In one of the first decisions interpreting the Massachusetts Paid Family and Medical Leave Act (PFMLA), the Supreme Judicial Court (SJC) held that the PFMLA does not require an employer to allow employees to accrue benefits, such as vacation time and sick time, during PFMLA leave. Bodge, et al. v. Commonwealth, et al., SJC-13567, slip op. (Sept. 13, 2024).

In this case, a group of state troopers sued the State Police, claiming the State Police’s policy of not providing for accrual of employee benefits, including vacation time and sick time, while the employees were on PFMLA leave violated the PFMLA. The SJC held that the State Police’s policy of not providing for accrual during the leave did not violate the PFMLA.

The SJC noted the PFMLA states, “An employee who has taken family or medical leave shall be restored to the employee’s previous position or to an equivalent position, with the same status, pay, employment benefits, length-of-service credit and seniority as of the date of leave.” The SJC held that this part of the statute simply required that an employee’s benefits remain unchanged, not increased or decreased, from when they begin leave to when they return from leave. Thus, an employee returning from PFMLA leave can continue to accrue benefits as if the employee never took the leave, but the employee does not have the right to continue accruing benefits during the leave.

Employers should review their policies and practices with counsel to ensure compliance with the PFMLA.