Be in the Know: New Rules on Leave

Covered employers

All Massachusetts employers are subject to the PFML, with some exceptions:

• Self-employed individuals and most independent contractors are excluded (they may opt in).
• Municipal employers are excluded (they may opt in in some cases).
• Other exceptions may apply. Learn more here.

Coverage options

State plan or approved private plan. Massachusetts employers must apply for an exemption if they wish to offer a private plan instead of the state plan. For approval, they will need to demonstrate that their private plan meets or exceeds the state plan’s benefits, and requirements. See details about exemptions and submitting requests here.

Cost

• 2022: The contribution rate for the state has been set at .68% (will adjust to .63% effective 2023) of an employee's eligible wages capped as the Social Security wage base ($160,200 for 2023). This is a split contribution between employer and employee.
  • Paid medical Leave: Employees can contribute up to 40% of medical leave. Amounts withheld from a covered individuals wages cannot exceed $.224/$100 (.208% effective 1/1/2023) of eligible wages.
  • Paid family Leave: Employees can contribute up to 100% of the family leave not to exceed $.12/$100 (.11% effective 1/1/2023) of eligible wages.
• An employer may elect to pay all or part of the employee contribution.
• Employers with fewer than 25 employees are not required to pay the employer portion of the premiums; however, they must collect and remit employee contributions to the state. This does not apply to private plan coverage.
• For state-approved private plans carriers are allowed to set their own rates; however, the employer must fund any additional cost exceeding the contribution rates listed above.

Employee eligibility

Massachusetts employees that meet both of the following criteria:

• $5,700 ($6,000 effective 01/01/2023) during the last 4 completed calendar quarters
• 30 times the weekly benefit amount they are eligible to collect

Leave reasons

Family, bonding, medical, and military exigency.

Job protection

Massachusetts PFML provides job protection for 26 weeks in a benefit year.

Other protections and provisions

A benefit waiting period must be met before Paid Medical or Paid Family benefits become available with the exception of bonding followed by pregnancy disability.

Benefits

Maximum annual leave duration:

• Family Leave — 12 weeks
• Medical Leave — 20 weeks
• Military Caregiver Leave — 26 weeks
• Combined all paid leaves per benefit year — 26 weeks

Pay during leave:

• Employees earning equal to or less than 50% of the state average weekly wage receive 80% of their wages. Employees earning more than 50% of the state average weekly wage earn an additional 50% of their wages above that amount.
• 2022 Maximum weekly benefit: $1,084.31 ($1,129.82 effective 1/1/2023).