Watch the video
Type of Law
PFML is a state law that was enacted in 2018 and is funded by contributions from both employers and employees that perform services in the Commonwealth.
FMLA is a federal law that was enacted in 1993.
All Massachusetts businesses may be subject to PFML law, even those that are not subject to FMLA law.
Only businesses with over 50 employees, public sector agencies, and private and public schools are subject to FMLA. These employers may be subject to both PFML and FMLA, the same way they pay both state and federal taxes.
Employee Eligibility Rules
To be eligible to receive paid leave under PFML, an employee must have earned at least $5,400 in the previous 12 months. PFML eligibility is not dependent on how long an individual has worked for a current employer.
To qualify for FMLA, an employee must have been with their employer for at least 12 months, with at least 1,250 hours worked over that time. Private sector employers must have over 50 employees to qualify for eligibility. FMLA also applies to all public sector employees and employees in all public and private schools.
Employers may be responsible for collecting and making PFML contributions on behalf of their employees. To calculate their total contribution, Massachusetts employers should first determine their average annual workforce.
There are no contributions to collect or make under FMLA, since it is not a paid benefit.
Under both PFML and FMLA, businesses must inform their employees about their rights and benefits under each law and must display a poster in the workplace that explains these benefits.
Paid family and medical leave provides Massachusetts employees with up to 12 weeks of job-protected, paid family leave, up to 20 weeks of job-protected, paid medical leave, or up 26 weeks of combined family and medical leave in a benefit year.
FMLA provides up to 12 weeks of job-protected, unpaid leave in a calendar year for family or medical reasons, or up to 26 weeks of job-protected, unpaid leave in a calendar year to care for a family member in the armed services. Employers are not required to pay employees taking FMLA leave.
In both PFML and FMLA, employers are required to maintain the employee’s health insurance at the same levels the employee had prior to going on leave. Upon their return to the workforce, an employee who has taken leave must be allowed to return to their previous position, or a position of similar responsibility and compensation.
In both PFML and FMLA, family leave may be taken to:
Bond with a newborn or newly adopted child
Care for a family member with a serious health condition
Care for a family member who is a covered servicemember and was injured while serving in a foreign country
Manage family affairs when a family member is deployed or will be deployed in a foreign country
In both PFML and FMLA, medical leave may be taken if you are unable to work due to a serious medical condition.
Department of Family and Medical Leave - Hours of operation: Monday-Friday, 8 a.m. - 5 p.m.
Department of Family and Medical Leave - Hours of operation: Monday-Friday, 8 a.m - 5 p.m.
Department of Revenue - Hours of operation: Monday-Friday, 8:30 a.m. - 4:30 p.m.