Massachusetts 

Massachusetts’ Paid Family and Medical Leave (PFML) program became effective January 1, 2021. Employers can opt-out of the state program in favor of a private plan that is equal or better than the state program.

Mutual of Omaha is excited to offer private plan administration.  

Eligibility:

Employers

Any employer with one or more employees working in the state of Massachusetts.

Self-employed and certain governmental agencies are excluded but can opt-in to the program.

Employees

Employees are eligible for PFML if they have earned at least $6,300 (adjusted annually) in wages during the last 4 completed calendar quarters and 30 times the PFML benefit amount. All W-2 workers, including full-time, part-time, and seasonal employees are covered.

1099 workers in Massachusetts are covered if they make up more than 50% of their employer’s workforce.

Terminated employees are also eligible for PFML benefits for claims beginning within 26 weeks of termination, as long as they remain unemployed. 

Benefits overview

Qualifying Reasons

Medical leave

  • Employee’s own serious health condition

Family leave

  • Bond with a new child after birth, adoption, or foster care placement
  • Care for a family member with a serious health condition
  • Military exigency related to a family member’s active military duty or call to duty
  • Care for an injured service member

Duration of Leave

20 weeks for medical leave

12 weeks for family leave

A combined maximum of 26 weeks in a benefit year

Benefit Calculation

80% wage replacement for any wages up to 50% of the state average weekly wage (SAWW)

50% of SAWW + 50% wage replacement for any wages over 50% of SAWW

The maximum benefit is $1,149.90

Waiting Period

There is a 7-day waiting period under Massachusetts PFML for all new claims

Leave Frequency

Leave can be taken continuously, intermittently, or on a reduced schedule

Job Protection

Leave under Massachusetts PFML is considered job protected leave

Additional information:  

Private Plans

Employers may opt out of the state plan in favor of a private plan. Private plans are effective at the start of the quarter following approval by the state.

A private plan must:

  • Provide equal to or better benefits than those under the state plan
  • Cover all employees employed by the employer
  • Guarantee employee contributions are not greater than what the employee would pay under the state plan
  • Include no additional requirements or conditions than the state plan

Covered Family Members

Under Massachusetts PFML, employees may take family leave to care for a family member with a serious health condition. Covered relationships include:

  • Spouse or domestic partner
  • Child (biological, adopted, or foster)
  • Parent and spouse or domestic partner’s parents
  • Sibling
  • Grandparent
  • Grandchild

To learn more about Massachusetts’s paid leave program, visit the Department of Family and Medical Leave website.

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