Former Massachusetts Governor Charlie Baker signed a bill on June 28, 2018 that established the state’s paid family leave program. Most recently, the program received an update in November 2023 that allowed workers to supplement their paid leave pay with wages accrued through paid time off. The program allows employees in Massachusetts covered by the Paid Family and Medical Leave Act (PFML) to take up to 26 weeks of paid leave for family or medical reasons.
Who is eligible for Massachusetts’ Paid Family and Medical Leave?
The Massachusetts PFML covers most Massachusetts employers. Employees are covered so long as they have earned at least $6,300 in the last year and have worked in Massachusetts for at least 16 weeks. Employees must also make at least 30 times the amount they are able to take out in benefits to satisfy the criteria. (The state provides an eligibility calculator to help with this determination.)
The program covers self-employed individuals from businesses who issue 1099-MISC forms to more than 50% of their workforces. Self-employed individuals may also opt in for coverage. Notably, the program covers those who were formerly employed. Employees who have been unemployed for 26 weeks or fewer can receive leave benefits.
Several types of employees are automatically excluded from Massachusetts PFML. These include elected officials, temporary workers, and employees of religious organizations.
What wage replacement does Massachusetts PFML offer?
Covered individuals’ average weekly earnings determine their benefit amount. Generally, the program pays out about 80% of someone’s weekly earnings. The maximum weekly benefit a person can claim is $1,149.90. When an individual begins leave, there is a 7-day waiting period before payments begin.
PFML is paid for by employee and employer contributions. Employers’ contributions are determined by the size and makeup of their workforce. Employers with 25 or more covered individuals are responsible for making employer contributions. Employers with fewer covered individuals do not need to contribute.
Employers that provide leave benefits surpassing those provided by the Massachusetts PFML can apply for an exemption from the program.
Does Massachusetts PFML interact with other types of leave?
Leave provided under the Massachusetts PFML program and the Family and Medical Leave Act (FMLA) can run at the same time. As of November 1, 2023, employees can supplement their PFML benefits by using accrued vacation time like sick days or vacation days.
Does Massachusetts PFML offer job protection?
Yes, Massachusetts PFML provides paid, job-protected leave.
What leave options does PFML provide employees?
The PFML program provides two types of leave: medical leave and family leave. Covered employees may take up to 26 weeks of leave per year (in total) for qualifying reasons. According to the state of Massachusetts, these reasons include:
- Caring for a serious health condition as certified by a healthcare provider, including illness, injury, or pregnancy/childbirth (up to 20 weeks of paid medical leave)
- Caring for a family member with a serious health condition as certified by a healthcare provider, including illness, injury, or pregnancy/childbirth (up to 12 weeks of paid family leave)
- Bonding with a child during the first 12 months after birth, adoption, or placement (up to 12 weeks of paid family leave)
- Caring for a family member who was injured serving in the armed forces (up to 26 weeks of paid family leave)
- Managing affairs while a family member is on active duty (up to 12 weeks of paid family leave)
What documents can employers ask employees to provide for employees wanting to take leave under PFML?
When employees apply for paid leave under the PFML, the state or administrator will require them to provide documents that prove their identity and confirm their circumstances, whether that’s the arrival of a new child or the onset of a serious illness. Should employers need to collect any documentation, they must keep the documents private and for their records only.
When does an employee need to give notice of their PFML?
Massachusetts instructs employees to begin the leave application process by notifying employers of their leave. Employees should try to provide employers at least 30 days’ notice before their leave begins. Please note that exceptions should be made for circumstances where this is not possible.
How can your HR team ensure they are compliant with PFML?
The state of Massachusetts provides helpful information and abundant resources for both employers and employees on its PFML website. To enhance your compliance efforts, schedule a demo with AbsenceSoft. Our system is updated by our in-house experts to keep you compliant from day one.
