House, Senate Both Relying On Temps When Staffers Take Leave

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BOSTON (State House News Service— As the state's paid family and medical leave program approaches its third year, both branches of the state Legislature have now brought on temporary workers to support lawmakers' offices when permanent employees utilize PFML benefits on extended leave.

The House of Representatives employs one "rotating" legislative aide on a fulltime basis, and they cover various offices as needed to fill in for staff who are on paid family and medical leave, Speaker Ronald Mariano's office said.

"We're working to expand the pool" of rotating staff members, spokeswoman Ana Vivas told the News Service.

In the Senate, a spokesman for President Karen Spilka said, temps have assisted offices since 2022 on a "case by case basis" when someone is out on PFML. The spokesman would not say how many temp workers have been employed.

When a staff member goes out on leave, the Spilka spokesman said, "there's work to be done and we want to support members and be sure they have all the tools."

"Any office who has a member of their staff who's taking advantage of our PFML policy, absolutely can take advantage of it," the spokesman said, referring to the newer practice of backfilling offices with temps.

The spokesman emphasized that the Senate was not using temp workers to fill job openings for permanent positions, and referred to the Senate's LinkedIn page where five fulltime openings were recently advertised -- a chief of staff post, two legislative directors, a legislative aide, and a clerical assistant.

While neither branch shared info on how widely PFML is utilized by its staff, Senate offices might be impacted at a higher rate, given that chamber's policy of providing additional parental leave above and beyond what's required under the state law enacted in 2018.

Massachusetts offers workers paid, job-protected leave to care for newborn or newly-adopted children, ill family members, or to take care of their own illnesses or injuries. Established in the so-called Grand Bargain law in 2018, the program took effect in the first half of 2021.

And as it rolled out in 2021, Spilka said she already saw shortfalls in the new program.

In an email to Senate staff on May 20 that year, Spilka said "there are potential drawbacks to the Commonwealth's program."

"For example, the benefit is only a portion of an employee's salary, and it is paid after a one-week waiting period. We have also heard from some staff who have accessed the Commonwealth's program that they encountered administration difficulties and payment delays. And so, the Senate is making a change designed to increase accessibility and provide additional benefits above and beyond what the state offers," the Ashland Democrat wrote in an email provided to the News Service.

For "bonding with your child during the first 12 months after birth, adoption, or placement," according to the Department of Family and Medical Leave, the state program includes up to 12 weeks of paid leave for eligible workers.

Under Senate policy, since July 1, 2021, staff can receive up to 16 weeks of paid parental leave -- at full salary rate -- and are eligible for an additional four weeks of leave, according to a document provided by Spilka's office.

"Any paid leave provided under the Senate's parental leave policy shall count against the allotment of leave benefits available under the PFML law. The Senate will pay the difference, if any, between payment under the PFML law and employees' regular compensation during a qualifying family leave under the PFML law," a Senate human resources FAQ sheet said.

A House human resources document says that branch's employees are eligible for up to 12 weeks of paid parental leave.

At an event celebrating the PFML program in October, Spilka told advocates how the issue was personal to her.

"I took unpaid leave after having my first son, and I will honestly never forget how hard it was, how difficult it was, to make all the bills, make ends meet," the president said at the Oct. 24 State House event. "But it was also really difficult my first day back at the McCormack Building right down the street. I was not ready to leave my son and come back. But we just could not afford any more time for me to be off, to be honest with you. So I went back to work, and I cried the entire day."

Written by Sam Doran/SHNS

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