Massachusetts
Massachusetts’ Paid Family and Medical Leave (PFML) program became effective January 1, 2021. Employers can opt-out of the state program in favor of a private plan that is equal or better than the state program.
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Eligibility:
Employers
Any employer with one or more employees working in the state of Massachusetts.
Self-employed and certain governmental agencies are excluded but can opt-in to the program.
Employees
Employees are eligible for PFML if they have earned at least $6,300 (adjusted annually) in wages during the last 4 completed calendar quarters and 30 times the PFML benefit amount. All W-2 workers, including full-time, part-time, and seasonal employees are covered.
1099 workers in Massachusetts are covered if they make up more than 50% of their employer’s workforce.
Terminated employees are also eligible for PFML benefits for claims beginning within 26 weeks of termination, as long as they remain unemployed.
Benefits overview
Medical leave
- Employee’s own serious health condition
Family leave
- Bond with a new child after birth, adoption, or foster care placement
- Care for a family member with a serious health condition
- Military exigency related to a family member’s active military duty or call to duty
- Care for an injured service member
20 weeks for medical leave
12 weeks for family leave
A combined maximum of 26 weeks in a benefit year
The portion of the Average Weekly Wage that is equal to or less than 50% of the State Average Weekly Wage is paid at a rate of 80%; and
The portion of the Average Weekly Wage that is more than 50% of the State Average Weekly Wage is paid at a rate of 50%
The maximum benefit is $1,170.64
There is a 7-day waiting period under Massachusetts PFML for all new claims
Leave can be taken continuously, intermittently, or on a reduced schedule
Leave under Massachusetts PFML is considered job protected leave
Additional information:
Private Plans
Employers may opt out of the state program in favor of a private plan. Private plans are effective at the start of the quarter following approval by the state.
A private plan must:
- Provide equal to or better benefits than those under the state plan
- Cover all employees employed by the employer
- Guarantee employee contributions are not greater than what the employee would pay under the state plan
- Include no additional requirements or conditions than the state plan
Covered Family Members
Under Massachusetts PFML, employees may take family leave to care for a family member with a serious health condition. Covered relationships include:
- Spouse or domestic partner
- Child (biological, adopted, or foster)
- Parent and spouse or domestic partner’s parents
- Sibling
- Grandparent
- Grandchild
To learn more about Massachusetts’s paid leave program, visit the Department of Family and Medical Leave website.