• Beginning January 1, 2021, you may be entitled to up to
o 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;
o 20 weeks of paid medical leave in a benefit year if they have a serious health condition that incapacitates them from work
o 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’s military service.
• Beginning July 1, 2021, you may be entitled to up to
o 12 weeks of paid family leave in a benefit year to care for a family member with a serious health condition.
o 26 total weeks, in the aggregate, of paid family and medical leave in a single benefit year.
• Your weekly benefit amount will be based on the employee’s earnings, with a maximum benefit of $850 per week.
Job Protection, Continuation of Health Insurance, No Retaliation
• 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.
• 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.
• No Retaliation: It is unlawful for any employer to discriminate or retaliate against you for exercising any right to which you’re 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
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.
How to File a Claim
Employees must file claims for paid family and medical leave benefits with the DFML using the Department’s forms. Forms and claim instructions will be available on the Department’s website www.mass.gov/DFML before January 2021.
Employees are required to provide at least 30 days’ 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’ notice due to circumstances beyond his or her control is required to provide notice as soon as practicable.
Payment for Concurrent Leave
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.
Private Plan Exemption
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.
The details of any private plan must be provided to employees by an employer at the same time as this Notice.
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.
Does not have an approved private plan;
Has an approved private plan for both family and medical leave;
Has an approved private plan for family leave only;
Has an approved private plan for medical leave only.
Department of Family and Medical Leave (DFML) Contact Information
The Massachusetts Department of Family and Medical Leave
Charles F. Hurley Building
19 Staniford Street, 1st Floor
Boston, MA 02114
More Information is Available
For more detailed information, please consult the Department’s website: www.mass.gov/DFML.