Massachusetts Paid Family and Medical Leave - Legislative Guidance

Table of Contents

Overview

Massachusetts Paid Family and Medical Leave (MAPFML) provides eligible employees with up to 26 weeks of paid, job-protected leave per benefit year for qualifying family, medical, or military absence reasons.

MAPFML is a state administered program funded through premiums collected via payroll contributions. How premiums are collected is based on the size of the employer. Employers with 25 employees in Massachusetts split the premium collection with the employees; for smaller employers the employees fund the premiums entirely.

The state does offer an option for equivalent plans. Equivalent plans must provide equal or greater benefits than the state program and be approved by the Massachusetts Department of family and medical leave.

A state administered program means the approval for pay and job-protected leave benefits are determined by the state. Employers will need to apply for an account to review inquiries from the state or to review decisions the state has made on an employee request.

AbsenceSoft Policies

MAPFML is configured in AbsenceSoft with the policy code and naming below:

• Massachusetts Paid Family and Medical Leave MA-PFML

Legislation codes and statues

The information presented in the guidance relates to the following legislative codes, links to the specific legislation can be found within the ‘Resources’ section of this document. :

• Massachusetts General Laws Part I, Title XXII (22), Chapter 175M (Mass. Gen. Laws ch. 175M)

• Code of Massachusetts Regulations 458, 2.00 ( 458 Code Mass Regs. 2.00)

Employer Coverage

A covered employer is defined as any employer subject to the state’s unemployment insurance. Additionally, employers with 25 or more employees will need to withhold an employee payroll contribution. If the employer’s workforce consists of 50% or more contractors they may be considered a covered employer.

Exclusions:

• Commission-only based jobs (real estate brokers, salespersons, insurance agents, solicitors)

• Religious organizations

• Churches (can opt-in)

• Railroad employees

• Employers exempt from income tax

• Public-sector employers (can opt-in)

• Employers of agricultural labor*

*Unless performing agriculture labor under the Immigration and Nationality Act/foreign alien admitted to U.S.

Employee Eligibility

An employee who works, or does work within the Commonwealth of Massachusetts, who is full-time, part-time, seasonal or contractor meet the requirements if they satisfy either of following:

• Earn a certain amount of compensation, as set by the Department of Unemployment Assistance (DUA), in the four calendar quarters before their leave begins;

• Earn at least 30 times the benefit amount they are eligible for;

• Request leave for a qualifying reason

Exclusions:

• Students in work study or intern programs, or work trainee programs administered by non-profit or public institutions

• Employees under the age of 18 working as newspaper delivery or sales

• Self-employed (can opt-in)

• Independent contractors

Qualifying Absence Reasons and Leave Duration

MAPFML covers three types of leave: family, medical, and military leave. Eligible employees can take up to 26 weeks of leave in any combination of medical, family or military leave, however, medical leave is capped at 20 weeks, family leave, exigency, bonding, and adoption/foster events are capped at 12 weeks, and military leave to care for a service member is capped at 26 weeks, in a benefit year. A benefit year is a 52-week period, measured as starting the Sunday before leave begins, and lasting 52 consecutive weeks.

Family Leave

• Adoption/Foster Care: Care for and bond with a child during the first year after placement through adoption or foster care.

• Bonding: Care for and bond with a new child during the first year after birth.

• Family Health Condition: Care for a family member with a serious health condition.

Medical Care

• Employee Health Condition: Care for the employee’s own serious health condition.

• Pregnancy/Maternity: Pregnancy disability leave and prenatal care.

Military

• Qualifying Exigency: Includes family member’s attendance of an active duty service member called for deployment to arrange childcare or care of another family member, plan for financial/legal, counseling, military ceremonies, other military events, time with the servicemember while on rest and recuperation, returning from deployment, or death of service member.

• Care for an Injured Servicemember: Must be a current or former service member or service member on a temporary disability retired list who is receiving care due to a health condition rendered or aggravated while deployed; or the medical condition existed before deployment but the deployment aggravated the situation.

Qualifying Family Member:

• A spouse or domestic partner;

• A child of any age(biological, adopted, foster, stepchild, legal ward, or in loco parentis relationship when child was a minor)

• A parent of the employee or parent of spouse/domestic partner

• A sibling

• A grandparent of the employee

• A grandchild of the employee

How Leave Can be Taken

Employees may take leave consecutively, intermittently, or reduced schedule for any qualifying reason.

• Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason.

• Intermittent leave: Leave taken in separate, sometimes unpredictable, blocks of time (either hours, days or weeks) between the start and end dates of leave.

• Reduced schedule: A reduction to the employees’ work schedule that results in either fewer hours per day or fewer days per week. A reduced schedule is consistent from one week to the next.

Certification Requirements

Employees should review the state MAPFML website for information required to file a claim. Employees will also need to provide proof of identity and the employer’s Federal Employer Identification Number (EIN).

Employers will be informed when an employee application needs to be reviewed and have 10 business days to respond to the state’s inquiry. If no response is received, the department will proceed with the approval process based on information the employee has given.

An employer will be asked to disclose other times an employee may have been on paid or unpaid leave, verification of employee’s work and leave schedule, if the request appears fraudulent and if the employer would designate the application as approved, denied or pending.

Ultimately, the state approves the application, however, the state may consider employer feedback in their decision.

Return to work Certifications

Employers who have a uniformly applied policy regarding return to work certifications may also require employees returning from MAPFML to present return to work certification. Fitness for duty forms may also be requested if the employee is provided with a copy of their job functions/duties and informed they need a fitness for duty form within 10 days of MAPFML approval notice sent to the employer.

Employees on intermittent or reduced schedule basis should not have a requirement to present fitness for duty or return to work certifications after each instance of leave. Instead an employer may request a certification every 30 calendar days when the safety of the employee returning to work is in question. ²

Pay and Benefits

Where state pay benefits are involved with other law interactions, such as state mandated sick pay, employers will want to consider where PTO/employer pay benefit application should occur.

There is a 7-calendar day waiting period for benefits, unless the employee is transitioning immediately from pregnancy disability to bonding. For intermittent leaves, the 7 day period is considered met after 7 consecutive days from the first date of leave taken, whether leave has been taken on all those days or not.

Amount of Pay

MAPFML pays a weekly benefit amount that is determined by comparing the employee’s average weekly wage to the state’s average weekly wage. Benefits are calculated on a sliding scale, with lower-income employees generally receiving more of their usual wages compared to higher-income employees. Minimum and maximum weekly benefit amounts are based on the state average weekly wage.

Employees who file their claims late or do not submit completed information to the state within a set timeframe may have their benefit amount reduced. The state determines exceptions for reduced benefit payments.

• Employees may receive MAPFML benefits while also receiving disability benefits if permitted under their temporary short-term or long-term disability plans.

• Employee benefits are automatically reduced under the state program if the employee is receiving benefits from any state, federal, or employer permanent disability programs or any government program/law such as unemployment.

• Employers who pay more to the employee than the state average weekly wage through paid-time off or temporary disability plans, can receive reimbursement for those overpayments by having them subtracted from the amount of contributions collected from employer to fund the MAPFML program.

Use of Paid Time Off (PTO)

Employees may use any accrued employer benefits to supplement with MAPFML payments, or for periods where leave may be unpaid (such as the 7-day waiting period).

Job Protection

An employee must be returned to the same or equivalent position following leave. The position must be the same in terms of status, pay, benefits, service credits and seniority held as of the date of leave.

There are some exceptions to job restoration rights if the employee’s position be eliminated due to operation or economic changes, the employee should be given preferential consideration for another position. If the employee’s work was short-term in nature and the leave extends beyond the terms of employment, the employee does not have to be reinstated.

Other Protections

Employees are protected from discrimination for exercising their rights under MAPFML including filing a complaint against their employer or testifying/preparing to testify against their employer due to MAPFML. Any action taken against the employee participating in proceedings or inquiries against the employer, within 6 months from the end of proceedings dates, is considered retaliation.

Benefits

Employees enrolled in employer sponsored health coverages must continue coverage as it would for any employee who was not on leave. Employees must continue to pay their portion of premium costs while on leave.

When an employee takes leave under this law their accrual of PTO or sick leave must continue as well as the eligibility for seniority.

Interaction with Other Laws

Where an employee meets the definition of family member, qualifying absence reason, or serious health condition, the state and federal laws may interact. Accommodations that are not leave related, would not run concurrently with other state or federal leave laws.    

Family and Medical Leave Act (FMLA)

MAPFML runs concurrently with FMLA where applicable.

Massachusetts Parental Leave(MA-MATERN)

MAPFML runs concurrently with MA-MATERN for certain absence reasons.

Massachusetts Domestic Violence Leave (MA-DOM)

MAPFML may run concurrently with MA-DOM where applicable and when a serious health condition exists.

Massachusetts Small Necessities Leave (MA-NECESSITIES)

MAPFML may run concurrently with MA-NECESSITIES where applicable and when a serious health condition exists.

Unemployment

MAPFML may run with an employee collecting unemployment pay benefits. An employee’s PFML benefits may be reduced when receiving Unemployment Compensation.

Worker’s Compensation

MAPFML may run with an employee collecting worker’s compensation pay benefits. An employee’s PFML benefits may be reduced when receiving Worker’s Compensation.

Employee and Employer Responsibilities

Employee Responsibilities

• Give at least 30 days advance notice to employer when leave is foreseeable;

• Apply for MAPFML no more than 60 calendar days before the anticipated leave start date;

• Respond to MAPFML questions;

• Provide verification/certification of leave as determined by MAPFML;

• Abide by the intermittent or reduced schedule leave agreement established with the employer; and

• Follow employer policies and procedures for time-off reporting.

Employer Responsibilities

• Posting requirements are as follows and all posters must be a place that is conspicuous/frequented by employees:

  • Inform employees about MAPFML within 30 days of hire or contract.

  • The state requires the notice be in other languages, when there are 5 or more employees who use that language as their primary language (state provides some languages and employers are required to provide translation if there is no state poster in that language)

  • Model notices are available for employers on the MAPFML website for both employers with fewer than 25 covered employees or more than 25 covered employees.

• Register/create account for MAPFML;

• Withhold and send employee contributions;

• Large employers (25 or more) must pay the employer share of contributions;

• Maintain payroll records and reporting requirements under the law;

• Record employee acknowledgements or refusals to acknowledge the state required employee notices;

• Respond to inquiries on the employee’s application within 10 business days;

• Report suspected fraud or inaccuracies found in state decisions to the state;

• Review the state’s decision to accurately track their entitlement usage in AbsenceSoft.

Resources

Department of Unemployment Assistance(DUA): https://www.mass.gov/guides/unemployment-insurance-ui-eligibility-and-benefit-amounts

Employer opt-in for excluded employers website: https://www.mass.gov/info-details/employers-and-employment-excluded-from-paid-family-and-medical-leave

Massachusetts Paid Family and Medical Leave website: https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

Massachusetts Legislation: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175M and https://www.mass.gov/regulations/458-CMR-200-family-and-medical-leave

^{1 458 Code Mass Regs. 2.11}