On January 23, the Massachusetts Department of Family and
Medical Leave (the "Department") published draft
regulations (the "Regulations") regarding the newly
created Paid Family and Medical Leave Program (the
"Program"). The Regulations expand upon legislation
enacted this past summer (Acts 2018, c. 121, the "Act")
requiring private employers of all sizes to make contributions to
the Program and provide leave to eligible employees. Employers must
also provide leave to independent contractors who opt into the
Program and cover the contributions themselves (collectively,
employees and independent contractors are referred to as
"eligible individuals").
As specified under the Act, eligible individuals are entitled to
job-protected, paid leave for up to 12 weeks per year to care for a
sick family member or child, up to 20 weeks per year to attend to
the individual's own serious health condition, and up to 26
weeks per year to deal with an emergency related to the
