Family and Medical Leave Options (FMLA and PFML) for Commonwealth Employees

Qualifying reasons for which an employee can take FMLA or PFML leave include: 

• Birth, adoption, or placement of a foster child 
• For a serious health condition that makes the employee unable to perform the essential functions of their job 
• To care for a family member with a serious health condition 
• To care for a covered servicemember with a serious injury or illness (employee's spouse, child, parent, or next of kin) 
• For any qualifying exigency arising out of the fact that an employee's family member is on active military duty or call to covered active duty status 

Employees with a qualifying reason for leave must notify Workpartners, the Commonwealth's absence and leave administrator ideally 30 days in advance of the leave, if feasible. Otherwise, you need to notify Workpartners as soon as you become aware that you will need to take a leave. Contact information for Workpartners is available on our dedicated webpage.

Workpartners will conduct an intake session with the employee to determine the available options for job-protected leave. During the intake session, Workpartners will also gather information about the leave request and inform the employee as to what information is necessary to approve and manage the employee’s leave. Workpartners can also answer questions about accruals available to the employee and how employees can apply to the DFML for benefits. Employees will be expected to provide information back to Workpartners as required.  If you have additional questions, you may also contact your HR Department's Workpartners liaison. 

Under the federal law, FMLA is an unpaid leave, unless the employee has accrued paid leave through their employer or is eligible for another program that would allow the employee to be paid by the Commonwealth while absent due to a serious health condition. 

During a PFML leave, an employee has the option to apply for temporary wage replacement benefits from the Department of Family and Medical Leave (DFML), which would provide a percentage of the employee’s average weekly wage. Payments from the DFML are separate and distinct from paychecks that state employees receive from the Commonwealth as their employer.

Alternatively, the employee can opt to receive their regular pay by using their accrued paid leave through the Commonwealth, as their employer, or, if eligible, another program that would allow the employee to be paid by the Commonwealth while absent due to a serious health condition. Effective November 1, 2023, employees approved for benefits by the DFML may request that their employer use their accrued paid leave to “top off” payments from the DFML to make their wages whole. State employees seeking this option must work with their HR department’s Workpartners Liaison to provide this top-off request in writing. 

Learn more about PFML Top-Off

If an employee has a serious health condition of their own that incapacitates them from performing their job, they qualify for FMLA and/or PFML leave. In most circumstances, FMLA and PFML will run concurrently if the employee is eligible for both types of leave.

When an employee requests a medical leave covered by FMLA and/or PFML or their agency has reason to believe their absences are for a serious health condition, the employee will be asked to provide a healthcare (medical)certification to support a need for leave and have it designated as FMLA and/or PFML leave.  

FMLA and PFML leave can be taken on a continuous or intermittent basis if medically necessary, as demonstrated in the healthcare certification. The documentation requirements and deadlines for submitting documentation will be explained to employees by Workpartners during the intake session. Generally, employees will have 15 days to provide a completed medical certification to their agency. 

While on leave, employees will have their health insurance maintained at the same level as if they had not been on leave. At the conclusion of leave employees are entitled to return to the same or equivalent position. 

Not all absences due to illness or injury qualify as leave covered by the FMLA law or PFML program. The following circumstances could be considered covered by FMLA or PFML:

• Inpatient hospital care (including an overnight stay)

• Incapacity for more than 3 consecutive days and subsequent treatment

• Incapacity caused by pregnancy or for routine prenatal care

• Permanent or long-term conditions

• Chronic conditions

• Conditions requiring multiple treatments

There is no restriction on the amount of accrued sick, vacation, personal, and compensatory balances that an employee can use for their own illness under the FMLA and PFML. As of November 1, 2023, employees approved for benefits by the Department of Family and Medical Leave (DFML) may request that their employer use their accrued paid leave to “top off” payments from the DFML to make their wages whole. State employees seeking this option must work with their HR department’s Workpartners Liaison to provide this top-off request in writing.

Learn more about PFML Top-Off

All or part of the leave may also be unpaid but the employee still has the job protection of an FMLA or PFML leave.

Employees may also be able to use one or more of the following types of wage replacement benefits during their approved leave: 

• Extended Illness Leave Bank (EILB) if a member

• Workers' compensation or injured by patient or prisoner benefits if work-related injury or illness

• Short-term disability (if enrolled)

• Long-term disability (if enrolled)

If an employee has a family member with a serious health condition who requires care from the employee due to that condition, then the employee may qualify for FMLA and/or PFML leave. Please see section above for more information about what family members are covered by FMLA and PFML. In most circumstances, FMLA and PFML will run concurrently if the employee is eligible for both types of leave.

When an employee needs to take a leave of absence, a healthcare certification will need to be completed by the patient’s healthcare provider and submitted to Workpartners. The documentation requirements and deadlines for submitting documentation will be explained to the employee by Workpartners during the intake session. Generally, employees will have 15 days to provide a completed medical certification to their agency. 

The healthcare (medical) certification must support that a family member needs personal or physical assistance or psychological support from the employee. Leave for this reason can be taken on a continuous or intermittent basis. 

While on leave, employees will have their health insurance maintained at the same level as if they had not been on leave. At the conclusion of leave employees are entitled to return to the same or equivalent position.

Not all absences due to illness or injury qualify as leave covered by the FMLA law or PFML program. The following treatments could be considered covered by FMLA or PFML: 

• Inpatient hospital care (including an overnight stay) 

• Incapacity for more than 3 consecutive days and subsequent treatment 

• Incapacity caused by pregnancy or for routine prenatal care 

• Permanent or long-term conditions 

• Chronic conditions 

• Conditions requiring multiple treatments

There are annual limits to the number of accrued sick days (usually 60 days per calendar year) that an employee can use for family illness.

There is no restriction on the amount of accrued all vacation, personal, and compensatory balances that an employee can use for the care of a family member under the FMLA and PFML. As of November 1, 2023, employees approved for benefits by the Department of Family and Medical Leave (DFML) may request that their employer use their accrued paid leave to “top off” payments from the DFML to make their wages whole. State employees seeking this option must work with their HR department’s Workpartners Liaison to provide this top-off request in writing.

Learn more about PFML Top-Off

All or part of the leave may also be unpaid but the employee still has the job protection of an FMLA or PFML leave.

The FMLA law and PFML program allow eligible employees to take job-protected leave to care for a covered military service member or certain veterans with a service-related serious injury or illness. Leave can be taken on a continuous or intermittent basis. 

If an employee has a family member who is a current servicemember or a veteran with a service-related illness or injury and requires care from the employee due to that condition, then the employee may qualify for FMLA and/or PFML leave. Please see section above for more information about what family members are covered by FMLA and PFML.  

Employees may take up to 26 weeks of FMLA Lleave and up to 26 weeks of PFML leave per benefit year to care for a relatives family member with a military-related illness/injury. In most circumstances, FMLA and PFML will run concurrently if the employee is eligible for both types of leave. 

While on leave, employees will have their health insurance maintained at the same level as if they had not been on leave. At the conclusion of leave employees are entitled to return to the same or equivalent position.

An employee is able to request FMLA or PFML leave if their family member or next of kin is a current servicemember or veteran who has a serious injury or illness that was incurred in the line of duty that caused the family member to be medically unfit to perform regular military duties. 

In addition, employees who are family members of veterans qualify for FMLA or PFML leave if of the veteran has a service-related mental or physical condition that: 

• significantly impairs their ability to work; or 
• led to a 50% disability rating from U.S. Veterans Affairs (VA); or 
• cause person to be enrolled in the VA's Comprehensive Assistance for Family Caregivers program 

There are annual limits to the number of accrued sick days (usually  60 days per calendar year based on the employee's union contract or Red Book) that an employee can use for family illness.  

There is no restriction on the amount of accrued all vacation, personal, and compensatory balances that an employee can use for the care of a family member under the FMLA and PFML.As of November 1, 2023, employees approved for benefits by the Department of Family and Medical Leave (DFML) may request that their employer use their accrued paid leave to “top off” payments from the DFML to make their wages whole. State employees seeking this option must work with their HR department’s Workpartners Liaison to provide this top-off request in writing.

Learn more about PFML Top-Off

All or part of the leave may also be unpaid but the employee still has the job protection of an FMLA or PFML leave. 

One reason employees can take FMLA or PFML leave is for any qualifying exigency arising out of the fact that their family member is on active military duty or called to covered active duty status. Please see section above for more information about what family members are covered by FMLA and PFML. In most circumstances, FMLA and PFML will run concurrently if the employee is eligible for both types of leave. 

The leave can be taken intermittently for up to 12 weeks per benefit year. While on leave, employees will have their health insurance maintained at the same level as if they had not been on leave. At the conclusion of leave employees are entitled to return to the same or equivalent position.  

If there are children in the family, a deployment may create new issues such as childcare changes or school meetings. The employee not deployed may have additional financial or legal responsibilities, so this time is allowed for the home life to be as normal as possible while allowing for a short period of adjustment without having to be at work full-time.  

Situations (exigencies) that may be covered under the FMLA and PFML include: 

• Short-notice deployment 
• Military events and related activities 
• Childcare related and school activities 
• Financial and legal arrangements 
• Counseling 
• Rest and recuperation 
• Post-deployment activities 
• Some additional activities 

The employee may only use sick time if the time is spent to attend counseling. 

There is no restriction on the amount of accrued all vacation, personal, and compensatory balances that an employee can use for the care of a family member under the FMLA and PFML. As of November 1, 2023, employees approved for benefits by the Department of Family and Medical Leave (DFML) may request that their employer use their accrued paid leave to “top off” payments from the DFML to make their wages whole. State employees seeking this option must work with their HR department’s Workpartners Liaison to provide this top-off request in writing.

Learn more about PFML Top-Off

All or part of the leave may also be unpaid but the employee still has the job protection of an FMLA or PFML leave.