It can be hard to remember all the differences (both small and large) between the different leave of absence programs, let alone what’s paid, unpaid, state, federal, employer-provided, etc. But it is important that anyone responsible for managing employee leaves of absence understands the basics of these programs and how to apply them to their organization.

In this post and our FREE webinar on March 20, 2025 we are going to provide a basic understanding of Massachusetts Paid Family and Medical Leave (MA PFML) within the context of the myriad other laws that provide paid and unpaid leaves of absence.  

In Which Circumstances Do These Laws Apply?

The first thing to know is that laws covering leaves of absence generally apply when an employee needs time off (in blocks of days or weeks, or even intermittently a few hours at a time) in any of the following four types of situations:

• The employee is too ill to work;
• The employee is caring for a family member who is too ill to take care of themselves; 
• The employee has a child (by birth, adoption, or foster care); or
• The employee is caring for a family member who was injured during US military service.

There are some nuances to these four categories, but for the purposes of understanding MA PFML, these are the ones we will focus on.

What Benefits Do the Laws Grant to Employees?

The next thing to know is that the federal Family and Medical Leave Act (FMLA) and the Massachusetts Parental Leave law (which is distinct from MA PFML) both give employees the right to take job-protected time off for one or all of these situations but do not require that the employee be paid.

Overlaying all of these laws are various programs that allow employees to be paid during some or all of these job-protected leaves; for example, many employers provide paid parental leave or paid short-term disability leave that employees can use during some of the otherwise-unpaid leaves. In addition, many employees have accrued sick or vacation time for otherwise-unpaid leave time. And, in Massachusetts and about a dozen other states (the list keeps growing), we have a state fund for paid leave, typically called “PFML” (which stands for “Paid Family and Medical Leave”).

Under the PFML program in Massachusetts, employers are required to contribute a percentage of total employee payroll to a central fund, to which employees can apply for benefits if they need time off of work due to one of the covered conditions. These laws started to pop up within the last ten years; in Massachusetts, the Department of Family and Medical Leave (DFML) started collecting money for the PFML fund in 2019, and employees started applying for leaves of absence in 2021.

Which Employers Does MA PFML Apply To?

Unlike the federal FMLA, which is applicable only to employers with at least 50 employees and guarantees only unpaid leave, MA PFML offers the opportunity to apply for paid leave for every employee who works for a private employer in Massachusetts, regardless of the size of their workforce.

What this means is that, within Massachusetts: 

• Employers with 1–5 employees must comply with PFML;
• Employers with 6–49 employees must comply with Massachusetts Parental Leave (unpaid) and PFML (paid); and
• Employers with 50 or more employees must comply with Massachusetts Parental Leave and FMLA (both unpaid) as well as PFML (paid).  

What about Remote Workers?

PFML is a benefit for which any employee working in Massachusetts, even remotely for an out-of-state employer, may apply if they cannot work for one of the covered reasons listed above. Whether an employee is eligible for leave is up to the DFML, and employees have to submit an application and appropriate certification (e.g., medical documentation or birth/adoption certificate) directly to DFML. 

All the employer has to do is answer a few employment verification questions from DFML and allow employees who collect PFML benefits to return to work when they can.  

What Do Employers and Employees Contribute to MA PFML?

The amount of the contribution (and the weekly benefit) is set by DFML and can change every year. DFML publishes the rates before each calendar year, and payroll companies reprogram the contribution rates each year. The payments to the MA PFML fund are submitted with the employer’s quarterly payroll taxes. The DFML allows employers to recover some or all of the contribution from employee pay, depending on the employer size.  

In addition, employers are required to post the annual notice of the contribution amounts and employee rights under MA PFML.

What If an Employee Can’t Return When PFML Is Over? How Long Do Employers Have to Keep Someone’s Job Open? What about Self-Employed Business Owners? What about…

There are many more details about MA PFML than we can cover in one blog post. That’s why we are offering a FREE MA PFML webinar on March 20, 2025. Register now to reserve your spot — we hope to see you then! 

If you are unable to attend and still have questions, please don’t hesitate to get in touch with us; we can host a training session for your organization or industry group, provide legal advice, or even serve as your fully outsourced PFML administrator so you can focus on other business priorities.

Because every situation presents unique facts, the information provided in this article is for general information and is not intended to be legal advice regarding any specific situation. This information may be considered advertising in some states. Any links to third-party sites are for your convenience. HR Solutions At Work does not endorse specific sites or guarantee the accuracy of the information on those sites. Please contact us if you have any questions about this information or our services.

Since this blog was originally posted in August 2024, the Massachusetts legislature has postponed the effective date to October 29, 2025.

As of July 31, 2024, Massachusetts has joined nearly a dozen other states in the country in enacting pay transparency laws. The new law will take effect on July 31, 2025. The goal of this law is for increased wage transparency in the hiring process to promote fairer compensation practices, eliminate biases based on any protected class, close wage gaps, ensure equal pay for equal work, and help job applicants negotiate salaries more effectively. 

The law will require employers to disclose good-faith minimum and maximum salary ranges for job openings, not only in ads for new employees but also for existing employees for their current position or when offered promotions or transfers to a new position.

Our Recommendations

Be Proactive

In light of the newly passed law, employers should be proactive in ensuring their job postings – both internal and external – are in compliance with the law’s requirements. This may involve establishing pay ranges for all positions and reviewing the current distribution of salaries across employee positions (for example, longer-term employees’ pay ranges should be examined to make sure they make sense compared to those offered to new employees). Employers may additionally want to develop a communications strategy for notifying employees of the new law and of their right to ask for pay range information.

Use This as an Opportunity

Keep in mind that pay transparency laws can have significant benefits for employers. Studies have shown that pay transparency boosts employee engagement and retention, improves employees’ confidence that they are paid fairly for the work they do, and boosts overall job satisfaction and motivation. Pay transparency also attracts more qualified applicants for open positions, helps to resolve pay gaps, and can attract more diverse candidates.

Follow the “Goldilocks Rule”

Our guidance, based on reviewing other states’ postings and advising employers, is for employers to keep their pay range relatively narrow. We call this the “Goldilocks Rule”: employers don’t want to describe their pay range too narrowly (e.g., a salary range of $64k-$66k) or too broadly (e.g., a salary range of $50k-$200k). Instead, employers should aim for “just right” – a salary range that attracts top candidates, allows some wiggle room for experience (especially between candidates), and is a realistic (good faith) estimate of how much the employer plans to pay the employee in the position.

If you have any questions about the new pay transparency law, our team of experienced HR professionals and lawyers can help you understand the requirements of the law, communicate pay ranges to employees, and ensure your organization is compliant with the new law. We can also conduct pay equity audits and workplace trainings to guide your staff members through the requirements for both the pay transparency and EEO wage data laws. Get in touch with us to discuss your organization’s needs!

Because every situation presents unique facts, the information provided in this article is for general information and is not intended to be legal advice regarding any specific situation. This information may be considered advertising in some states. Any links to third-party sites are for your convenience. HR Solutions At Work does not endorse specific sites or guarantee the accuracy of the information on those sites. Please contact us if you have any questions about this information or our services.