Your eligibility for Paid Family and Medical Leave (PFML)

Learn if you are eligible for PFML benefits.

Who is eligible for PFML coverage?

You are covered by the PFML law if:

1. Your type of employment is not exempt under PFML law, however you may be covered if your exempt employer has opted into the PFML program, or if you opted in as a self-employed individual, and, 

2. You qualify as a PFML covered individual, a term that can include: 

• Employees in Massachusetts or for the Commonwealth of Massachusetts or its agencies.  This includes employees working in Massachusetts, even if the employer is located in another state or country, 
• Formers employee who worked in Massachusetts or for the Commonwealth of Massachusetts or its agencies, and have been unemployed for 26 weeks or fewer, 
• Covered contract workers who are self-employed individuals who receives a 1099-MISC tax form from a business that issues 1099-MISC tax forms to more than 50% of its workforce, 
• Self-employed individuals who opt-into the PFML program, and, 

3. Your employer doesn't have a DFML approved private paid leave plan that provides benefits that are equal to or greater than the state's coverage, and, 

4. You meet the DFML’s earnings requirements, and, 

5. You have a qualifying reason for the leave, for example a serious health condition that prevents you from working, need to take care of an ailing family member, welcoming a new child into the family, or for certain military considerations. 

Additional Resources

PFML Information for Employees Overview

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Types of employment not covered by PFML

Municipalities, districts, political subdivisions, housing authorities, regional school districts, and regional planning commissions are types of employers that are not eligible for PFML coverage but may opt in through a vote of their governing body or committee. 

Charter schools are covered by PFML because they are not considered municipality employment.

Certain types of work are automatically excluded from PFML, including:

• Work performed for a son, daughter, or spouse 

• If under 18, work performed for one’s father or mother 

• Work performed by inmates of penal institutions 

• Independent contractors as defined by this three-part test

• Employment in the railroad industry 

• Work provided by real estate brokers/salespeople and insurance agents/solicitors in commission-only jobs

• Newspaper delivery and sales by persons under 18 

• Employment by churches and certain religious organizations 

• Work done by work-study students, student nurses and interns, or those in work trainee programs in non-profit or public institutions

Additional Resources

Excluded employers and employment types

Opting in if you are self-employed

If you are self-employed and reside in the Commonwealth of Massachusetts, you can sign up for the PFML program through MassTaxConnect.

Your PFML enrollment will begin on the date you opt in through MassTaxConnect. After you enroll in the program, you'll be required to stay enrolled for at least 3 years. During this time, you'll have to file quarterly earnings reports and make the full quarterly contribution payments for both family and medical leave based on your earnings.

To be eligible for benefits, you will have to:

• You must have met the minimum earnings requirement established annually by the Department of Unemployment Assistance (DUA) during the last 4 completed calendar quarters. In addition, you must have earned at least 30 time the benefit amount that you are eligible for.

• Pay the contribution rate for both family and medical leave for at least 2 of your last 4 completed calendar quarters before claiming benefits. This rate adjusts annually. 

If you own a business and pay yourself through a W-2, you don’t need to opt in because you are considered an employee of the business and will already be a part of the PFML program.

Additional Resources

Paid Family and Medical Leave coverage for self-employed individuals

Opt in and contribute to PFML as a self-employed individual

Working for a Massachusetts business or state agency

You're eligible for PFML coverage if you are:

• A full-time, part-time, or seasonal employee in Massachusetts

• An employee of the Commonwealth of Massachusetts or one of its agencies

• A 1099-MISC contractor who works for a business that issues 1099-MISC tax forms to more than 50% of its employees

• Unemployed for 26 weeks or fewer

Participating in Massachusetts Paid Family and Medical Leave

Each employer can decide whether to participate in PFML or provide equal or better coverage through a private leave plan. Ask you employer if they are participating in PFML or an approved private plan.

If you own a business and pay yourself through a W-2, you are considered an employee of the business and a part of the PFML program.

Earnings requirement

In addition, you must meet the DFML’s financial eligibility earnings requirements to be eligible.   

You must have met the minimum earnings requirement established annually by the Department of Unemployment Assistance (DUA) during the last 4 completed calendar quarters and earned at least 30 time the benefit amount that you are eligible for.

DFML uses your base period earnings to determine your individual average weekly wage (IAWW). A base period is the last 4 quarters you completed and were paid prior to the start of your benefit year.  DFML then uses your IAWW to calculate a weekly benefit amount.

If you want more information on earnings requirement calculations, go to M.G.L. c. 175M, § 3.

To check if you’re eligible, DFML uses all of your earnings from all the jobs and employers you have during your base period. If you have more than one job and are approved for benefits, your benefit amount will be based on the earnings you have received from the employer or employers you are taking leave from.

DFML provides a calculator to help you estimate your IAWW and your weekly benefit amount. The calculator is provided for estimation purposes only and is not a guarantee of weekly benefits.

Qualifying Reasons

A qualifying reason is the cause or event that makes you unable to work and eligible for Paid Family and Medical Leave benefits. Qualifying reasons are:

• Caring for your own serious health condition as certified by a health care 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 health care provider, including illness, injury, or pregnancy/childbirth (up to 12 weeks of paid family leave)

• Bonding with your 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)

Learn more

Last updated:	May 10, 2023