WORCESTER 508-471-3018
Metro West 508-709-0024

5 Quick Tips for FMLA Compliance

As part of the "Grand Bargain" legislation passed last summer, Massachusetts has a new Paid Family and Medical Leave Act ("PFMLA"). The PFMLA establishes a statewide Department of Family and Medical Leave and the Family and Employment Security Trust Fund ("Trust Fund"). Here are five considerations you should be making ahead of date and rate changes.

1. Be Aware of Deadlines

Sept. 30, 2019: Notify all covered individuals about the PFMLA, benefits and withholding. Document that you provided this notification and post the PFMLA poster in a conspicuous location.

Oct. 1, 2019: Begin withholding.

Jan 31, 2020: complete quarterly filings and submit contributions, including withholdings and employer contributions, if required.

2. Review Existing Policies

Take a look at your existing policies on leaves to make sure that your policies are internally consistent and compliant with the new law. An employer must continue to pay their share of an employee's health insurance while they are out on leave, but an employee is not required to continue accumulating vacation time or seniority while out on leave.

3. Calculate Your Average Workforce

Add up your 2018 W-2 employees for each pay period and divide by the number of pay periods. Then do the same for any 1099-MISC contractors. If you had fewer or the same number of 1099-MISC contractors as you did employees, only your W-2 employees are covered individuals. If you had more 1099-MISC contractors than W-2 employees, your 1099-MISC contractors are also covered individuals.

4. Determine whether you are required to pay employer contributions.

Count your covered individuals. If you have 25 or more covered individuals, you are required to pay at least 60% of the medical leave contribution. You can estimate the required contributions at

5. Consider Applying for an Exemption

If you are interested in self-insuring, or providing a private plan for the benefit of your employees, you may be eligible for an exemption from the PFMLA, however the provisions of this plan must be at least equal to the PFMLA provisions. Exemption applications must be submitted and approved by December 20, 2019 in order to avoid withholding for the first quarter. Exemption applications that are approved after that date will go into effect at the next quarter. To date, the state has received approximately 100 exemption applications, of which approximately 30 have been approved. Exemptions must be re-approved annually and the application information is available through


Associate, Janelle A. Tanenbaum

SederLaw 339 Main Street, Suite 300

Burnside BuildingWorcester, MA 01608

[email protected]

508-757-7721 (x112) 


Ms. Tanenbaum is an Associate Attorney at Seder & Chandler practicing in the Banking & Finance, Family Law & Probate and Litigation areas. Ms. Tanenbaum's practice focuses on commercial, matrimonial and family disputes involving division of assets, business, trust and tax issues, joint ventures; and other corporate transactions arising out of the day-to-day operations of closey-held businesses, employment policies, procedures and legal compliance, and corporate governance. Ms. Tanenbaum also works on the estate litigation and administration.

No Comments

Leave a comment
Comment Information
Email Our Team

Contact Us Today To Learn More

The skilled attorneys at SederLaw stand ready to handle even your most difficult legal issues. Turn to us for skilled representation to help you accomplish your legal goals.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

An Impressive Track Record
Of Achievement In The Law


Worcester Office
339 Main Street
Suite 300
Burnside Building
Worcester, MA 01608

Phone: 508-709-0024
Phone: 508-471-3018
Fax: 508-831-0955
Map & Directions

Metro West Office
1900 West Park Drive
Suite 280
Westborough, MA 01581

Phone: 508-471-3018
Fax: 508-831-0955
Map & Directions