Independent Contractors and Paid Family Medical Leave in Massachusetts
Unlocking Paid Family Medical Leave for Independent Contractors in MassachusettsThe Massachusetts Paid Family Medical Leave Act (PFMLA) made its full debut in 2021, heralding a significant shift for employees by offering partial payment for extended family or medical leave. However, it's not just traditional employees who stand to benefit. Independent contractors and self-employed individuals can also seize this opportunity by participating in the program. This article delves into the details of PFMLA for independent contractors, guiding you through the process of eligibility and benefits.
Opting into PFML for Independent ContractorsAs a self-employed individual or independent contractor, you have the option to participate in the PFML program by making contribution payments into the fund. To start accessing benefits, you must meet the criteria of having made the required contributions for at least two of the previous four quarters and having earned $5,700 or more in the preceding four quarters. Currently, the required contribution is set at 0.68% of your self-employed income.
Available Paid Family Medical Leave BenefitsPFML offers various types of leave, including:
Calculating Your Benefits:The benefit calculation involves determining 80% of your prior pay, capped at half of the statewide average weekly wage. Then, 50% of the portion of your weekly pay exceeding that amount is added. In 2023, the maximum weekly benefit stands at $1,129.92, and the average statewide wage is $1,765.34.
How to Opt Into Paid Family LeaveThe state offers comprehensive online instructions for self-employed individuals to opt into PFML. You'll need your social security number and information from a previous tax return. Once your account is set up, you can commence contributions to the fund. Eligibility for benefits hinges on having contributed for two of the prior four quarters and earning at least $5,700 in revenue during the preceding four quarters.
Paid Family Leave and MisclassificationIf you provide services as an independent contractor but should be classified as an employee, it's crucial to consider the impact on your entitlement to benefits. While it's uncertain how courts will treat family and medical leave benefits in misclassification claims due to the recent nature of the law, you may face difficulties accessing these benefits if misclassified. Therefore, opting into the program as a self-employed individual provides added security for you and your family's well-being.
In conclusion, understanding the opportunities and challenges posed by PFML for independent contractors is vital. By taking proactive steps to participate in the program, you can secure access to essential benefits while safeguarding your interests in an ever-evolving legal landscape. |
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Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and navigating the nuances of the Massachusetts Independent Contractor Law.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with independent contractor misclassification and wage and hour disputes, employment discrimination, harassment and retaliation claims, and review and negotiation of employment and independent contractor agreements.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of employment and independent contractor agreements, employee misclassification and wage and hour disputes, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including independent contractor misclassification and wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of employment and independent contractor agreements, and litigation in state and federal courts on employment related issues.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with independent contractor misclassification and wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of employment and independent contractor agreements, and litigation in state and federal courts on employment related issues.
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