Understanding Massachusetts Paid Family Medical Leave
Massachusetts PFML (Paid Family and Medical Leave): What You Need to KnowAs of January 1, 2021, Massachusetts ushered in a groundbreaking Paid Family and Medical Leave program, reshaping the landscape for employees and introducing new considerations for small businesses. This transformative change carries significant implications for various situations, making it crucial to understand the ins and outs of this program.
Who Qualifies for Paid Family and Medical Leave in Massachusetts?Eligibility hinges on being a Massachusetts employee who has earned a minimum of $5,700 from any employer within the past four quarters. Remarkably, even independent contractors and self-employed individuals can opt into this program by fulfilling the required contributions.
Under this initiative, employees gain access to family leave, which allows bonding with a child within the first year of birth, adoption, or foster placement. Moreover, individuals can avail up to 20 weeks for medical leave for their own serious health conditions. Additionally, leave to care for a qualified service member with a severe health condition can extend up to 26 weeks. Key Features of the Massachusetts Paid Family and Medical Leave Act (PFLMA)
Massachusetts Paid Family Leave vs. FMLA: A Comparative OverviewWhile the federal Family and Medical Leave Act (FMLA) has historically provided job-protected leave for employees facing their or their family members' serious health conditions, its applicability is limited to employers with 50 or more employees. Employees also need to meet specific tenure requirements, and no provisions require paid leave.
In stark contrast, PFML in Massachusetts applies universally, covering even independent contractors who have opted into the system. Employees can tap into this program with less cumulative employment time, and prior job changes don't affect eligibility. Implications for Employees and Small Businesses
Understanding the Types and Duration of Paid Family and Medical LeaveEligible individuals can utilize family leave to bond with a child within the first 12 months of birth or adoption. Medical leave, available for individuals with serious health conditions, extends up to 20 weeks.
This family leave also encompasses caring for a family member with a severe health condition. Family leave is capped at 12 weeks annually, similar to federal FMLA. In total, individuals can access up to 26 weeks of leave for a qualified service member's care. |
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Funding Paid Family and Medical Leave
Paid family leave in Massachusetts is primarily funded through paycheck deductions made by employees for over a year leading up to the program's implementation. Larger employers also contribute a portion, though for many employees, deductions are wholly sourced from their paychecks. Self-employed individuals can participate by making similar contributions.
This approach eases the financial burden on employers, as the benefits are already funded by employees' prior contributions.
This approach eases the financial burden on employers, as the benefits are already funded by employees' prior contributions.
Calculating Paid Family and Medical Leave Benefits
Benefit calculations vary from traditional unemployment benefits, factoring in earnings and capping benefits. The calculations include 80% of previous pay, up to half the statewide average weekly wage, and 50% of the portion exceeding that threshold. In 2023, the maximum weekly benefit stands at $1,129.92, and the average statewide wage is $1,765.34.
Understanding these calculations allows employees to maximize their benefits when needed.
Understanding these calculations allows employees to maximize their benefits when needed.
Maintaining Benefits and Seniority During Leave
Under the PFMLA, employers must continue providing health benefits during leave, ensuring no interruption in seniority or accrual of other benefits like sick time and vacation days.
Employees may also combine employer payments and short-term disability policies with their Massachusetts PFML benefits, augmenting their support. However, certain payments, such as workers' compensation for work-related injuries, will be deducted from PFML benefits.
Employees may also combine employer payments and short-term disability policies with their Massachusetts PFML benefits, augmenting their support. However, certain payments, such as workers' compensation for work-related injuries, will be deducted from PFML benefits.
PFML 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.
Meet Our Employment Lawyers
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 advice about employment law generally.
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 wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
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 severance and non compete agreements, wage and hour disputes, employment and discrimination claims, 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 employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
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 wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
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.
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