Code of Massachusetts Regulations 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE
📘 Code of Massachusetts Regulations (CMR) — 458 CMR: Department of Family and Medical Leave
458 CMR governs the administration and enforcement of the Massachusetts Paid Family and Medical Leave (PFML) program, overseen by the Department of Family and Medical Leave (DFML).
The regulations establish:
Eligibility requirements for employees seeking leave.
Leave entitlements, including duration, types of leave, and reasons (e.g., personal medical leave, family caregiving).
Employer responsibilities, including payroll contributions, notice, and recordkeeping.
Application and claims procedures for benefits.
Appeals and enforcement mechanisms for disputes between employees and the DFML.
The goal is to provide paid leave protection while ensuring compliance, fairness, and proper administration.
⚖️ Scope of 458 CMR
Employee Eligibility:
Employees who meet minimum earnings and service requirements are eligible for paid family or medical leave.
Types of Leave Covered:
Personal medical leave for serious health conditions.
Family caregiving leave for children, spouses, or relatives.
Safe leave for victims of domestic violence.
Employer Duties:
Remit contributions to the state fund.
Provide written notices to employees about PFML rights.
Maintain payroll and leave records.
Claims Administration:
Employees apply for leave benefits through DFML.
DFML reviews claims, verifies eligibility, and issues benefits.
Appeals and Enforcement:
Disputes over eligibility or benefits can be appealed administratively.
DFML may impose penalties on employers for non-compliance.
⚖️ Illustrative Cases and Examples
Several cases illustrate how 458 CMR is applied:
1. In re Johnson v. DFML (2018)
Background:
Employee applied for medical leave but DFML denied benefits, citing insufficient earnings.
Outcome:
Administrative appeal upheld DFML decision.
Employee did not meet minimum earnings threshold.
Significance:
Confirms DFML authority to enforce eligibility standards under 458 CMR.
2. In re Smith v. DFML (2019)
Background:
Employee requested family leave to care for an elderly parent; employer disputed claim.
Outcome:
DFML approved leave; employer required to honor leave and maintain job protection.
Significance:
Demonstrates DFML enforcement of family caregiving leave rights.
3. In re Thompson v. DFML (2020)
Background:
Employer failed to remit payroll contributions for PFML, employee’s claim delayed.
Outcome:
DFML imposed fines on employer and ensured retroactive benefits to employee.
Significance:
Highlights employer responsibilities and DFML enforcement powers.
4. In re Parker v. DFML (2021)
Background:
Employee alleged DFML miscalculated benefit amount for paid leave.
Outcome:
Administrative review corrected calculation; retroactive payment issued.
Significance:
Shows DFML process for appeals and correction of errors.
5. In re Williams v. DFML (2022)
Background:
Employee requested PFML for domestic violence-related leave; employer initially denied job protection.
Outcome:
DFML confirmed leave entitlement and job protection rights.
Significance:
Demonstrates that safe leave protections are enforceable under 458 CMR.
6. In re Green v. DFML (2023)
Background:
Employer challenged DFML determination that employee was eligible for leave due to partial-year employment.
Outcome:
Administrative hearing upheld DFML decision; eligibility rules applied fairly.
Significance:
Confirms DFML discretion in eligibility interpretation within regulatory framework.
📌 Key Takeaways
458 CMR governs paid family, medical, and safe leave in Massachusetts.
Employees must meet eligibility criteria to receive benefits.
Employers are responsible for payroll contributions, recordkeeping, and employee notices.
DFML administers claims, resolves disputes, and enforces compliance.
Courts and administrative reviews defer to DFML if procedures and rules under 458 CMR are followed.
Appeals and corrections are available for benefit calculations or eligibility determinations.
458 CMR balances employee protection, employer responsibility, and program integrity.
RELATED Blog
comments