What Is PFML?

Paid Family and Medical Leave (PFML) is a Massachusetts program
that allows employees to take paid time off for family or
medical reasons. It is funded by employer and employee contributions and is
separate from the federal Family and Medical Leave Act (FMLA). Eligibility,
qualifying reasons, and procedures are set out in Chapter 175M of the Massachusetts General Laws.

PFML not only provides paid leave; it also protects employees from retaliation
and discrimination for exercising their rights. The sections below explain
those protections.

PFML Protections

Some safeguards begin as soon as you notify your employer of
your intention to take PFML leave—for example, protection against retaliation.
Others start once your leave begins (such as continued health-insurance
coverage). When you return, PFML guarantees:

• Reinstatement to the same or an equivalent position
• Preservation of any benefits you had before leave

The Right to Return to the Same Position

When your PFML leave ends, your employer must restore you to the
same (or an equivalent):

1. Status
2. Pay
3. Employment benefits
4. Length-of-service credit
5. Seniority

Exceptions

1. Reductions in force: If similarly situated coworkers
   were laid off for economic or operational reasons during your leave,
   reinstatement is not required.
2. Term/project roles: If your job was tied to a specific
   term or project that ends during your leave, reinstatement is not
   required.

Even in these situations, you keep any
preferential consideration for other openings that you enjoyed
when your leave began.

Accrual of Benefits

Your employer may not cut, pause, or stop your ability to
earn vacation, sick time, seniority, or other benefits once
you resume work. Time spent on PFML does not have to count toward
accruals, but accrual must restart unaltered on your return.

Example: If you earn two vacation days per month and take a one-month
PFML leave, you do not earn vacation during that month—yet you must resume
earning two days per month immediately upon return.

Retaliation and the Six-Month Rule

What Counts as Retaliation?

Employers may not punish you because you:

• Took or applied for PFML
• Announced plans to take PFML
• Filed a PFML-related complaint

Forbidden actions include termination, discipline, demotion, pay cuts, hour
reductions, negative changes to terms or conditions, threats, or other forms
of discrimination.

The Presumption of Retaliation

Any negative employment action during leave
or within six months after leave is presumed unlawful.
Your employer—not you—must prove, by
clear and convincing evidence, that the action was entirely unrelated
to your PFML leave.

Remedies if Your Employer Retaliates

If the employer cannot meet that burden and is found liable, a court may order:

• Reinstatement to your position (or an equivalent one)
• Restoration of lost benefits and seniority
• Treble damages: three times lost wages, benefits, and other compensation
• Payment of court costs and attorneys’ fees

Potential for Punitive Damages

PFML also allows tort-style remedies, including
punitive damages where an employer’s conduct is especially
egregious—e.g., a blanket policy of demoting every employee who requests PFML.
Punitive awards deter both the offending employer and others from similar
misconduct.

Need Advice?

If you believe your employer retaliated against you for exercising PFML rights,
contact us:

Phone: (617) 338-9400

Email: info@masswagelaw.com

We will assess your case at no charge.