Lawmakers, advocates propose changes to Mass. paid leave law to increase access

Massachusetts' paid family and medical leave program has been underway for a little over two years and paid out more than $1.9 billion in benefits, according to the state. But lawmakers and advocates say some workers who are paying into the program may not be accessing the benefit.

The issue is up for a public hearing Tuesday afternoon at the State House where advocates and workers will testify.

Under the state program, workers can get up to 20 weeks of paid medical leave to recover from a serious illness or injury. Workers can also get up to 12 weeks of paid family leave to care for a sick family member, bond with a new child or manage family needs due to a family member's military service.

There have been 229,996 workers who have taken paid leave since the program began in 2021, according to the state. But there are about 3.3 million workers eligible for the benefits.

"Many workers in Massachusetts are not aware that they are entitled to this benefit, even though both themselves and their employer are contributing to the program through the payroll deductions that fund this program," said state Sen. Jason Lewis.

Lewis said while the state has public awareness campaigns, there needs to be changes to the law to increase awareness. He has filed legislation that would require employers to give workers notice of their paid leave rights and an application when they need to take leave.

Currently, the law only requires an employer to provide information about paid leave when a new employee starts work. Lewis said his bill would make the state's notification requirements the same as the federal Family and Medical Leave Act requirements.

"We believe that's an example of one of the ways we'll extend the benefits of this program to even more families in our state," said Lewis, who also filed a bill that would extend paid leave benefits to many contract workers.

Advocates say changing the notification requirement so workers have to be informed of the paid leave program when they need it — not just when they're hired — is key so workers don't miss out of the benefits.

"Some employers just don't notify their workers," said Stephanie Herron Rice, an attorney at Greater Boston Legal Services.

Rice said some companies may "go above and beyond" to make sure workers access paid leave, but her organization has clients who were not told about the program by their employers when they got ill or pregnant and needed the benefits.

"When you need it — this benefit — there's a sense of urgency," Rice said. "There's a health crisis that's happening and to put it on the employee to recall something HR may have six months, one year, two years ago, is a lot."

Rice is particularly concerned about lower wage workers getting access to the program and wants the state to collect more data. The state's Department of Family and Medical Leave does publish annual reports on the paid leave program. But Rice said more information is needed about applications that weren't approved, as well as data on language and other categories to understand if there are any disparities in the program.

Part of Lewis's legislation would also require the family and medical leave department to publish more detailed and disaggregated data on the the paid leave program.