Massachusetts law about family and medical leave

There are 2 family and medical leave laws: Massachusetts (PFML) and Federal (FMLA). This is a collection of laws, regulations, cases and web sources on both laws.

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Table of Contents

Best bet

Mass. Department of Family and Medical Leave
For everything you need to know about the state program, included the state tax and benefits, this is the place to start.

Federal Family and Medical Leave Act, U.S. Dept. of Labor.
The best place to start for information on the Family and Medical Leave Act (FMLA). Includes forms, guidance, and other resources.

Massachusetts law

MGL c.175M Paid family medical leave (PFML)
Establishes a system for paid family leave of up to 12 weeks to care for a family member, and up to 20 weeks for your own illness. The tax that pays for it began in 2019 with leave available beginning in 2021.

Massachusetts regulations

458 CMR Department of Family and Medical Leave

830 CMR 175M Family and medical leave

Federal law

29 USC §§ 2601 et seq. Federal Family and Medical Leave Act (FMLA)

Federal regulations

29 CFR 825 Family and Medical Leave Act

Selected cases

DaPrato v. MWRA, 482 Mass. 375 (2019)
"The central claim in this case is that the MWRA terminated DaPrato in retaliation for his exercise of his right to take medical leave under the FMLA. In relevant part, the FMLA provides that '[i]t shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subchapter.' 29 U.S.C. § 2615(a)(1). It also states that an employer may not 'discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this subchapter.' 29 U.S.C. § 2615(a)(2). A regulation issued by the Department of Labor further states that the FMLA's 'prohibition against interference prohibits an employer from discriminating or retaliating against an employee . . . for having exercised or attempted to exercise FMLA rights,' and in particular explains that 'employers cannot use the taking of FMLA leave as a negative factor in employment actions…'"

Web sources for employees

Appealing a denied paid family or medical leave claim, Mass. Dept. of Family and Medical Leave.
"Was your claim for Paid Family or Medical Leave (PFML) benefits denied? Learn how to request an appeal."

Massachusetts clarifies whether employees may "top off" Paid Family and Medical Leave benefits, National Law Review, September 2022.
Explains the proposed changes to Paid Family and Medical Leave in the Massachusetts FY 2023 budget and the current state of the law.

Paid Family and Medical Leave overview, Mass. Dept. of Family and Medical Leave.
Information on paid family and medical leave for workers, including frequently asked questions.

Web sources for employers

Important changes to Massachusetts Paid Family Medical Leave Law go into effect January 1, 2023, JD Supra, December 2022.
Lists changes to PFML beginning in 2023. Includes information on eligibility and contribution rates.

Massachusetts Paid Family and Medical Leave updates – what you need to know, National Law Review, April 2022.
Lists and links to updated guidance from the Mass. Dept. of Family and Medical Leave.

Paid Family and Medical Leave exemption requests, registration, contributions, and payments, Mass. Dept. of Revenue.
Important information for employers from the Department of Revenue.

Paid Family and Medical Leave for Massachusetts employers, Mass. Dept. of Family and Medical Leave.
A comprehensive page for Massachusetts employers. Includes information about employers’ obligations under the PFML law, as well as a practical guide to implementation.

Telework under the Fair Labor Standards Act and Family and Medical Leave Act, U.S. Dept. of Labor, Wage and Hour Division, February 9, 2023.
Provides information on remote employees’ eligibility for FMLA leave, including worksite requirements.

Print sources

Employee leave and accommodations law in Massachusetts, 5th ed., MCLE, 2022.

Labor and employment in Massachusetts, Lexis, loose-leaf, Chapter 6.

Massachusetts employment law, 5th ed., MCLE, loose-leaf, Chapters 17 and 20.

Your rights in the workplace by Sachi Barreiro, Nolo, 2018.

Contact for Massachusetts law about family and medical leave

Last updated: September 6, 2023

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