Paid Family Medical Leave

Paid family medical leave has become an increasingly important issue in the United States as more people seek time off from work to care for themselves or a loved one. In recent years, a number of states have acted to address this issue, and Massachusetts is one of them. In 2018, Massachusetts became the seventh state to offer paid family and medical leave, providing workers with a range of benefits when they need them most.

The Massachusetts Paid Family and Medical Leave law (PFML) went into effect on January 1, 2021. It gives eligible workers up to 26 weeks of paid leave for several reasons, including:

• Personal medical leave, to care for an employee’s own serious health condition
• Family medical leave, to care for a family member with a serious health condition
• New child leave, to care for and bond with a new child by birth, adoption, or foster care
• Military family leave, to care for a covered military service member with a serious injury or illness

Serious Medical Condition

We are often asked what counts as a “serious medical condition.” It is one that prevents you from doing your job for more than three days in a row. It also requires at least one of the following:

• An overnight stay in a medical facility
• Two or more treatments by a health care provider within 30 days from the day you had to be out of work
• One treatment within 30 days, along with plans for continued treatment, including prescriptions

The Massachusetts PFML program helps workers maintain financial stability during times of need and supports them as they care for themselves or loved ones. Workers fund the program through payroll contributions, and all eligible employees are automatically enrolled.

If you believe you need Paid Family and Medical Leave, an experienced Boston medical leave lawyer may be able to help, especially with issues involving eligibility, notice, and retaliation. The attorneys at Gordon Law Group, LLP are frequently cited among the best employment lawyers in the nation. Based in Boston, they represent individuals who need medical leave from workplaces across the country and work to hold employers accountable for denying leave or retaliating against employees who ask for help.

PFML v. FMLA

Massachusetts Paid Family and Medical Leave Act (PFML) and the federal Family Medical Leave Act (FMLA) are different, even though they cover similar conditions.

The biggest difference is in benefits. Under FMLA, covered employees receive up to 12 weeks of protected leave, but employers do not have to pay them. In other words, FMLA leave is unpaid.

Eligibility

To be eligible for PFML, an employee must have earned $5,700 (in 2022) or $6,000 (in 2023) during the last four completed calendar quarters and must have worked for an employer with at least 50 employees. Employers with fewer than 50 employees may still choose to opt in.

You Get Paid Benefits While You Are Out

One key benefit of the Massachusetts PFML program is the support it offers workers who need time off. Unlike traditional family and medical leave, which is typically unpaid, PFML provides eligible workers with a portion of their regular pay while on leave. This support can ease the financial burden that often comes with caring for a loved one.

Eligible employees can receive up to 26 weeks of paid leave (20 weeks of medical leave, 12 weeks of family leave, and no more than 26 weeks combined). They may receive up to 90% of their average weekly wage, capped at a maximum weekly benefit. In 2022, the maximum weekly benefit is $1,084.31. In 2023, it increases to $1,129.82.

What About Paid Time Off

Many employers offer paid time off in the form of sick days, vacation days, and personal time. You cannot use PTO on the same days you receive PFML benefits.

You Keep Your Same Job

Another important benefit of PFML is job protection. Eligible workers can take time off for the reasons outlined above and return to the same job when they come back. They can resume work as they did before taking leave.

Workplace Posting Requirements

All Massachusetts employers must display a PFML poster, and new employees must receive a notification within 30 days of being hired.

No Retaliation

The PFML program also includes strong worker protections. The law bars employers from retaliating against workers who take leave and provides enforcement mechanisms to protect employee rights. If you take PFML leave, your employer cannot fire, discipline, suspend, demote, or threaten you.

These protections begin the moment you tell your employer you plan to take PFML and last for six months after you return.

Employees must give employers at least 30 days’ notice before the start of leave or as soon as practicable if the leave is not foreseeable. Employees must also provide certification from a health care provider. Employers may request similar certification for leave involving a family member’s serious health condition.

Triple Damages

If an employer violates PFML rights, the employee may recover three times their lost wages, along with attorneys’ fees, costs, and other damages.

Choose a Medical Leave Lawyer

If you believe you need medical leave because of concerns for yourself or a family member, or if you’re trying to determine whether you qualify, or if you’ve faced retaliation for speaking up, you need a knowledgeable Boston medical leave attorney. Gordon Law Group, LLP is well-versed in PFML and FMLA and has a strong record of success in employment matters involving medical leave discrimination. The firm represents employees across industries and at all levels, from service workers to executives. They are committed to advocating for employees’ rights. Denying medical leave or retaliating against employees who take it is illegal and should never be tolerated. Holding employers accountable sends a powerful message and can protect others from similar issues. If your employer made adverse employment decisions and you believe age was a factor, contact Gordon Law Group, LLP today to schedule a consultation.