State Spotlight: Massachusetts PFML
Welcome back!
Occasionally, I'll be spotlighting a state and their paid family and medical leave laws. Today, I’m putting the spotlight on Massachusetts!
The Massachusetts Paid Family and Medical Leave (PFML) has been in place since 2021. It offers job-protected leave (and pay, of course) for the following:
Personal illness (20 weeks)
Family leave (12 weeks) which includes:
Taking care of a family member with a serious illness. This includes:
Spouse
Domestic partner
Child
Parents
Parents-in-law
Grandparent
Grandchild
Sibling
The birth/adoption/foster placement of a child
Military Exigency reasons (12 weeks)
Care for a family member in the Armed Forces (26 weeks)
The total amount of leave for any of the above reasons combined is 26 weeks in a benefit year.
You mentioned pay. How much are we talking?
To be eligible for the PFML, you have to meet an earnings requirement. Massachusetts has a state calculator (with a fun formula) to help you determine what your employee could be eligible for per week. I’d like to stress that the number is purely an estimate, so make sure you tell your employee that the number isn’t set in stone. But the PFML will pay a percentage of your employee’s average weekly wage. For this year (2023), the maximum weekly benefit is $1,129.82. As of 2024, the maximum will go up to $1,149.90.
If you’re a Massachusetts employer, keep in mind that even new hires are most likely eligible for leave under the PFML. As long as your employee pays into it, and also paid into it at their previous employer (if they’re brand new), they’re most likely eligible. The calculator can tell you. But - if you hired a new employee from another state, they most likely won’t be eligible from day 1 because they haven’t met the earnings requirement yet.
What about FMLA? Do my employees still need to know about that?
As redundant as this may seem, you still have to mention the FMLA to your Massachusetts employees. Here’s the good news: the FMLA (in most cases) runs concurrently with the PFML. The only time it doesn’t is if your employee is on leave to care for a family member not covered by the FMLA, or your employee isn’t FMLA eligible yet. So, even though the FMLA only offers job protection and no pay, PLEASE still mention it to your employee.
What happens if you don’t?
Your employee can come back after their PFML leave and say “hey, looks like you forgot to mention that I had rights under the FMLA. Now I get to be out a BONUS 12 weeks!”
That’s a waaaaay longer absence than you probably anticipated, and now you can’t do a thing about it.
So, always keep in mind: federal law first (FMLA), then state law (PFML). That way you don’t have to worry about missing anything.
Do you have Massachusetts employees, and have questions? Want to know if they’re eligible? Book some time with me and I’ll walk you through it from start to finish!
