Paid Family and Medical Leave (PFML) and the Family and Medical Leave Act (FMLA) represent two government programs that may help you take time off.
PFML provides paid leave and covers a broader range of family members, while FMLA offers unpaid, job-protected leave with a narrower definition of who qualifies as a family member. A Boston Family and Medical Leave Act (FMLA) lawyer can provide more information about both programs.
What You Need to Know About PFML and FMLA
PFML and FMLA are two programs that allow many employees to take protected time away from work to care for their own health or a family member’s health.
PFML
The Paid Family and Medical Leave (PFML) program in Massachusetts offers employees paid time off for specific family and medical needs. The state designed this initiative to support workers needing time to care for themselves or their loved ones.
Eligible employees can take up to 12 weeks of paid leave for family reasons and 20 weeks for medical reasons, funded through employee payroll contributions. You may take up to 26 weeks of combined family and medical leave in a single benefit year.
FMLA
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid, job-protected leave for certain family and medical reasons. FMLA applies to employers with 50 or more employees within a 75-mile radius. The government designed this program to protect employees’ jobs during their leave.
A Boston labor and employment law firm can provide more information about these programs and what PFML vs. FMLA is in Massachusetts.
The following table illustrates the main differences between PFML and FMLA:
| Category | PFML | FMLA |
| Eligibility Requirements | Must earn at least $5,700 in the previous year and have worked ~15 weeks; available to most MA workers regardless of employer size. | Must work for a covered employer (50+ employees within 75 miles), have 12 months of employment, and 1,250 hours worked in the past year. |
| Paid vs. Unpaid | Paid leave through the state PFML program. | Unpaid leave. Employees may use accrued PTO if employer policies permit. |
| Length of Leave | Up to 12 weeks family leave and 20 weeks medical leave (combined max of 26 weeks per benefit year). | Up to 12 weeks of unpaid leave in a 12-month period (26 weeks for military caregiver leave). |
| Employer Coverage | Applies to all Massachusetts employers, including small businesses. | Applies only to employers with 50+ employees within a 75-mile radius. |
| Reasons Allowed | Caring for a new child, a family member’s serious health condition, the employee’s own serious health condition, or certain military-related needs. | Birth, adoption, or foster placement of a child; caring for a spouse, child, or parent with a serious health condition; the employee’s own serious health condition; certain military-related reasons. |
| Job Protection | Job-protected leave for eligible employees returning to the same or a comparable role. | Job-protected leave required for all eligible employees. |
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What Is Covered by PFML vs. FMLA in Massachusetts?
PFML and FMLA cover similar situations. However, these programs do not offer identity coverage. For example, you may apply for PFML if you need to:
- Care for a newborn or newly adopted child
- Assist a family member with a serious health condition
- Manage a personal serious medical issue
- Address needs relating to a family member’s military service
Under FMLA, employees can take up to 12 weeks of leave in a 12-month period for:
- The birth and care of a newborn child
- The placement of a child for adoption or foster care
- Caring for a spouse, child, or parent with a serious health condition
- A serious health condition that prevents the employee from performing their job
While similar, one of these programs may better meet your needs. A lawyer can tell you more and provide detailed information about what PFML vs. FMLA is in Massachusetts.
Am I Eligible for PFML and FMLA?
The eligibility rules for PFML and FMLA vary. PFML is available to all employees in Massachusetts, regardless of employer size. You must have earned at least $5,700 in the past year and worked for at least 15 weeks to qualify.
FMLA requires employees to work for a covered employer (50 or more employees) and have worked at least 1,250 hours in the past year, in addition to being employed for at least 12 months before becoming eligible for compensation.
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Understanding the Duration of Leave
PFML offers up to 12 weeks of paid leave for family reasons and 20 weeks for medical reasons within a 12-month period. Additionally, PFML offers paid leave benefits based on your average weekly wage, with a maximum cap.
FMLA provides up to 12 weeks of unpaid leave for qualifying situations within a 12-month timeframe. While FMLA does not offer paid leave, employees can opt to use accrued paid leave during their time off.
Job Protection
Both PFML and FMLA ensure job protection, allowing employees to return to their same or a comparable position after their leave ends. Understanding the nuances between PFML and FMLA is essential for Massachusetts employees who want to protect their rights and access the benefits available to them.
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An Easy Guide for the PFML and FMLA Application Process
The steps to apply for PFML and FMLA benefits vary.
Apply for PFML Benefits
To apply for PFML benefits, you should:
- Check your eligibility: Make sure you meet the requirements for PFML.
- Gather necessary documentation: Collect proof of employment and any medical certifications needed.
- Submit your application: Complete the application through the Massachusetts Department of Family and Medical Leave (DFML) website.
- Await approval: After submitting, you will receive a decision regarding your eligibility and benefit amount.
Apply for FMLA Benefits
To request FMLA leave, follow these steps:
- Inform your employer: Notify your employer about your need for FMLA leave as soon as possible.
- Complete required forms: Your employer may ask you to fill out specific forms or provide medical documentation.
- Follow company policies: Adhere to your employer’s guidelines regarding leave requests and necessary paperwork.
How a Boston Lawyer Can Help With Your Benefits
Understanding and applying for PFML or FMLA benefits can be complicated, especially if you are managing a health issue or caring for a loved one. A Boston lawyer familiar with Massachusetts leave laws can guide you through the process and help protect your rights from start to finish.
An experienced PFML and FMLA lawyer offers a wide range of services, including:
- Evaluating your eligibility and determining which program (PFML, FMLA, or both) applies to your situation.
- Explaining how the two programs interact, including whether your leaves will run concurrently or separately.
- Preparing and reviewing your paperwork to ensure your applications and medical documentation are complete and accurate.
- Communicating with your employer if there are questions, disputes, or improper denials of leave.
- Appealing a PFML denial and helping you gather the evidence needed to support your claim.
- Addressing FMLA violations, including retaliation, interference, or wrongful termination.
Get Legal Guidance With PFML vs. FMLA in Massachusetts
These two programs offer significant protections but differ in eligibility, duration, payment, and leave reasons. At Duddy, Goodwin & Pollard, we focus on helping you navigate employment law, including PFML and FMLA. If you have questions about your rights or need assistance with a leave request, don’t hesitate to reach out.
Contact our team today for a consultation, and let our experienced attorneys guide you in securing the benefits you deserve. Your well–being is important, and we are here to support you every step of the way.
Call or text (860) 999-9394 or complete a Free Case Evaluation form