Massachusetts Paid Family Medical Leave Basics
Massachusetts Paid Family Leave Act: What You Need to KnowEmployees in Massachusetts are eligible for job-protected leave, with partial pay from the PFML fund, for serious medical conditions or to care for an immediate family member with a serious health condition. Independent contractors and self-employed individuals may also opt into the program under certain circumstances.
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 may be up to 26 weeks. Some highlights:
Mass Paid Family Leave vs. FMLAThe 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:
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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 2022, the statewide average weekly wage is $1,695.24. Half of that amount is $847.12. If you earn $847.12 per week before your leave, your weekly benefit will be 80% of that amount, or $677.69 per week. If you earn $1,000 per week before your leave, you would add to that amount 50% of $152.88, which is the amount over the statewide average that you earned before leave. The total weekly benefit in that case would be $754.13.
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 $677.69. However, when you add 50% of your remaining earnings the total sum would be $677.69 plus $576.44, or $1,254.13. This would exceed the weekly cap of $1,084.31, so your weekly benefit would be $1,084.31.
If you earned less than $847.12 per week prior to your leave, you would be able to collect 80% of the amount of your weekly earnings, 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 2022, the statewide average weekly wage is $1,695.24. Half of that amount is $847.12. If you earn $847.12 per week before your leave, your weekly benefit will be 80% of that amount, or $677.69 per week. If you earn $1,000 per week before your leave, you would add to that amount 50% of $152.88, which is the amount over the statewide average that you earned before leave. The total weekly benefit in that case would be $754.13.
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 $677.69. However, when you add 50% of your remaining earnings the total sum would be $677.69 plus $576.44, or $1,254.13. This would exceed the weekly cap of $1,084.31, so your weekly benefit would be $1,084.31.
If you earned less than $847.12 per week prior to your leave, you would be able to collect 80% of the amount of your weekly earnings, 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.
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.
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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 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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