Paid Family and Medical Leave for EEC-Subsidized Family Child Care Providers

Overview of Paid Family and Medical Leave (PFML) for Family Child Care (FCC) providers who belong to a FCC System or have a voucher agreement with a Child Care Resource and Referral Agency.

Effective October 2019, the legislature enacted the Paid Family and Medical Leave Act (PFML), which established a new benefit for Massachusetts employees. Like all employers in Massachusetts, the Commonwealth is required to participate in this program, which is administered by the new Department of Family and Medical Leave (DFML), and the law says that the Department of Early Education and Care (EEC) is the employer of family child care providers caring for subsidized children.

Notice of New Paid Family and Medical Leave Law

The Massachusetts legislature has enacted the Paid Family and Medical Leave Act (PFML), which established a new benefit for Massachusetts employees. Like all employers in Massachusetts, the Commonwealth is required to participate in this program, which is administered by the new Department of Family and Medical Leave (DFML), and the law says that the Department of Early Education and Care (EEC) is the employer of family child care providers caring for subsidized children.

Massachusetts law says that family child care providers are employees of the Department of Early Education and Care (EEC) for limited purposes. See M.G.L 15D § 17 (b) and (c). EEC initially was the employer solely for labor relations and payroll deductions. This was expanded by the Earned Sick Time legislation and the current Paid Family Medical Leave (PFML) legislation, which considers EEC as the employer for those purposes as well. This employer-employee relationship between EEC and the family child care providers does not create an employer-employee relationship between family child care providers and the Child Care Resource and Referral agencies (CCRRs) or the Family Child Care Systems (FCCS). It does not create an employer-employee relationship for any other purposes.

The law requires employers to provide notice about the law directly to all employees. The notice must be acknowledged (or refusal of acknowledgement noted) by every employee. On September 30, 2019, EEC emailed a notice and acknowledgement form to EEC-subsidized Family Child Care providers regarding the changes to the law. Questions and acknowledgment forms may be sent to: eecpfml@mass.gov.  Below are translated copies of the PFML notice only.  For translated copies of the notice and acknowledgement form for Massachusetts employers, please visit the Department of Family and Medical Leave’s website.

Additional Resources

Paid Family and Medical Leave Information for EEC Subsidized Family Child Care Workers

Beginning in January 2021, most Massachusetts workers will be eligible for paid family and medical leave under the Paid Family and Medical Leave (PFML) law. To learn more about what types of leave are covered and whether you're eligible for benefits as an EEC-subsidized Family Child Care provider, please read this helpful guide.

Additional Resources

Contact for Paid Family and Medical Leave for EEC-Subsidized Family Child Care Providers

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