- Executive Office of Labor and Workforce Development
- Department of Family and Medical Leave
In celebration of Pride Month, the Executive Office of Labor and Workforce Development (EOLWD) proudly affirms Massachusetts is stronger and more competitive when we embrace the diversity of our workers and workforce across the Commonwealth. We also believe all workers should experience inclusive work environments so everyone feels safe and welcome in the workplace.
Massachusetts is one of a few states to offer workers up to 12 weeks per year of Paid Family Medical Leave (PFML), and the Commonwealth is committed to offering inclusive family bonding and leave benefits to workers that call Massachusetts home, no matter their preferred identity or sexuality.
As of 2021, Massachusetts ranks in the top 10 states with the largest number of same-sex household couples. U.S. Census Bureau analysis of Current Population Survey (CPS) shows 14.7% of same-sex couples have children in their household. You might be familiar with the Family Medical Leave Act, commonly known as FMLA, a benefit administered by the federal government that allows workers to take unpaid, job-protected leave for specified family and medical reasons. Massachusetts’ PFML program provides temporary income replacement to eligible workers who are welcoming a new child into their family, are struck by a serious illness or injury, need to take care of an ill or ailing relative, and for certain military considerations.
The arrival of a new child is an exciting yet challenging time for any household, and LGBTQIA+ parents may especially experience challenges when take time off from work to care for a new child. Recognizing this, the Massachusetts Department of Family Medical Leave (DFML) has prepared a guide to Paid Family and Medical Leave for LGBTQIA+ Families as a resource in navigating parental leave.
What does the Massachusetts PFML program do for LGBTQIA+ families?
LGBTQIA+ families are entitled to the same PFML benefits as any other family in the Commonwealth. The program provides individuals who meet the eligibility requirements the ability to take family leave to:
- bond with a new child (including adopted and foster children)
- care for a family member with a serious health condition
- address certain military family needs
Am I eligible?
If you work in Massachusetts, you are probably eligible for PFML. Commonwealth employers of all sizes participate in PFML, unlike FMLA where organizations with fewer than 50 employees are not covered. In order to be eligible, you’ll also have to meet PFML’s earnings requirements and have a qualifying reason for taking leave.
However, if your employer has an approved private paid leave plan or is excluded from the program, you are not eligible for benefits through the DFML.
Who can take family leave to bond with a child?
A parent or legal guardian of any gender can take up to 12 weeks of family leave in a benefit year to bond with a child during the first 12 months after the child’s birth, adoption, or foster care placement.
What types of child-parent relationships are covered under the family leave program?
Under the PFML program, you can take leave to bond with your biological, adoptive, or foster child. You can take family leave to care for your child (birth, adoptive, or foster), your legal ward, stepchild, the child of your partner, or a child to whom you stand in loco parentis.
Can the birthing parent take medical leave to recover from delivery?
Yes, the birthing parent is also eligible to take medical leave post-delivery. This medical leave is in addition to the maximum of 12 weeks provided for family leave to bond with the new baby. A typical duration of medical leave for recovery is 6-8 weeks. If applicable, you should apply for medical leave first then add family leave to bond with your child to the same application.
Do I need to take family leave to bond with a child at the same time as my partner?
No, you are not required to take leave at the same time. You can choose a different time, provided that both eligible individuals take the leave within the first 12 months of the child’s birth, adoption, or foster care placement.
If a family member has a serious health condition, can I take time off to care for them?
You can take paid family leave to care for your spouse or partner; your children, stepchildren or partner’s children; your parents, stepparents or parent’s partner; your spouse or partner’s parents, your grandchildren, step-grandchildren or partner’s grandchildren; your grandparents, step-grandparents, or grandparent’s partner; or your siblings or step-siblings - if in each case that person has a serious health condition. In addition, you can care for family members with whom you had an in loco parentis relationship, or who are related through custodial/non-custodial care, and/or as legal ward. The PFML program defines family members more broadly than FMLA, so you may be eligible for family leave under PFML, even if you would not be eligible under FMLA.
What kinds of serious health conditions are covered?
The PFML program covers leave to care for a family member with a mental or physical illness, injury, condition, or disability that requires at least one of the following:
- An overnight stay in a medical facility
- 2 or more treatments by a health care provider within 30 days of whatever prevented your family member from doing their job
- At least 1 treatment by a health care provider within 30 days of whatever prevented your family member from doing their job, with plans for continued treatment, including prescriptions
How much paid family leave can I take?
You may be eligible to take up to twelve weeks of family leave in a benefit year.
Do I have to take my paid family leave all at once?
Many types of leave permit you to take leave over one continuous period, on a reduced schedule, or intermittently as needed. However, you can only take bonding leave intermittently or on a reduced schedule if agreed to by you and your employer.
Will my job be protected while I am on leave?
Yes. The Paid Family and Medical Leave law protects your right to return to work with the same or equivalent job, benefits, and health insurance without retaliation.
How much will I get paid on family leave?
Your weekly benefit amount is calculated using several different factors and DFML provides a calculator to help you estimate your weekly benefit amount. For 2023, the maximum weekly benefit rate is $1,129.82.
Call the DFML Contact Center at (833) 344-7365 between the hours of 8 a.m.- 5 p.m. or visit mass.gov/dfml to learn more.
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