, was a violation of [PFMLA]…” As further described by the SJC, the “…defendants informed the plaintiffs that if they took leave under the PFMLA, they would lose their seniority and would not accrue vacation and sick time, or length-of-service credit while on leave. As a result of these policies, a number of plaintiffs took advantage of other leave options instead, or decided not to take leave at all.”
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