Gavin Howe
The Family and Medical Leave Act (FMLA) is a federal law that was enacted in 1993 to provide job protection and unpaid leave for eligible employees. In Massachusetts, the Paid Family and Medical Leave Act (PFML) is a separate state law that was enacted in 2018 and funded by contributions from employers and employees. While FMLA provides up to 12 weeks of unpaid leave for various family and medical reasons, PFML offers up to 12 weeks of paid family leave and up to 20 weeks of paid medical leave. This raises the question: can you get PFML for in-laws in Massachusetts?
| Characteristics | Values |
|---|---|
| Type of leave | Paid or unpaid |
| Maximum benefit | Unpaid leave: 12 weeks for family or medical reasons, 26 weeks to care for a family member in the armed services |
| Paid leave: 12 weeks for family leave, 20 weeks for medical leave, 26 weeks for combined family and medical leave or military caregiver leave | |
| Eligibility | For FMLA: employees must have worked for a covered employer for at least 12 months, with at least 1,250 hours worked over that time |
| For PFML: employees must have earned at least $5,700 in the previous 12 months | |
| Qualifying reasons | Health issues, childbirth, adoption, military service, caring for a family member with a serious health condition, foster care of a child, military-related exigencies and caregiver leaves |
| Protection | Employees are protected from punishment for using their FMLA rights |
| Notice | Employees must notify their employer of their need for leave at least 30 days in advance or as soon as possible |
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What You'll Learn
PFML and FMLA definitions
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It applies to government agencies, schools, and private sector employers with 50 or more employees. Employees must have worked for a covered employer for at least 12 months and 1,250 hours over the past year. FMLA covers a wide range of situations, including personal serious health conditions, illness, childbirth, adoption, foster care of a child, and certain military-related exigencies and caregiver leaves.
Massachusetts's Paid Family and Medical Leave (PFML) law is a state law enacted in 2018 and funded through employer and employee contributions. It covers most Massachusetts employees who have met the minimum earnings requirement established annually by the Department of Unemployment Assistance (DUA) during the last 4 completed calendar quarters. To be eligible to receive paid leave under PFML, an employee must have earned at least $5,700 in the previous 12 months. PFML provides up to 20 weeks of paid medical leave per year for personal health conditions, up to 12 weeks of paid family leave for various family-related reasons, and up to 26 weeks for military caregiver leave.
While FMLA provides a baseline of unpaid, job-protected leave across the United States, Massachusetts's state-specific laws enhance this with paid leave options, broader eligibility, and more inclusive definitions of family. All Massachusetts businesses may be subject to PFML law, even those that are not subject to FMLA law. Employers may be responsible for collecting and making PFML contributions on behalf of their employees, and they must inform their employees about their rights and benefits under each law.
Under FMLA, employers are not required to pay employees taking leave. However, employers must maintain the employee's health insurance coverage at the same level as before their leave. Upon returning to work, employees must be allowed to return to their previous position or a similar position with equivalent responsibility and compensation.
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Eligibility for PFML and FMLA
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that provides 12 weeks of unpaid, job-protected leave per year for various family and medical reasons. It applies to government agencies, schools, and private sector employers with 50 or more employees. To be eligible for FMLA, an employee must have worked for the employer for at least 12 months, with at least 1,250 hours worked over that time.
Massachusetts's Paid Family and Medical Leave Act (PFML) is a state law enacted in 2018 and funded by contributions from both employers and employees. PFML covers all Massachusetts employers, regardless of size, and extends to W-2 employees, certain contractors, and former employees (under specific conditions). To be eligible for PFML, an employee must have earned at least $5,700 in the previous 12 months and must meet the minimum earnings requirement established by the Department of Unemployment Assistance (DUA) during the last 4 completed calendar quarters. Self-employed individuals can opt into PFML through MassTaxConnect.
Under both PFML and FMLA, businesses must inform their employees about their rights and benefits and display a poster in the workplace explaining these benefits. PFML provides up to 12 weeks of paid family leave, up to 20 weeks of paid medical leave, or up to 26 weeks of combined leave in a benefit year. FMLA provides up to 12 weeks of unpaid leave for family or medical reasons or up to 26 weeks of unpaid leave to care for a family member in the armed services.
While FMLA sets a baseline of unpaid, job-protected leave across the United States, Massachusetts's state-specific laws enhance this with paid leave options, broader eligibility, and more inclusive definitions of family. PFML and FMLA cover similar situations, but they are separate laws, and employers may have responsibilities under both. For example, an employer exempt from FMLA may still be subject to PFML and must inform employees about their rights under PFML.
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Rights and benefits under PFML and FMLA
In Massachusetts, the Paid Family and Medical Leave Act (PFML) and the federal Family and Medical Leave Act (FMLA) are two separate laws that cover similar situations. The PFML is a state law that came into effect in 2018 and is funded by contributions from employers and employees. The FMLA, on the other hand, is a federal law enacted in 1993, which provides unpaid, job-protected leave.
Rights and Benefits under PFML:
The PFML law covers most Massachusetts employees who have met the minimum earnings requirement set annually by the Department of Unemployment Assistance (DUA). If you are self-employed, you can opt in through MassTaxConnect. Under the PFML, employees can take up to 20 weeks of paid medical leave per year for personal health conditions, up to 12 weeks of paid family leave for various family-related reasons, and up to 26 weeks for military caregiver leave. To be eligible for paid leave under PFML, an employee must have earned at least $5,700 in the previous 12 months. PFML eligibility is not dependent on how long an individual has worked for their current employer.
Rights and Benefits under FMLA:
The FMLA applies to government agencies, schools, and private sector employers with 50 or more employees. To be eligible for FMLA leave, employees must have worked for a covered employer for at least 12 months and 1,250 hours over the past year. The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for various family and medical reasons, including personal serious health conditions, caring for a family member, childbirth, adoption, or foster care of a child, and certain military-related exigencies and caregiver leaves.
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Differences between PFML and FMLA
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that provides 12 weeks of unpaid, job-protected leave per year for various family and medical reasons. It applies to government agencies, schools, and private sector employers with 50 or more employees. To be eligible for FMLA, an employee must have worked for the employer for at least 12 months and 1,250 hours over that time.
The Massachusetts Paid Family and Medical Leave Act (PFML) is a state law enacted in 2018 and funded by contributions from employers and employees. It covers all Massachusetts employers, regardless of size, and provides up to 20 weeks of paid medical leave per year for personal health conditions, up to 12 weeks of paid family leave for various family-related reasons, and up to 26 weeks for military caregiver leave. To be eligible for PFML, an employee must have earned at least $5,700 in the previous 12 months.
One of the key distinctions of PFML is its broader scope of eligibility. While FMLA applies only to employers with 50 or more employees, PFML covers all employers, even those with just one employee. This means that many employees of small businesses that would not be covered under FMLA due to employer size are covered under PFML. PFML also has a more expansive definition of "family member" than FMLA, including siblings, grandparents, domestic partners, and in-laws.
Another important difference is that FMLA is unpaid leave, while PFML provides paid leave. This means that PFML can reduce financial strain for individuals and families facing medical or family-related challenges, promoting work-life balance and enabling employees to prioritize their health and caregiving responsibilities without fear of financial instability.
In summary, while both FMLA and PFML share a common objective of providing job-protected leave to employees facing certain qualifying circumstances, PFML offers broader eligibility, a more inclusive definition of family, and paid leave benefits.
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Applying for PFML and FMLA
The Family and Medical Leave Act (FMLA) is a federal law that was enacted in 1993. It applies to all 50 states and covers government agencies, schools, and private sector employers with 50 or more employees. FMLA provides up to 12 weeks of unpaid, job-protected leave per year while maintaining the employee's health insurance coverage. To qualify for FMLA, an employee must have been with their employer for at least 12 months, with at least 1,250 hours worked over that time.
The Paid Family and Medical Leave Act (PFML) is a state law enacted in Massachusetts in 2018. It is funded by contributions from both employers and employees. PFML covers all Massachusetts employers, regardless of size, and extends to W-2 employees, certain contractors, and former employees (under specific conditions). To be eligible to receive paid leave under PFML, an employee must have earned at least $5,700 in the previous 12 months.
If an employee qualifies for leave under both PFML and FMLA, then both laws apply concurrently, not back-to-back. If an employee has multiple jobs, whether or not FMLA applies will depend on whether an employer is their primary or secondary employer. Independent contractors are typically not covered under FMLA but may qualify for PFML.
To apply for PFML, you can begin an application online. The first step is to inform your employer. Once you have done this, you are legally protected against changes in pay, losing your benefits, and retaliation. Your benefits payment is based on your individual average weekly wage, the state average weekly wage for Massachusetts workers, your benefit year, and the type of leave you are taking. During your application, you have the option to have state and federal taxes withheld from your weekly benefit.
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Frequently asked questions
FMLA stands for the Family and Medical Leave Act, a federal law enacted in 1993 to provide employees with up to 12 weeks of unpaid, job-protected leave per year for various family and medical reasons.
PFML stands for Paid Family and Medical Leave, a state law enacted in Massachusetts in 2018. It provides employees with up to 12 weeks of paid family leave, up to 20 weeks of paid medical leave, or up to 26 weeks of combined leave in a benefit year.
PFML is a state-specific law that applies only in Massachusetts, while FMLA is a federal law that applies across the United States. PFML provides paid leave options, broader eligibility, and a more inclusive definition of family, while FMLA offers unpaid leave.
Yes, FMLA covers a wide range of situations, including caring for a family member with a serious health condition. However, it is important to note that FMLA only applies to immediate family members, and in-laws may not be considered as such.
