Qualification for Leave and Amount of Benefits:

Employers neither decide whether an employee is qualified to take MA PFML, nor the amount of the weekly benefits to be awarded. These decisions are solely under the auspices of the MA Department of Family & Medical Leave.

Parental Leave/Bonding Leave:

A leave of UP TO 12 weeks is available at any time within the first 12 months following a child’s birth or adoption (or foster care placement). Contrary to common misconception, the employee is NOT REQUIRED to take such leave immediately upon birth of a child. If the employee seeks such parental leave on an intermittent basis, rather than taking full-time consecutive weeks, it may be taken intermittently only if the employer agrees.

Benefit Year:

While the FMLA (federal Family & Medical Leave Act) allows employers to choose the leave year, such as calendar, MA PFML has a “benefit year”, which starts on the Sunday before the employee’s first day of leave and lasts for 52 consecutive weeks.

Continuation of Health Insurance Benefits: 

While an employee is on protected PFML, an employer may require the employee to pay their share of the monthly health insurance premium, according to the employer’s policies. Employers are responsible for notifying the employee, before the employee goes on their leave, of the amount of their contribution to the monthly premium and when (i.e., by the 5th of each month) such payment must be submitted to the employer.

Feel free to contact us should you have any questions. We are available to assist in updating your policies to reflect the changes outlined above. In addition, we can help you determine if your employees should be categorized as non-exempt or exempt or assist you with any other employment needs you may have.

Attorney Helene Horn Figman combines specialized legal knowledge in employment law with the skills and perspectives uniquely suited to Human Resources Consulting www.figmanlaw.com

Information about her anti-harassment and anti-discrimination education programs can be found at www.workplaceawarenesstraining.com

This article has been prepared by the Law Offices of Helene Horn Figman, P.C. for general informational purposes only. It does not constitute legal advice and is presented without any representation of warranty whatsoever.

LAW OFFICES OF HELENE HORN FIGMAN P.C.
Human Resources Consulting and Employment Law Compliance
45 Bristol Drive Suite 207
South Easton, MA 02375
hfigman@figmanlaw.com
www.figmanlaw.com
(508) 238-2700

This law office does not provide tax counsel, accounting advice or employee benefit guidance.