The Massachusetts Paid Family and Medical Leave (MA PFML) Law
As of January 1, 2021, Massachusetts employees will be entitled to take paid leave pursuant to the Paid Family and Medical Leave Law. This new law contains important protections for Massachusetts workers. It also contains specific requirements as to who is entitled to the leave, how much leave they are entitled to, and reasons they can take leave.
Am I Eligible for Paid Family and Medical Leave (PFML) Under Massachusetts Law?
Generally speaking, Paid Family and Medical Leave (PFML) is available to all W-2 workers who work in Massachusetts, whether full-time, part-time, or seasonal. PFML leave is also available to some 1099-MISC independent contractors. PFML leave may also be available to former employees who have been unemployed for 26 weeks or fewer.
Certain types of individuals are excluded from PFML leave including people working for municipalities, districts, political subdivisions, housing authorities, regional school districts, and regional planning commissions unless that body opted-in to PFML coverage. Additionally, the following types of work are excluded from PFML leave: (1) Work performed for a son, daughter, or spouse; (2) If under 18, work performed for one’s father or mother; (3) Work performed by inmates of penal institutions; (4) employment in the railroad industry; (5) work provided by real estate brokers/salespeople and insurance agents/solicitors in commission only jobs; (6) newspaper sales and delivery by persons under 18; (7) employment by churches and certain religious organizations; (8) work done by work-study students, student nurses and interns, or those in work trainee programs administered by non-profit or public institutions.
Additionally, in order to be entitled to PFML leave, individuals must meet certain earnings requirements. In order to be entitled to PFML leave, you must have earned at least (1) $5,400 during the last 4 completed calendar quarters and (2) at least 30 times more than how much you would be eligible to get each week from your PFML benefits.
When Can I Take Paid Family and Medical Leave (PFML)? How Long is the Leave?
Beginning January 1, 2021, eligible employees are entitled to take PFML leave for a variety of reasons and for varying lengths. The following lists qualifying reasons for leave and the length of those leaves. Whether your situation entitles you to leave requires a specific analysis of your circumstance and the law. Having said that, this chart provides helpful guidance.
Up to 20 weeks of medical leave a year for the treatment of your own serious health condition.
Up to 12 weeks of family leave annually to care for a family member with a serious health condition (available July 1, 2021).
Up to 12 weeks of family leave annually to bond with a child in the first 12 months of birth, foster care placement, or adoption.
Up to 26 weeks of family leave annually to care for a family member who is or was a member of the Armed Forces, National Guard, or Reserves and developed or aggravated a serious health condition in the line of duty or on active duty while deployed in a foreign country.
Up to 12 weeks of family leave to manage family affairs when a family member is on or has been called to active duty in the armed forces, including the National Guard or Reserves.
Are there any job protections available if I Use Massachusetts Paid Family and Medical Leave (PFML)?
The PFML law contains the following important job protections for those who take leave for a qualifying reason:
Protection 1 - Return to Previous Position Your employer must return you to the same or similar position to the one you had prior to taking Paid Family and Medical Leave. Positions are similar when they have similar pay, status, employment benefits, length-of-service credit, and seniority. Employers do not have to follow this requirement if they can show that employees similar to you were laid off during your leave for economic reasons.
Protection 2 - Benefits When you return from PFML leave, your employer is not allowed to reduce or stop your ability to earn vacation or sick time, seniority, length-of-service credits, bonuses, or any other employment benefits, plans, or programs because you went on leave.
Protection 3 - Health Insurance If your health insurance is provided through your employer, you are entitled to continued coverage with the employer and employee continuing to pay their respective share of the health insurance premium during the leave.
Can My Employer Discriminate or Retaliate Against Me for Taking Massachusetts Paid Family and Medical Leave (PFML)?
No. Your employer cannot punish you for taking PFML leave, including firing you, disciplining you, demoting you, suspending you, threatening you, or otherwise discriminating against you. Importantly, any adverse action taken against an employee while they are on leave or within the six months following their return from leave will be presumed to be retaliatory.
Click here to learn more about bonding leave under the Massachusetts Paid Family and Medical Leave Law.
