Notices, Appeals, and Employee Protections under Paid Family and Medical Leave (PFML)

Massachusetts employees are entitled to certain protections under PFML law.

Notifications about PFML

Workplace poster

Employers subject to PFML must display a workplace poster prepared or approved by the Department of Family and Medical Leave (DFML) that explains the benefits available to employees under the PFML law. They must publicize or post this poster at its workplaces in a location where it can be easily read.

Written notice requirements

Employers subject to PFML must provide written notice to employees about PFML benefits, contribution rates, and other provisions as outlined in M.G.L. c. 175M, sec. 4. Contribution rates and benefit amounts are updated annually.

New employees
Employers subject to PFML must provide new employees with a form explaining certain details of the PFML program within at least 30 days of hire. The notice can be provided in paper form or electronically. The notice must include the opportunity for employees to accept or decline receipt of the information. Employees should return a signed form, or employers need to be able to show their effort to give employees the information.

Current employees
For current employees or contractors who have previously been given notice about the PFML program, employers must provide updated information on the new PFML contribution rates at least 30 days in advance of a rate change. This notice may be provided electronically and does not require an updated signature.

Learn more about PFML posters and notifications.

Your Job Protections

Certain job protections start as soon as you tell your employer that you are planning on taking a leave of absence that is protected under the PFML law.

Retaliation

Your employer can’t punish you because you took or applied for PFML. This includes things like:

• Firing you

• Disciplining you

• Suspending you

• Asking you to resign

• Demoting you

• Threatening you

• Discriminating against you

Your employer also can’t punish you for filing a complaint against them for breaking any of these rules.

An employee or former employee who is retaliated against or discriminated against for exercising their rights under the PFML law may institute a civil lawsuit against their employer in a Massachusetts Superior Court.

These protections start as soon as you tell your employer that you are planning on taking a leave of absence that is protected under the PFML law. Learn more about what kinds of leaves you can take under the PFML law here. 

Any negative change in your job that occurs during your leave or 6 months following your leave is presumed to be unlawful retaliation.

Even if you're covered by a private plan offered through your employer, you'll still have the same anti-retaliation and other protections under the PFML law.

During Leave

Health Insurance

If you get health insurance benefits through your employer, they will have to continue to provide for, contribute to, or otherwise maintain your health insurance benefits and pay whatever portion of the cost they usually cover while you are on leave, the same way that they would if you weren’t on leave. If you usually pay a portion of your health insurance costs through your employer, then you may be required to continue to do that during your leave.

Returning to Work

Returning to the Same or an Equivalent Job

When you return to work at the end of your approved family or medical leave, your employer must restore you to the same position or to an equivalent position with the same status, pay, employment benefits, length-of-service credit and seniority as of when the leave began. One exception is that if your coworkers with similar experience and status were laid off during your leave due to economic conditions or other changes, then your employer doesn’t have to restore you to your same job or to an equivalent job. Another exception is if your job was for a specific term or project which has ended and you would not have otherwise continued to be employed by that employer.

Keeping Previously Held Benefits

When you come back to work at the end of your approved family or medical leave, your employer is not allowed to reduce, pause, or stop your previously held right, 458 C.M.R. 2.16(1), to earn vacation or sick time, seniority, length-of-service credits, bonuses, or any other employment benefits, plans, or programs because you went on leave. However, your employer does not need to treat the time of your PFML leave as credited service for purposes of benefit accrual, vesting and eligibility to participate in employment benefits.

Filing a Report, Appeal, or Lawsuit

Employer Discrimination or Retaliation

If you, an employee or former employee, were retaliated against or discriminated against for exercising your rights under the PFML law, you may institute a civil lawsuit against your employer in a Massachusetts Superior Court.

Go here to find a lawyer in your area or to see if you qualify for free legal services for low-income individuals.

Appealing a DFML Decision

After DFML makes a decision about your application, you have ten (10) calendar days to file an appeal with DFML. You may appeal any aspect of a decision. You may be asked to provide additional information to support your appeal.

You can appeal online or call the Contact Center at [phone] to file an appeal over the phone. 

Learn more about appealing a paid family or medical leave decision.

Report Employer PFML Notification Failure

If an employer fails to publish a PFML required poster or fails to provide new employees with required written notice of the PFML program, you can notify the DFML by filling out this form.

Last updated:	June 26, 2023