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.