Massachusetts Paid Family and Medical Leave Act

Paid Family and Medical Leave is a statewide program that will allow eligible employees paid time off for:

• Attending to their own serious health condition, including pregnancy or recovery from childbirth
• Caring for a family member with a serious health condition
• Bonding with a new child (within 12 months of birth or placement of child via foster care or adoption)
• Attending to a qualifying military exigency
• Caring for a family member who is a covered service member

Covered family member includes: spouses, domestic partners, children (biological, adoptive and foster), parents, parents-in-law, grandparents, grandchildren and siblings.

Benefits are payable beginning January 1, 2021 for an employee’s own serious health condition, bonding with a new child, military exigency and care of a service member.  Benefits begin July 1, 2021 for care of a seriously-ill family member.

Premium collection for the state-run program (not private insurance plans) began on October 1, 2019.

All Massachusetts employers are required to participate. Self-employed individuals and independent contractors are excluded. However, self-employed individuals may elect coverage. 

Covered employers have the option to file for an exemption from the state-run program administered by the Department of Family and Medical Leave and secure coverage through a private insurance plan offered by an insurance carrier or to self-fund. Learn more about the Paid Family and Medical Leave exemption application process for employers. 

Private plan exemptions can be filed anytime. If approved by the state, the exemption will go into effect the first of the quarter following the approval.

• Download the MA PFML workplace poster in English and any other languages applicable to their workforce and post them at their worksites in conspicuous places.
   
• Send out individual written notices to all current employees and 1099 contractors in each worker’s primary language.
   
• Retain the signed acknowledgment-of-receipt forms.
   
• Update onboarding documentation to include the written MA PFML notice so that new hires receive the required PFML information within 30 days of hire.
   
• Review MA paid leave benefit requirements and decide whether they want to pursue a private plan offering or provide the required coverage through the state program.
   
• Educate and inform their respective payroll department/ payroll vendor of their coverage decision. If maintaining state coverage, advise payroll department/vendor to initiate the employee payroll withholdings for PFML contributions. If approved for a private plan exemption, advise payroll department/vendor accordingly, that the payroll withholdings for PFML contributions will not be required until the plan effective date of January1, 2021.

Beginning January 1, 2021, covered individuals may be eligible to receive up to:

• 12 weeks of paid family leave in a benefit year for:  bonding with a  new child within the first 12 months of the child’s birth, adoption, or foster care placement;  and/or for a qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call to active duty in the Armed Forces.
• 20 weeks of paid medical leave in a benefit year if the covered individual  has a serious health condition that prevents them from working.
• 26 weeks of paid family leave in a benefit year to care for a family member who is a covered service member undergoing medical treatment or otherwise addressing consequences of a serious health condition relating to the family member’s military service.

Beginning July 1, 2021, covered individuals may be eligible to receive up to:

• 12 weeks of paid family leave in a benefit year to care for a family member with a serious health condition.

The total combined amount of paid leave an employee can take in one benefit year is 26 weeks.

Leave may be taken on a continuous, reduced or intermittent schedule depending on the leave type and subject to agreement between the employer and employee as appropriate.

The weekly benefit amount is based on the individual’s earnings, with a maximum benefit of 64 percent of the Massachusetts statewide average weekly wage. The maximum benefit is $850 per week. Benefits are subject to change annually as set forth by the Massachusetts Department of Family and Medical Leave (DFML) and will be adjusted no later than October 1 for each upcoming year.

• MA PFML Fact Sheet (PDF)
• MA PFML Workplace Poster

Guardian has a private plan option to assist covered employers in meeting their obligation to provide Massachusetts’ state mandated PFML coverage.

Our product offering is fully-insured, state-approved and competitively priced.   Plus, our digital capabilities can make administration easier – with online claims submission and access to bills, policies and reports. 

You can count on:

• Dedicated support to file a private plan exemption with the state.
• Assistance with adjusting Short Term Disability (STD) and Long Term Disability (LTD) plan
  designs to integrate with a PFML plan.
• A single point-of-contact for disability and/or paid leave claims inquiries.
• Experienced claims management by tenured professionals, including safe and effective return to work support.
• Updates on new regulations and ongoing guidance to keep you compliant.

Please contact your Guardian Group Sales Consultant or broker for quoting requirements and additional information concerning a MA PFML private plan option through Guardian.

Guardian has provided employers with statutory disability plans for more than a decade, taking a consultative approach to bring the right resources together for successful PFML plan implementation and management, no matter the level of complexity. Our management of PFML plans helps ensure that any Human Resources team can meet the challenge of efficiently managing employee leaves while easing administrative burden and enhancing compliance.  

Our Guardian AbsenceWorks^® can help reduce the administrative burden and enhance compliance with the integrated management of STD and LTD benefits, state and federal family medical leaves, and company leaves. Available to companies with 50 or more employees, employers can choose from a variety of plans and service options, including ADA support.  Effective employee leave management is key to ensuring your business remains compliant with state laws, helping you to avoid costly fines.