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Do Small Businesses Need to Provide Family Medical Leave in Massachusetts?

Before 2021, employers with fewer than 50 employees in Massachusetts did not have to provide family or medical leave, beyond the five earned sick days required by state law.

Beginning in 2021, however, the Massachusetts Paid Family Medical Leave Act was fully rolled out.  This means all Massachusetts employers must provide job-protected leave for employees eligible under the new law.

Generally speaking, leave is available for the birth, adoption, or bonding with a child, an employee's serious medical condition, an employee's need to care for an immediate family member with a serious medical condition, and certain other circumstances affecting military families.

If eligible, the employee is entitled to partial pay, but this does not come out of the employer's pocket.  Instead, the employers should have been deducting from employee wages over the past two years and contributing those amounts into the state fund.  Much like unemployment, the payments to employees come from this central fund.

You should be aware, however, that the Massachusetts PFML contains some strict anti-retaliation provisions, meaning you might face legal liability if you terminate an employee after they have requested or taken PFML.


Learn more here about the Massachusetts Paid Family Leave Law.

Need Help With Family Medical Leave Question?

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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
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • 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
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog