PFMLA for the Self Employed
Massachusetts Paid Family Leave for Self-Employed WorkersFor self-employed individuals, solopreneurs, freelancers, and independent contractors, traditional employment safety nets have often been out of reach. Paid family leave, a crucial benefit for health issues, childbirth, or adopting a child, was typically not available. However, starting January 1, 2021, Massachusetts introduced the Massachusetts Paid Family Leave Act ("PFMLA"), opening new possibilities for those outside the traditional workforce.
You can access PFMLA benefits one of two ways:
Finally, if you cannot access leave because you're classified as a contractor but should be an employee under Massachusetts law, you may have a civil claim against your employer for damages, which could include lack of access to PFMLA leave. While many self-employed individuals already rely on disability insurance, PFML covers several aspects not included in disability policies. These include family care, bonding time for adoptive parents, and specific benefits for military families. Key Benefits of Paid Family LeaveYou can use family leave to bond with a child within their first 12 months, care for a family member who is a covered service member, or handle "qualifying exigencies" related to military service. Medical leave is available for individuals with a serious health condition. From July 1, 2021, you can also use family leave to care for a family member with a serious health condition.
Family leave extends up to 12 weeks per benefit year, similar to federal FMLA. Medical leave allows up to 20 weeks for an individual's serious health condition. Leave to care for a qualified service member can be up to 26 weeks, with a combined cap of 26 weeks per benefit year. For instance, you could take 12 weeks of family leave after childbirth and then qualify for 20 weeks of medical leave later in the same benefit year, reaching the 26-week cap. Opting into Paid Family Leave as a Self-Employed IndividualSelf-employed individuals can opt into the program by creating a Mass Tax Connect account. You must make the required contribution, which is less than 1% of your earnings. Consult an accountant if your net income varies to calculate contributions correctly.
To access PFML benefits, you must have made contributions for two of the last four quarters and remain enrolled for three years. Opting in is a cost-effective way to protect part of your income in case you need time off. |
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Paid Leave for 1099 Contractors
Certain 1099-MISC contractors can access PFML benefits when over 50% of their employer's workforce is paid this way. Employers must make contributions on their behalf, with deductions visible on paychecks. If you suspect eligibility, ensure your employer makes contributions.
Misclassification Issues and Family Leave
PFMLA doesn't cover all contractors, but if you've been misclassified, other laws protect your rights. Massachusetts' three-part test may determine your proper classification. If wrongly classified, you can seek damages, which might include benefits denied due to misclassification.
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 a 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 issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
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, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
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 assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
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 with wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
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 multiple wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
How We Can Help
We can help you navigate these issues and get clarity on your rights and obligations in the face of a need for leave that you may be facing. You can use the button below to schedule a call back from a member of our team, or simply give us a call at 781-784-2322.
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