Massachusetts Paid Family Medical Leave
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On January 1, 2021, employees in Massachusetts became eligible to take advantage of a new paid family and medical leave program. This change has important implications for employees in many different situations, and for small businesses who are not accustomed to dealing with family and medical leave issues.
You are eligible for this leave if you are a Massachusetts employee, and have earned at least $5,700 from any employer in the last four quarters. Independent contractors and self-employed people too can opt in to the program if they make the required contributions. Family leave is available to bond with a child within the first 12 months of the child's birth or placement for adoption or foster care with the employee. Individuals may take up to 20 weeks for medical leave (for their own serious health condition). Leave to care for a qualified service member with a serious health condition may be up to 26 weeks. Some additional highlights of the new law:
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Massachusetts Paid Family Leave vs. FMLA
The federal family leave law, FMLA, has long provided job-protected leave for an employee's seriious health condition or for caring for a family member with a serious health condition. The FMLA, however, is limited in its reach. It only applies to employers with 50 or more employees, and individuals have to have worked a certain amount of time before becoming eligible. There is also no requirement that the leave be paid, or mechanism to provide payment.
In contrast, the Massachusetts law applies to all employers, and even reaches independent contractors if they have chosen to pay into the system. Further, because employees pay into the system whenever they get a paycheck, they can take advantage of the program after being employed for a shorter amount of time. And they do not need a set amount of time with any one employer. This means you can change jobs and apply for PFML even if you have only just started your new job, provided you worked somewhere else first.
What this means to you:
In contrast, the Massachusetts law applies to all employers, and even reaches independent contractors if they have chosen to pay into the system. Further, because employees pay into the system whenever they get a paycheck, they can take advantage of the program after being employed for a shorter amount of time. And they do not need a set amount of time with any one employer. This means you can change jobs and apply for PFML even if you have only just started your new job, provided you worked somewhere else first.
What this means to you:
- If you work for a company with less than 50 employees, you now have protection that you did not have before if you need to take maternity or parental leave, leave for your own serious health condition, or leave to care for a family member.
- If you own or manage a company with less than 50 employees, you will need to create a process for dealing with medical leave that the law never before required you to do. You also could face potentially crippling liability for getting this wrong, as the law provides for triple damages if an employee wins a claim against you.
What Paid Family Medical Leave is Available?
As of January 1, 2021, family leave is available to bond with a child within the first 12 months of the child's birth or placement for adoption or foster care with the employee, to care for a family member who is a covered service member, or cover a "qualifying exigency" arising from a family member's active duty status or notification. Medical leave is available for a covered individual with a serious health condition.
Beginning July 1, 2021, family leave will also be available to care for a family member with a serious health condition.
Family leave is limited to 12 weeks in a benefit year, similar to the federal FMLA. Individuals may take up to 20 weeks for medical leave (for their own serious health condition), and up to 12 weeks to care for a family member with a serious health condition. Leave taken to care for a qualified service member may be up to 26 weeks. All types of leave combined are limited to 26 weeks in a benefit year.
For example, you might take 12 weeks family leave after the birth of a child. If in the same year you develop a serious medical condition, you would qualify for 20 weeks of medical leave, but in reality could only take 14 weeks in that benefit year before reaching the cap of 26.
Beginning July 1, 2021, family leave will also be available to care for a family member with a serious health condition.
Family leave is limited to 12 weeks in a benefit year, similar to the federal FMLA. Individuals may take up to 20 weeks for medical leave (for their own serious health condition), and up to 12 weeks to care for a family member with a serious health condition. Leave taken to care for a qualified service member may be up to 26 weeks. All types of leave combined are limited to 26 weeks in a benefit year.
For example, you might take 12 weeks family leave after the birth of a child. If in the same year you develop a serious medical condition, you would qualify for 20 weeks of medical leave, but in reality could only take 14 weeks in that benefit year before reaching the cap of 26.
Who Pays for Paid Family Leave?
Paid family leave in Massachusetts is funded by contributions that employees have had deducted from their paychecks for over a year prior to implementation. Larger employers are required to contribute a portion of the payments, but for many employees the deductions have come entirely out of their paychecks.
If you are self-employed and wish to opt into the program, you will have to make similar contributions as employed individuals. If you have contributed for two of the four quarters prior to applying for benefits, you should be able to access paid family leave.
For employers, this means your employees' benefits will not come directly from your pocket. For employees, you should understand that this is a benefit you have already paid for, so there is literally no reason not to take advantage of it in appropriate circumstances.
If you are self-employed and wish to opt into the program, you will have to make similar contributions as employed individuals. If you have contributed for two of the four quarters prior to applying for benefits, you should be able to access paid family leave.
For employers, this means your employees' benefits will not come directly from your pocket. For employees, you should understand that this is a benefit you have already paid for, so there is literally no reason not to take advantage of it in appropriate circumstances.
How Much Are You Paid for Family or Medical Leave?
The calculation of benefit amount is a little more complicated than what you may be used to if you have collected unemployment benefits in the past. Like unemployment, it varies based on your earnings and is subject to a cap. Unlike unemployment, the benefit calculation also considers the statewide average weekly wage.
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.
In 2021, the statewide average weekly wage is $1,478.78. Half of that amount is $739.39. If you earn $7,39.39 per week before your leave, your weekly benefit will be 80% of that amount, or $591.51. If you earn $1,000 per week before your leave, you would add to that amount 50% of $260.61, which is the amount over the statewide average that you earned before leave. The total weekly benefit in that case would be $721.81.
Let's say you earned $2,000 per week prior to taking a leave. In that case you would also start with 80% of half the statewide average, or $591.51. However, when you add 50% of your remaining earnings the total sum would be $591.51 plus $630.30, or $1,221.81. This would exceed the weekly cap of $850, so your weekly benefit would be $850.
If you earned less than $739.39 per week prior to your leave, you would be able to collect 80% of that amount, without worrying about additional math or the weekly cap.
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.
In 2021, the statewide average weekly wage is $1,478.78. Half of that amount is $739.39. If you earn $7,39.39 per week before your leave, your weekly benefit will be 80% of that amount, or $591.51. If you earn $1,000 per week before your leave, you would add to that amount 50% of $260.61, which is the amount over the statewide average that you earned before leave. The total weekly benefit in that case would be $721.81.
Let's say you earned $2,000 per week prior to taking a leave. In that case you would also start with 80% of half the statewide average, or $591.51. However, when you add 50% of your remaining earnings the total sum would be $591.51 plus $630.30, or $1,221.81. This would exceed the weekly cap of $850, so your weekly benefit would be $850.
If you earned less than $739.39 per week prior to your leave, you would be able to collect 80% of that amount, without worrying about additional math or the weekly cap.
Benefits and Seniority During Paid Family or Medical Leave
While you are on a leave under the PFMLA, your employer is required to continue any health benefits you were receiving prior to the leave. In addition, the leave should not affect your seniority, advancement, or accrual of other benefits under the law or company policy, such as sick time and vacation time.
If your employer offers it, you may also take advantage of employer payments toward leave or payments under a short term disability policy. These two types of payments will be in addition to your PFML benefit. Other payments, however, such as weekly workers compensation payments if you are out for a work-related injury, will be deducted from your PFML weekly benefit.
If your employer offers it, you may also take advantage of employer payments toward leave or payments under a short term disability policy. These two types of payments will be in addition to your PFML benefit. Other payments, however, such as weekly workers compensation payments if you are out for a work-related injury, will be deducted from your PFML weekly benefit.
Paid Family Leave Resources
The state has an online application, as well as instructions for how to apply, here: https://www.mass.gov/how-to/how-to-apply-for-paid-family-and-medical-leave-pfml.
If you are a small business owner, you can read more about paid family leave and your small business.
Learn more about paid family leave for military families.
If you are self-employed or an independent contractor, learn how you might access paid family and medical leave.
Read about some of our example family medical leave cases.
If you are a small business owner, you can read more about paid family leave and your small business.
Learn more about paid family leave for military families.
If you are self-employed or an independent contractor, learn how you might access paid family and medical leave.
Read about some of our example family medical leave cases.
How Our Employment Lawyers Can Help
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We can help you navigate these issues and get clarity on your rights and obligations in the face of a medical condition, disability, or personal or family health care needs that have impacted you in your job. 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.
