Blog Post  Myths about Paid Family Leave in Massachusetts

Since the beginning of 2021, nearly all Massachusetts employees are entitled to take paid time off when they need it most. Paid Family and Medical Leave (PFML) is a program designed to help people in Massachusetts take paid time off for family and medical reasons. This means they can receive up to 12 weeks of paid family leave to care for a family member or bond with a new child and up to 20 weeks of paid medical leave to address any serious medical issues.  Many Massachusetts residents have raised questions about eligibility, how to apply, and more. As with any relatively new program, misinformation may develop so we want to make sure Massachusetts residents have accurate information about this program. 

If you are looking to apply for paid time off, you can learn how to begin an application online.

Myth #1: Only mothers are eligible to take paid family leave.

A parent or legal guardian 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. Although this is commonly known as maternity leave, its official name is parental leave, as a parent of any gender can take family leave to bond with their child in Massachusetts.

Beyond family leave, most Massachusetts employees are eligible for up to 26 weeks of combined family and medical leave per benefit year. You can take leave for a qualifying reason, which is defined as the cause or event that makes you unable to work and eligible for Paid Family and Medical Leave benefits. Qualifying reasons include:

• Caring for your serious health condition as certified by a health care provider, including illness, injury, or pregnancy/childbirth (up to 20 weeks of paid medical leave)
• Caring for a family member with a serious health condition as certified by a health care provider, including illness, injury, or pregnancy/childbirth (up to 12 weeks of paid family leave)
• Bonding with your child during the first 12 months after birth, adoption, or placement (up to 12 weeks of paid family leave)
• Caring for a family member who was injured serving in the armed forces (up to 26 weeks of paid family leave)
• Managing affairs while a family member is on active duty (up to 12 weeks of paid family leave)

Myth #2: PFML and FMLA are the same.

Massachusetts is one of a handful of states in the country to offer its own paid family and medical leave program. Massachusetts’ Paid Family and Medical Leave Act (PFML) and the federal Family and Medical Leave Act (FMLA) are separate laws that cover similar situations. Employers who are exempt from FMLA may still be subject to PFML and, as a result, may be required to inform their employees about their rights under PFML and to collect and make PFML contributions.

Massachusetts’s PFML law is funded through employer and employee contributions and is different from the federal Family and Medical Leave Act and from any benefits your employer might already offer.

If you need to take paid leave, the first thing you need to do is inform your employer. Once you have done this, pay changes, loss of benefits and retaliation.

Myth #3: I will be taxed if I opt into these benefits.

As of 2023, the IRS has not yet made a ruling on whether your PFML benefits are considered “taxable income.” Massachusetts tax treatment will follow the guidance provided by the IRS. Employees have the option when applying to have state and federal taxes withheld from their weekly benefits. If an employee chooses this option, DFML will withhold 5% for state taxes and 10% for federal taxes. These are reductions DFML has set, not the IRS.

Myth #4: There is only one type of leave you can apply for.

There are several different kinds of leaves you might take depending on your circumstances; each has its own set of eligibility and application processes. Learn more about different types of leave here, including what you will need to prepare to apply for each.

Myth #5: I am not eligible for leave if I am self-employed.

If you are self-employed, you may opt-in. There is a step-by-step guide that can help you opt-in and choose to participate in the PFML program.

Myth #6: I would be forced to take my leave at once.

The PFML program provides flexibility in how you schedule your leave. Paid family and medical leave can be taken on a continuous, reduced or intermittent schedule. You can take it all at once or a few days at a time per week. You can choose from the three different ways to schedule your leave or also mix these types to fit your needs.  Learn more about what kinds of schedules PFML accommodates here.

You can now apply for PFML online in Español, Português, 简体中文, and Kreyòl ayisyen. Translation services are also available for up to 240+ languages. Call (833) 344-7365 for more information.