HR’s Guide to Employee Leave Laws in Massachusetts

In Massachusetts, navigating employee leave and time-off regulations is critical for employers aiming to maintain compliance and support their workforce effectively. With a range of state laws, including the Paid Family and Medical Leave (PFML) program, Massachusetts offers employees protections that extend beyond traditional PTO to cover medical, family, caregiving, and personal needs.

Understanding these leave policies allows employers to stay compliant while fostering a supportive work environment.

Familiarizing yourself with Massachusetts’ leave regulations enables you to confidently address employee time-off requests and navigate complex situations with clarity. This not only enhances employee well-being but also strengthens your organization’s reputation as a caring and compliant employer.

Understanding Employee Leave Laws in Massachusetts

Massachusetts has a comprehensive set of absence and leave policies that govern employee leave entitlements. These policies encompass various types of leave, including family and medical leave, sick leave, parental leave, and more. It's crucial for employers to stay up-to-date with these regulations to ensure compliance and support their employees effectively.

Understanding employee leave laws is equally important for employees. By knowing their rights and entitlements, employees can make informed decisions about taking time off when needed. This knowledge empowers them to balance their work and personal responsibilities without fear of repercussions or job loss.

Staying informed about employment law updates is an ongoing responsibility for employers. As legislation evolves and new requirements come into effect, it's essential to adapt your policies and practices accordingly. Regularly reviewing and updating your employee handbook, leave policies, and HR processes helps maintain compliance and creates a supportive work environment.

Massachusetts Paid Family and Medical Leave (PFML)

Massachusetts Paid Family and Medical Leave (PFML) is a comprehensive program that provides eligible employees with job-protected, paid time off for various family and medical reasons. The program is funded through a payroll tax and is administered by the Department of Family and Medical Leave (DFML).

Under PFML, eligible employees can take:

Up to 12 weeks of paid family leave to bond with a new child, care for a family member with a serious health condition, or handle qualifying military-related events
Up to 20 weeks of paid medical leave to manage their own serious health condition, including mental health conditions
Up to 26 weeks of paid family leave to care for a family member who is a covered service member

To be eligible for PFML benefits, employees must have earned at least $5,700 during the last four completed calendar quarters and meet other requirements related to the nature of their leave.

PFML can be taken continuously, intermittently, or on a reduced schedule basis, depending on the employee's needs and the nature of their leave. Employees are entitled to job protection and continuation of their health insurance benefits during their leave.

It's important to note that PFML interacts with other leave laws and employer policies. For example, PFML can run concurrently with leave taken under the federal Family and Medical Leave Act (FMLA) when the reasons for leave overlap. Employers should also be aware of other leave obligations, such as voting leave compliance, and ensure their policies align with all applicable laws.

Key Takeaway: Massachusetts PFML provides a robust safety net for employees who need time off for family and medical reasons, offering up to 26 weeks of paid leave and job protection.

Employee Eligibility and Benefits

To be eligible for PFML benefits in Massachusetts, employees must meet specific criteria. First, they must be covered individuals under the PFML law, which includes:

W-2 workers who work in Massachusetts, regardless of where the employer is located
Self-employed individuals who have elected coverage and contributed to the PFML program
1099-MISC workers who make up more than 50% of their employer's workforce

Covered individuals must also meet the financial eligibility requirements to qualify for benefits. This means they must have earned at least $5,700 during the last four completed calendar quarters and at least 30 times the weekly unemployment benefit amount they would be eligible to collect.

Once an employee meets the eligibility criteria, they can access a range of benefits under the PFML program:

Up to 12 weeks of paid family leave to bond with a new child, care for a family member with a serious health condition, or manage family affairs when a family member is on active duty in the armed forces
Up to 20 weeks of paid medical leave for an employee's own serious health condition
Up to 26 weeks of paid family leave to care for a family member who is a covered service member with a serious injury or illness

During their leave, employees can receive a portion of their average weekly wage. In 2024, the maximum weekly benefit is $1,149.90. In 2025, the maximum weekly benefit is $1,170.64. The wage replacement rate is calculated based on the employee's earnings, with lower-income workers receiving a higher percentage of their average weekly wage.

It's important to note that PFML benefits run concurrently with other types of leave, such as the federal FMLA or the Massachusetts Parental Leave Act. This means that time taken under PFML will count against an employee's entitlement to other forms of leave.

Employer Obligations and Contributions in Massachusetts

As an employer in Massachusetts, it's crucial to understand your responsibilities under the PFML program. This includes providing proper notice to your employees about their rights and benefits, as well as maintaining accurate records related to the program.

One of the key obligations is to display a workplace poster in a visible location, informing employees about the PFML program and their eligibility. Additionally, employers must provide written notice to each employee within 30 days of their first day of employment. This notice should outline the benefits available, the employee's contribution amount, and the employer's contribution amount.

Employers are also responsible for making contributions to the PFML program, which vary based on the size and type of the company.

For example, for 2024 and 2025, employers with 25 or more covered individuals are required to remit a total contribution of 0.88% of eligible wages, which breaks down as follows:

0.70% for medical leave, where the employer contributes 60% (0.42%) and the employee contributes the remaining 40% (0.28%).
0.18% for family leave, which can be fully deducted from the employee's wages, meaning no employer contribution is required for this portion.

For employers with fewer than 25 employees, the contribution rate is 0.46% of eligible wages, with no requirement for employer contributions towards medical leave

Proper record-keeping is another critical aspect of PFML compliance. Employers must maintain records related to wages, contributions, and leave taken under the program for at least three years. This includes information such as the employee's name, Social Security number, and the amount of leave taken. Failure to maintain accurate records can result in fines and legal consequences.

Employers play a vital role in ensuring the success of the PFML program by providing notice, making contributions, and maintaining proper employee document retention practices.

To ensure compliance with the PFML program, employers should:

Display the required workplace poster and provide written notice to employees.
Calculate and remit contributions based on the company's size and type.
Maintain accurate records related to wages, contributions, and leave taken.
Stay informed about any updates or changes to the PFML program.

By fulfilling these obligations, employers can support their employees' well-being while avoiding potential penalties and legal issues. It's essential to consult with legal professionals or HR experts to ensure full compliance with the PFML program and other employee leave laws in Massachusetts.

Federal Family and Medical Leave Act (FMLA) in Massachusetts

The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. This law applies to all public agencies, public and private elementary and secondary schools, and companies with 50 or more employees. In Massachusetts, the FMLA works in conjunction with state-specific leave laws to provide comprehensive protection for employees.

Under the FMLA, eligible employees can take leave for the following reasons:

The birth and care of a newborn child
The placement of a child for adoption or foster care
To care for an immediate family member (spouse, child, or parent) with a serious health condition
To take medical leave when the employee is unable to work because of a serious health condition

To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months and have completed at least 1,250 hours of service during the 12 months prior to the start of the leave. Employers are required to maintain the employee's health benefits during the leave period and restore the employee to their original job or an equivalent position upon their return.

In addition to these 12 weeks, eligible employees may also take up to 26 weeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.

Massachusetts has its own set of laws about family and medical leave that work in tandem with the FMLA. The most notable of these is the PFML program, which was implemented in 2021. While the FMLA and PFML have some similarities, there are key differences between the two:

Paid vs. Unpaid: PFML provides eligible employees with paid leave, while FMLA leave is unpaid.
Length of Leave: PFML allows for up to 12 weeks of paid family leave and up to 20 weeks of paid medical leave, with a combined maximum of 26 weeks per benefit year. FMLA provides up to 12 weeks of unpaid leave per year.
Eligibility: PFML has more expansive eligibility criteria, covering employees who have earned at least $5,700 in the previous 12 months. FMLA eligibility is based on length of employment and hours worked.
Job Protection: Both PFML and FMLA provide job protection, ensuring that employees can return to their same or a similar position after their leave.

Employers in Massachusetts must comply with both the FMLA and state-specific leave laws, providing the most generous benefits to their employees when the laws differ.

During FMLA leave, the employer must maintain the employee's health insurance coverage under any group health plan on the same terms as if the employee had continued to work. Upon return from FMLA leave, the employee must be restored to their original job or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.

It's important for employers to properly document an employee's eligibility for FMLA leave, including verifying their employment eligibility through Form I-9 and other necessary documentation. Employers should also provide employees with the required notices and forms related to their FMLA leave request and maintain accurate records of all FMLA leave taken.

Massachusetts Earned Sick Time Law

Massachusetts' Earned Sick Time Law, which went into effect on July 1, 2015, requires employers to provide their employees with sick leave. This law applies to all employers in Massachusetts, regardless of size, and mandates that employees earn one hour of sick time for every 30 hours worked, up to a maximum of 40 hours per year.

Under this law, employees can use their earned sick time for various reasons, including:

To care for their own physical or mental illness, injury, or medical condition
To attend medical appointments for diagnosis, care, or treatment of a mental or physical illness, injury, or health condition
To care for a family member with a physical or mental illness, injury, or medical condition
To attend a family member's routine medical appointment
To address the psychological, physical, or legal effects of domestic violence

Employers with 11 or more employees must provide paid sick time, while those with fewer than 11 employees may provide unpaid sick time. Earned sick time begins accruing on an employee's first day of work and can be used 90 days after starting employment.

Employees can carry over up to 40 hours of unused sick time to the next calendar year. However, employers are not required to allow employees to use more than 40 hours of sick time in a given year. Additionally, employers are not obligated to pay out unused sick time upon an employee's termination, resignation, or retirement.

It's essential for employers to maintain accurate records of their employees' earned sick time and to provide them with a copy of the Massachusetts Earned Sick Time Notice. Failure to comply with the Earned Sick Time Law may result in penalties and fines.

Employees in Massachusetts have the right to accrue and use earned sick time without fear of retaliation or adverse action from their employer. They can use their earned sick time for various purposes, including their own illness, caring for a sick family member, or addressing issues related to domestic violence, sexual assault, or stalking. Employers cannot interfere with, restrain, or deny an employee's right to use earned sick time, nor can they retaliate against an employee for exercising their rights under the law.

For more information on the Massachusetts Earned Sick Time Law and its requirements, visit the Massachusetts Attorney General's Office website.

To ensure compliance with the Earned Sick Time Law and other complex HR regulations, many employers rely on hr compliance software to streamline record-keeping, automate processes, and maintain up-to-date policies. By leveraging technology, employers can minimize the risk of non-compliance and create a more supportive work environment for their employees.

Other Job-Protected Leave Laws in Massachusetts

In addition to the federal FMLA and the Massachusetts PFML programs, there are several other job-protected leave laws in Massachusetts that employers must be aware of. These laws provide employees with additional rights and protections when taking time off work for specific reasons.

One such law is the Massachusetts Parental Leave Act (MPLA), which entitles eligible employees to take up to 8 weeks of unpaid, job-protected leave for the birth or adoption of a child. The MPLA applies to employers with 6 or more employees, and employees must have completed their employer's initial probationary period (not to exceed 3 months) to be eligible. It’s important to note that while MPLA allows for 8 weeks, if both parents work for the same employer, they are entitled to a combined total of 8 weeks (not 8 weeks each).

Another important law is the Small Necessities Leave Act (SNLA), which allows eligible employees to take up to 24 hours of unpaid leave during any 12-month period for certain family obligations. These obligations include participating in school activities directly related to the educational advancement of a child, accompanying a child or elderly relative to routine medical or dental appointments, or accompanying an elderly relative to appointments for other professional services related to the elder's care. The SNLA applies to employers with 50 or more employees, and employees must have worked for their employer for at least 12 months and 1,250 hours during the previous 12-month period to be eligible.

Other job-protected leave laws in Massachusetts include:

Domestic Violence Leave: Employees who are victims of domestic violence, sexual assault, or stalking, or who have a family member who is a victim, are entitled to take up to 15 days of unpaid leave in any 12-month period to address issues related to the violence, such as seeking medical attention, obtaining counseling, or attending legal proceedings. Employers with 50 or more employees are required to provide this leave.
Veterans Day Leave: Veterans are entitled to take unpaid leave on Veterans Day (November 11) to participate in a Veterans Day exercise, parade, or service. This leave applies to all employers, regardless of size.
Jury Duty Leave: Employers must allow employees to take unpaid leave for jury duty and cannot require employees to use vacation or other paid time off for this purpose. Although the leave is unpaid, the first three days of jury duty are paid for regular employees. This leave applies to all employers, regardless of size.

It is crucial for employers to familiarize themselves with these and other job-protected leave laws in Massachusetts to ensure compliance and avoid potential legal issues. Employers should also have clear policies in place regarding these leave entitlements and communicate them effectively to their employees.

Military Leave and Veteran Rights in Massachusetts

Massachusetts law provides various leave entitlements and job protections for employees who are called to active military service or training. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers must grant leave to employees for military service and training, regardless of whether the leave is voluntary or involuntary.

Key provisions of military leave in Massachusetts include:

Employees are entitled to unpaid military leave for up to five years of cumulative service.
Employers must reinstate employees to their previous position or a comparable one upon return from military leave.
Employees on military leave are entitled to the same benefits as other employees on similar types of leave.
Employers cannot discriminate against employees based on their military service or obligation.

In addition to USERRA, Massachusetts has its own state law that provides additional protections for military service members and veterans. The Massachusetts Veterans' Bill of Rights ensures that veterans receive various benefits and services, including:

Preference in public employment
Property tax exemptions
Tuition waivers at state colleges and universities
Assistance with housing, healthcare, and other services

Employers should be aware of these state-specific provisions and ensure compliance with both federal and state laws regarding military leave and veteran rights.

Domestic Violence Leave

In Massachusetts, employees who are victims of domestic violence, sexual assault, or stalking have the right to take leave from work to address issues related to the abuse. This leave is protected under the state's Domestic Violence Leave Act, which applies to employers with 50 or more employees.

Eligible employees may take up to 15 days of leave in any 12-month period to:

Seek or obtain medical attention, counseling, victim services, or legal assistance
Secure housing
Obtain a protective order from a court
Appear in court or before a grand jury
Meet with a district attorney or other law enforcement official
Attend child custody proceedings
Address other issues directly related to the abusive behavior against the employee or family member of the employee

Employees must exhaust all available paid leave, such as vacation or sick time, before taking unpaid leave under this law. Employers may require documentation of the need for leave, such as a police report, court order, or documentation from a medical professional or counselor.

It's important for employers to have clear policies and procedures in place regarding domestic violence leave, and to ensure that all employees are aware of their rights and responsibilities under the law. Providing support and resources for employees who are experiencing domestic violence can help create a safer and more supportive workplace environment. Employers should consider offering employee assistance programs, training for managers and supervisors on how to respond to disclosures of abuse, and partnerships with local domestic violence organizations.

Best Practices for Employers Navigating Massachusetts Leave Laws

Navigating the complexities of employee leave laws can be a daunting task for employers in Massachusetts. To ensure compliance and maintain a supportive work environment, it is essential to develop comprehensive leave policies that align with state and federal regulations. Here are some tips for creating compliant and effective leave policies:

Familiarize yourself with the various types of leave available to employees, such as family and medical leave, sick leave, and parental leave. Understanding the eligibility requirements, duration, and benefits associated with each type of leave is crucial for crafting a well-rounded policy.
Collaborate with legal experts and human resources professionals to ensure that your leave policies are up-to-date and compliant with the latest regulations. Regularly review and update your policies to reflect any changes in the law.
Clearly define the procedures for requesting and approving leave, including the required documentation and notice periods. Establish a consistent process that is fair and equitable for all employees.
Implement time off software to streamline the management of employee leave requests. These tools can help automate the tracking of leave balances, generate necessary forms, and provide a centralized platform for communication between employees and managers.

Once you have developed your leave policies, it is crucial to effectively communicate them to your employees. Here are some best practices for sharing your leave policies and managing employee leave requests:

Include your leave policies in employee handbooks, onboarding materials, and company intranets. Make sure that all employees have easy access to the information and understand their rights and responsibilities.
Provide regular training sessions for managers and supervisors to ensure that they are well-versed in the leave policies and can handle employee requests appropriately. Encourage open communication and support for employees who need to take leave.
Be proactive in addressing any concerns or questions that employees may have about their leave entitlements. Foster a culture of transparency and empathy, recognizing that life events and personal circumstances can impact an employee's need for leave.
Maintain accurate records of employee leave requests, approvals, and usage. This documentation will be essential for compliance purposes and can help you identify any patterns or issues that may need to be addressed.

By following these best practices, employers in Massachusetts can navigate the complex landscape of employee leave laws with confidence. Prioritizing compliance, communication, and compassion will help create a supportive work environment that benefits both employees and the organization as a whole.

Recordkeeping and Documentation

Maintaining accurate records and documentation is crucial for ensuring compliance with employee leave laws in Massachusetts. Employers should establish a system for tracking employee leave requests, approvals, and usage. This includes keeping detailed records of the dates and durations of leave taken, the reasons for the leave, and any supporting documentation provided by the employee.

When it comes to employee document retention, employers should follow best practices and legal requirements. In Massachusetts, employers must keep records of employee leave for at least three years. This includes records of paid sick leave, family and medical leave, and other types of leave protected under state and federal law.

Employers should also be aware of their obligations to maintain the confidentiality of employee medical information. Any medical certifications or other documentation related to an employee's leave should be kept in a separate, confidential file and only accessed by those with a legitimate need to know.

Training and Resources for Managers and Employees

To ensure compliance with Massachusetts employee leave laws, it's crucial for managers and employees to have a clear understanding of their rights and responsibilities. Providing comprehensive training and resources can help prevent misunderstandings, minimize the risk of non-compliance, and create a supportive work environment.

Managers play a critical role in ensuring compliance with leave laws, so it's essential to provide them with specialized training and support. This can include guidance on how to handle leave requests, maintain proper documentation, and communicate effectively with employees throughout the leave process.

Final Thoughts

To streamline the management of employee leave and ensure compliance with Massachusetts regulations, consider investing in an all-in-one HR platform. These platforms can automate many of the administrative tasks associated with leave management, such as tracking accruals, generating required notices, and maintaining accurate records.

By prioritizing training and providing comprehensive resources, you can foster a culture of compliance and support for your employees, ultimately leading to a more productive and engaged workforce.

Understanding and navigating employee leave laws in Massachusetts can be complex, but it's crucial for maintaining compliance and fostering a supportive work environment. At GoCo, we're committed to simplifying HR processes and helping businesses like yours thrive. Book a demo with us today to learn how our all-in-one HR platform can streamline your leave management and ensure compliance with Massachusetts regulations.