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Q: One of our employees was just approved for intermittent leave under the Massachusetts Paid Family Leave (PFML) law to be taken as needed for a medical issue that tends to flare up unpredictably several times each month. How should we communicate the time away to the Department of Family and Medical Leave (DFML)? I want to ensure that the employee receives benefits for only the time that he is absent due to the medical condition.
A: For intermittent leave, the DFML requires the employee to report their hours of leave. The DFML recently updated its website with an answer to your question (see the section on reporting intermittent leave hours). Their notification to you will include instructions for accessing the leave information reported by the employee.
The application approval communicated to the employer should indicate the approximate number of hours the employee will take during leave. For example, in this case, they might estimate 3 absences of 8 hours per month, assuming each occurrence of the medical condition causes a single day’s absence. If the employee is taking more leave than approved, notify the DFML.
The employee must also follow your policy about reporting absences, such as contacting their supervisor before starting each day they will be unable to work. Note that the seven-day waiting period for intermittent leave is seven calendar days from the first instance of leave, not seven days of absence.
In the three and a half years since the PFML was implemented, the DFML has made changes to its website and processes to improve accessibility and simplify some of the more challenging circumstances that arise, including the use of intermittent leave. Bill Alpine, the Director of the DFML, will join us at our monthly Human Resources Roundtable on November 20th to explain some of these changes and answer our questions. He has graciously participated in several events and is always receptive to questions and feedback.
Resources
As always, if AIM members have questions about PFML or any other HR matter, they may contact the AIM HR Helpline at 800-470-6277 or via email at helpline@aimnet.org.
More information about intermittent leave can be found here.
