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Independent Contractors and Paid Family Medical Leave in Massachusetts

The Massachusetts Paid Family Medical Leave Act ("PFMLA") went into full effect in 2021.  This is a game changer for employees, who can now access partial payment for extended family or medical leave.

It also potentially changes the game for self employed individuals or independent contractors.  You can opt into the program by making the contribution payments into the fund.  You can begin accessing benefits once you have made the required contributions for 2 of the previous 4 quarters.  The required contribution is currently 0.68% of your self-employed income.  As with W-2 employees, you also have to have earned $5,700 or more in the previous four quarters to be eligible.

Available Paid Family Medical Leave Benefits

The following leaves are available under PFML:
  • Your own serious health condition: up to 20 weeks in a benefit year.
  • Caring for a family member with a serious health condition: up to 12 weeks in a benefit year.
  • Birth or adoption, or bonding with a child within 12 months of birth or adoption: up to 12 weeks in a benefit year.
  • Caring for a family member who is a covered service member with a serious health condition: up to 26 weeks in a benefit year.

A "serious health condition" can be physical or mental, and will need to be documented by your provider in your application for benefits.

​Also, if you are currently self-employed but had a job within the last 26 weeks, you may still be able to apply for benefits based on the contributions you made to the program while employed.


The benefit will include 80% of your prior pay up to half of the statewide average weekly wage, then 50% of that portion of your weekly pay that is above that amount.  The total weekly benefit under any circumstance is $1,084.31 per week, as adjusted in 2022.

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How to Opt Into Paid Family Leave

The state has provided detailed online instructions for opting in to PFML for self-employed individuals.  You will need your social security number and information from a prior tax return.  Once you have set up your account, you can begin making the contributions to the fund.  You are eligible to apply for benefits in an appropriate circumstances if you have contributed for 2 of the prior 4 quarters, and earned at least $5,700 in revenue in the prior 4 quarters.

Paid Family Leave and Misclassification

If you provide services for a company but are classified as an independent contractor rather than an employee, you should consider the effect of that classification on your entitlement to benefits.  It may be that family and medical leave benefits will ultimately be considered as part of your damages if you bring a misclassification claim and win- right now the law is too recent to really know how courts will treat that.

In the meantime, you may find yourself needing these benefits and being unable to access them.  For that reason, you might consider opting in to the program as a self-employed individual, as described above.  Though in many cases it really should be your employer's responsibility to ensure your enrollment in the program, you and your family may be best protected by ensuring that you are eligible for benefits if needed.

How We Can Help

Hiring an independent contractor in MA employment law
10.0Emily E. Smith-Lee
1099 employees MA employment attorneys slnlaw
We have helped many people assess their classification as independent contractors, and take appropriate action.  You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
Schedule a Free Information Call

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
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    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
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  • Legal FAQs
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    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
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