Massachusetts law about parental, family and medical leave

Are you a new parent, or are you or a family member experiencing health issues? Learn about the different types of paid and unpaid leave that you may be eligible for, including laws, web and print sources that may be helpful.

Types of leave available

There are 3 types of family leave laws (2 of which are also medical leave laws):

• Parental Leave (formerly called maternity and paternity leave)
• Paid Medical Family Leave (PFML)
• Family and Medical Leave Act (FMLA)

Type of leave	Is it paid?	Job protection?	Length of time provided	Stipulations
Parental Leave	No	Yes	8 weeks after the birth of adoption of a child.	Applies to employers with 6 or more employees.
PFML	Yes	Yes	Up to 12 weeks to care for a family member or a new child. Up to 20 weeks for your own serious health issue. Up to 26 weeks combined family and medical leave per benefit year; or to care for a family member who is a covered service member with a serious health condition that was received or aggravated while they were deployed on active duty.	Employee must have earned at least $5,700 in the previous 12 months. PFML eligibility is not dependent on how long an individual has worked for a current employer. All Massachusetts businesses may be subject to PFML law, even those that are not subject to FMLA law. Learn about the types of employment not covered by PFML.
FMLA	No	Yes	Up to 12 workweeks in a 12-month period to care for: a new child, a serious health condition (the employee or a family member), family members who are in the military on 'covered active duty' and have qualifying exigencies. Up to 26 workweeks in a 12-month period to care for "a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave)."	Employee must have been with their employer for at least 12 months and worked at least 1,250 hours over that time. Employers subject to FMLA law: Private sector employers with at least 50 employees within 75 miles of your jobsite Municipal, state and federal public sector agencies Private and public schools

Parental Leave

Massachusetts laws and regulations

MGL c. 149, § 105D Parental leave
Law applies to all parents, regardless of gender, whose employers have six or more employees. Under the law, parents are eligible for 8 weeks of leave per child. If both parents work for the same employer, they shall only be entitled to 8 weeks of leave in the aggregate for the birth or adoption of the same child. Leave may be with or without pay "at the discretion of the employer."

MGL c. 151B, § 4 Unlawful practices
An employer may not refuse to hire or discharge an employee because of pregnancy or conditions related to pregnancy. Pregnant employees may request reasonable accommodations at work.

804 CMR 8.00 Maternity leave (Mass. Commission Against Discrimination)
Defines terms in maternity leave law. This regulation has not been revised since the law was changed to include all parents regardless of gender. 

Massachusetts administrative decisions

Ackerman v. Schwartz, 26 MDLR 18 (2004)
Employee established discrimination based on her pregnancy after employer made disparaging comments about her pregnancy, expressed concern about her ability to perform her job, and reduced her employee status from salaried to hourly after a brief absence due to medical complications, and finally terminated her employment. The MCAD found little to no evidence of tardiness, loss of business, or other reasons to reduce employee's status or terminate her employment.

Selected cases

Global NAPS, Inc. v. Martha Awiszus, 457 Mass. 489 (2010)
Female employee was not entitled to the protections of the [previously named] Massachusetts Maternity Leave Act because she was absent from work for longer than eight weeks. While the employee might have had other rights that protected her from unlawful termination, the only claim she asserted was one under MGL c. 149, § 105D.

Paid Family Medical Leave (PFML)

Massachusetts laws and regulations

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.

458 CMR Department of Family and Medical Leave
Clarifies procedures, practices, and policies in the administration and enforcement of the Paid Family and Medical Leave Law, M.G.L. c. 175M.

830 CMR 175M Family and medical leave

Selected cases

Bodge v. Commonwealth, 494 Mass. 623 (2024)
The SJC ruled that the "the plain language of the G. L. c. 175M does not require an employer to guarantee the accrual of vacation and sick time during an employee's PFMLA leave."

Family Medical Leave Act (FMLA)

Federal law and regulations

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

29 CFR 825 Family and Medical Leave Act

Selected cases

DaPrato v. MWRA, 482 Mass. 375 (2019)
The SJC provided guidance on the types of conduct that may be permissible when out on FMLA. An employee taking a vacation during FMLA is not automatically grounds for termination or adverse employment actions against the employee.

Web sources

Parental leave in Massachusetts, Mass. Commission Against Discrimination.
Lists employee rights and employer responsibilities regarding unpaid parental leave, with links to detailed guidelines. You do not need to apply for parental leave with the Massachusetts state government, but must provide notice to your employer.

Paid Family and Medical Leave Act (PFML), Mass. Legal Help, 2024.
The Paid Family and Medical Leave Act (PFML) lets workers take up to 26 weeks of job-protected paid time off of work to care for their health, the health of a family member, or to bond with a new child. It is a Massachusetts state law.

Family and Medical Leave Act (FMLA) for unpaid time off, Mass. Legal Help, 2024.
The Family and Medical Leave Act (FMLA) lets you take up to 12 weeks of unpaid, job protected time off of work. It is a federal law.

Time off work for medical and family reasons, Mass. Legal Help, 2024.
In Massachusetts, you may have the right to take time off of work. Your rights depend on the reason, how long you’ve worked or earned, and your employer. Some laws give paid time off, others unpaid time off.

Print sources

Employment law by John F. Adkins, 3^rd ed., West, 2022.

• Section 16:15: Parental, child care, medical, and domestic violence leave
• Section 16:15.50: Paid Family and Medical Leave

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

Labor and employment in Massachusetts, Lexis, loose-leaf. (eBook available with library card)
Chapter 6: Massachusetts Paid Family and Medical Leave; Federal Family and Medical Leave Act.

Massachusetts employment law, 6^th ed., MCLE, 2024.
Chapter 16: The Family and Medical Leave Act.

The essential guide to family and medical leave, 7^th ed., Nolo, 2024.

Last updated:	September 8, 2025