{"id":4324,"date":"2019-05-10T18:39:27","date_gmt":"2019-05-10T18:39:27","guid":{"rendered":"http:\/\/hamraenterprises.com\/hamra-handbook\/massachusetts-paid-family-and-medical-leave\/"},"modified":"2024-02-21T16:06:49","modified_gmt":"2024-02-21T16:06:49","slug":"massachusetts-paid-family-and-medical-leave","status":"publish","type":"hamra-handbook","link":"https:\/\/hamraenterprises.com\/es\/hamra-handbook\/massachusetts-paid-family-and-medical-leave\/","title":{"rendered":"Licencia familiar y m\u00e9dica remunerada en Massachusetts"},"content":{"rendered":"

\u2022\u00a0Beginning January 1, 2021, you may be entitled to up to<\/strong>
\no 12 weeks of paid family leave in a benefit year for the birth, adoption, or foster care placement of a child, or because of 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;
\no 20 weeks of paid medical leave in a benefit year if they have a serious health condition that incapacitates them from work
\no 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\u2019s military service.<\/p>\n

\u2022 Beginning July 1, 2021, you may be entitled to up to<\/strong>
\no 12 weeks of paid family leave in a benefit year to care for a family member with a serious health condition.
\no 26 total weeks, in the aggregate, of paid family and medical leave in a single benefit year.<\/p>\n

\u2022 Your weekly benefit amount will be based on the employee\u2019s earnings, with a maximum benefit of $850 per week.
\nJob Protection, Continuation of Health Insurance, No Retaliation<\/p>\n

\u2022 Job Protection: Generally, if you take family or medical leave under the law you must be restored to your previous position or to an equivalent position, with the same status, pay, employment benefits, length-of-service credit and seniority as of the date of leave.<\/p>\n

\u2022 Continuation of Health Insurance: Your employer must continue to provide for and contribute to your employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if you had continued working continuously for the duration of such leave.<\/p>\n

\u2022 No Retaliation: It is unlawful for any employer to discriminate or retaliate against you for exercising any right to which you\u2019re entitled under the paid family and medical leave law. An employee or former employee who is discriminated or retaliated against for exercising rights under the law may, not more than three years after the violation occurs, institute a civil action in the superior court.Contributions to the DFML Family and Employment Security Trust Fund<\/p>\n

On October 1, 2019, contributions to the Department of Family and Medical Leave (DFML) Employment Security Trust Fund will begin. An employer will be responsible for sending contributions to the DFML for all employees, though they may deduct a portion from employee pay. The contribution rate may be adjusted annually and can be found in the attached effective rate notice.<\/p>\n

How to File a Claim<\/strong><\/p>\n

Employees must file claims for paid family and medical leave benefits with the DFML using the Department\u2019s forms. Forms and claim instructions will be available on the Department\u2019s website www.mass.gov\/DFML before January 2021.<\/p>\n

Employees are required to provide at least 30 days\u2019 notice to their employer of the anticipated starting date of any leave, the anticipated length of the leave and the expected date of return. An employee who is unable to provide 30 days\u2019 notice due to circumstances beyond his or her control is required to provide notice as soon as practicable.<\/p>\n

Payment for Concurrent Leave<\/strong><\/p>\n

Any paid leave provided under a collective bargaining agreement or employer policy and paid at the same or higher rate than paid leave available under this law shall count against the allotment of leave benefits available under this law.
\nPrivate Plan Exemption<\/strong><\/p>\n

An employer that offers paid leave with benefits that are at least as generous as those provided under the law may apply for an exemption from paying the Department of Family and Medical Leave Family and Employment Security Trust Fund contribution. An employer may apply for an exemption from the medical leave contribution, family leave contribution, or both.<\/p>\n

The details of any private plan must be provided to employees by an employer at the same time as this Notice.<\/p>\n

Employees enjoy rights to job-protected leave and from discrimination and retaliation under the law even if their employer is approved to provide leave benefits through a private plan.<\/p>\n

\uf06f Does not have an approved private plan;<\/p>\n

\uf06f Has an approved private plan for both family and medical leave;<\/p>\n

\uf06f Has an approved private plan for family leave only;<\/p>\n

\uf06f Has an approved private plan for medical leave only.
\n(Employer Name)<\/p>\n

Department of Family and Medical Leave (DFML) Contact Information<\/p>\n

The Massachusetts Department of Family and Medical Leave
\nCharles F. Hurley Building
\n19 Staniford Street, 1st Floor
\nBoston, MA 02114
\n(617) 626-6565
\nwww.mass.gov\/DFML<\/p>\n

More Information is Available<\/p>\n

For more detailed information, please consult the Department\u2019s website: www.mass.gov\/DFML.<\/p>\n

As of November 1, 2023:
\nIf you apply for PFML benefits on or after November 1, 2023, you will be allowed to supplement your PFML benefit with your accrued PTO while on PFML.
\nTopping off allows you to supplement your weekly PFML benefit with your accrued PTO, up to your Individual Average Weekly Wage (IAWW). Example: An employee\u2019s IAWW = $2,000 and they have an approved PFML application that pays $1,100 per week. The employee may top off that amount with PTO up to $900 per week, if available. The combined weekly sum of PFML benefits and employer provided paid leave benefits cannot exceed your IAWW.<\/p>\n

Volver a las leyes federales y estatales<\/a><\/strong><\/h3>\n

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