FAQs for employees
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What is “Topping off” and when does it go into effect?
Employees who apply for Paid Family and Medical Leave (PFML) benefits on or after November 1, 2023, will be allowed to supplement their PFML benefit with their accrued vacation pay, sick pay, or other paid leave provided under an employer policy (collectively, “Paid Time Off” or “PTO”) while on PFML. Employees who submit their PFML application on or after November 1, 2023, are subject to the new topping off guidelines.
What does “top off” mean?
Topping off allows employees on PFML to supplement their weekly PFML benefit with their accrued PTO, up to the employee’s Individual Average Weekly Wage (IAWW). Example: An employee’s IAWW = $2,000 and they have an approved PFML application that pays $1,100 per week. The employee may top off that amount with PTO up to $900, if available.
What is my Individual Average Weekly Wage (IAWW)?
Your Individual Average Weekly Wage (IAWW) is calculated by the Department of Family and Medical Leave (DFML) from the amount you earned in the last four completed calendar quarters before the start of your benefit year. The IAWW is the average amount you earned per week in the two quarters when you earned the most money (or the one quarter with the most money if you only worked in two or fewer quarters). Your IAWW is an average and not based on just your current weekly wage.
Where can I find my Individual Average Weekly Wage (IAWW)?
When DFML approves an application for PFML benefits, it issues an Approval Notice. Your IAWW, along with your weekly PFML benefit rate, will be listed in the Approval Notice.
Can I now use vacation time, sick time, or other PTO while receiving PFML benefits?
Yes. For PFML applications filed on or after November 1, 2023, you can receive top off benefits from your employer using PTO. The combined weekly sum of PFML benefits and employer provided paid leave benefits cannot exceed your IAWW.
Can I top off PFML benefits with PTO provided under an employer policy that normally would not be available for the type of leave being taken? For example, could I use paid sick leave to top off my family bonding leave benefits even where such leave is not permitted under the sick time PTO policy?
Consult your employer’s PTO policies and talk with your employer. In this example, the sick time PTO likely could not be used to top off family bonding leave, provided that the employer’s sick time policy does not discriminate against an employee for exercising a right to which such employee is entitled to under the PFML program (M.G.L. c. 175M).
If my employer has an unlimited PTO policy, can I use it to top off PFML leave benefits?
Consult your employer’s PTO policies and talk with your employer. Employees may use accrued sick or vacation pay or other paid leave provided under an employer policy to top off PFML benefits up to their IAWW, subject to the accrual and use rules of an employer’s PTO policies and provided further that the employer’s PTO policy does not discriminate against an employee for exercising a right to which such employee is entitled to under the PFML program (M.G.L. c. 175M).
If my employer has a holiday pay policy but I am out on leave when a holiday occurs, can I use holiday pay to top off PFML leave benefits?
Consult your employer’s PTO policies and talk with your employer. Employees may use accrued sick or vacation pay or other paid leave provided under an employer policy to top off PFML benefits up to their IAWW, subject to the accrual and use rules of an employer’s PTO policies and provided further that the employer’s PTO policy does not discriminate against an employee for exercising a right to which such employee is entitled to under the PFML program (M.G.L. c. 175M).
Will using PTO during my PFML leave impact my weekly benefit payments?
Using PTO to supplement PFML benefit payments will not impact the amount you receive each week from DFML and does not need to be reported to DFML.
How do I calculate my top off amount?
You subtract the amount of the PFML benefits from your Individual Average Weekly Wage (IAWW). The difference is the maximum amount you can get each week from your employer using your accrued PTO.
How do multiple employers impact my IAWW?
If you have multiple employers your IAWW is calculated for each employer separately.
Who monitors that I’m not receiving more than my IAWW?
Employers are responsible for ensuring that the combined weekly sum of employer provided paid leave benefits and PFML benefits does not exceed your IAWW. The employer is responsible for managing any employer provided payments made to an employee that exceed the employee’s IAWW. Employees are responsible to work with employers to make sure that the combined weekly sum of employer provided paid leave benefits and PFML benefits does not exceed an employee’s IAWW.
If my employer has a private plan exemption for family leave and/or medical leave, does my private plan need to allow for top offs?
Yes. Private plans must provide at least the same if not more benefits and protections as does the PFML program. With the implementation of the top off amendment, private plans may need to reevaluate their policies to accommodate employee top offs.