Webinar: MA Paid Family & Medical Leave Act (PFML) - Updates and Q&A

Join Dan Klein, Partner at Seyfarth Shaw as he provides a review and update around the MA Paid Family and Medical Leave Act, and opens the session up for questions. 

Daniel B. Klein, Esq.

Partner

Seyfarth Shaw LLP


Daniel Klein is a partner in the Labor and Employment Department of Seyfarth Shaw's Boston office. Mr. Klein's practice includes the representation of management in employment and non-competition litigation matters before state and federal courts, at trial and appellate levels, as well as federal and state agencies, including the Equal Employment Opportunity Commission, the Massachusetts Commission Against Discrimination, and the Connecticut Commission on Human Rights & Opportunities.

Mr. Klein also counsels national, regional and local employers on a wide variety of employment matters, including disability accommodation, family and medical leave, workplace investigations, wage and hour compliance, commissions disputes, performance assessment and discipline, terminations, reductions-in-force, training, background checks, whistleblower claims, defamation, handbook and policy review, and trade-secrets protection strategies.As a member of the firm's Complex Discrimination Litigation Practice Group, Mr. Klein has defended employers in a variety of complex discrimination cases, including multi-plaintiff discrimination lawsuits, EEOC pattern and practice cases, and collective actions under the Fair Labor Standards Act.

Mr. Klein also has defended employers against the full spectrum of cases involving allegations of discrimination, harassment, wrongful termination, defamation, and wage and hour violations, as well as representing employers in non-competition and contract disputes.Mr. Klein regularly assists clients in drafting employment contracts, severance agreements, non-competition, non-disclosure and confidentiality agreements, personnel policies and company handbooks. He has represented employers in a variety of industries, including healthcare, retail, manufacturing, hospitality, staffing, professional services, transportation, and technology.Mr. Klein lectures frequently on a variety of employment law topics for human resource specialists and in-house counsel, including regular presentations on behalf of the Northeast Human Resources Association, the Massachusetts Hospital Association, and Massachusetts Continuing Legal Education.

Mr. Klein served as a legal intern at the Massachusetts Commission Against Discrimination. From 2005 through the present, Boston Magazine and Law and Politics have named Mr. Klein one of Massachusetts' and New England's "Super Lawyer Rising Stars." Mr. Klein received his J.D., from Boston College Law School, and his B.A. from Colgate University.


Daniel B. Klein 

Partner, Seyfarth Shaw LLP

Phone: (617) 946-4840

Email: dklein@seyfarth.com

Online Bio

Jean M. Wilson, Esq.

Counsel

Seyfarth Shaw LLP

Jean has handled employment litigation for clients for almost two decades, and understands the risks that employers face. While she still handles litigation matters, her practice focuses on supporting employers on an ongoing basis to help them avoid litigation, and comply with ever-changing employment laws. Jean turns her litigation experience into practical advice for employers in running their businesses. She works with employers on hiring matters, and has specific experience in the Fair Credit Reporting Act and state background check laws. Jean also counsels employers on other matters, including leaves of absence, accommodations, performance counseling, discipline, workplace investigations, reductions-in-force, and employee separations.

Prior to becoming an attorney, Jean worked as an assistant director providing support to adults with developmental disabilities. This experience managing employees has provided Jean with real-world insight into the challenges faced by managers and employers, and has helped her think about and implement creative solutions to their everyday problems.

Jean partners with clients to help them achieve their desired results. She enjoys working with business leaders, managers, and employee relations teams to develop processes and creative solutions to everyday matters.

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  • AM

    Question submissions are now closed on here, please feel free to bring any additional questions to the session at 11!!


    Alex

    Reply
  • PT

    Hi, We have a few questions. Here they are:

    1. Can you explain how FFCRA and PFML should be handled? If an employees takes FFCRA leave, how can the employer encourage the employee to file a PFML claim so it counts towards their 26 weeks?
    2. It is our understanding that we cannot request a return to work provider letter, but what can we do under PFML to ensure employees are not contagious with COVID-19?
    3. For employers who use a private plan to administer PFML, an EOB is generated, but if there a process to approve the leave?  Is there any obligation on the employer whether private plan or not? Should there be documentation that will need to be provided to the employee stating they are eligible for leave and their leave dates are approved?
    4. For bonding leave under PFML, at what point is it considered intermittent? Ie if employee takes 4 weeks of bonding initially and then 8 weeks a few months later, is that considered intermittent since all 12 weeks were not consecutive?
    5. Do we anticipate any pushback on claims? Is there any mechanism on the state or private plan to request a second opinion on the medical certification?
    Reply
  • KM

    If an employer has a paid parental leave policy should the employer pay the employee and be reimbursed or would the employee collect from MA PFML and the employer make up the difference?

    Reply
  • SS

    I'm interested in learning more about how organizations with private plans are navigating requests for leave from terminated employees (those who have been separated for less than 26 weeks and are thus eligible for leave if they have not secured employment elsewhere). We haven't had this occur yet, but have been strategizing about how we will navigate (ex: how to pay them, etc.) I'd be curious to hear about others' experiences with this type of scenario. 

    Reply
  • KV

    We continue to use a private plan to cover family and medical leave. Now that our employees have the option to apply through the existing private plan or through PFML, how should we message these options?

    Reply
  • CL

    We have opted out and purchased a private plan approved by the state.  Is there anything we should watch out for/be aware of as we move forward?

    Reply
  • AM

    What questions do you have regarding the PFLA?

    Reply

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Webinar: MA Paid Family & Medical Leave Act (PFML) - Updates and Q&A
04/08/2021 at 11:00 AM (EDT)   |  60 minutes
04/08/2021 at 11:00 AM (EDT)   |  60 minutes Join Dan Klein, Partner at Seyfarth Shaw as he provides a review and update around the MA Paid Family and Medical Leave Act, and opens the session up for questions.
SHRM & HRCI Credit Certificate
1.00 SHRM & HRCI credit  |  Certificate available
1.00 SHRM & HRCI credit  |  Certificate available