Yes. An employee continues to be covered under the employer’s plan for not more than 26 weeks after separation or until re-employed, whichever comes first.

The qualifying reasons for MA PFML include all of the following reasons:

• To bond with a child during the first 12 months after the child’s birth, adoption, or foster care placement;
• To care for a family member’s serious health condition;
• To care for a family member who is a covered service member;
• A qualifying exigency arising out of a family member’s active duty or impending call to active duty in the armed forces; or
• The covered individual’s own serious health condition that incapacitates the individual from performing the essential functions of the individual’s job.

Family member means the following:

• The covered individual’s spouse, domestic partner, child, or parent;
• The parent of the covered individual’s spouse or domestic partner;
• A person who stood in loco parentis to the covered individual when the covered individual was a minor child, a child for whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor child; or
• A grandchild, grandparent or sibling of the covered individual.

The Average Weekly Wage for benefits and contributions is capped at the Social Security Maximum of $168,600 in 2024 and $176,100 in 2025. It is updated annually.

The State Average Weekly Wage is $1,796.72 for 2024, increasing to $1,829.13 in 2025 and is updated annually.

The benefit year is defined as the period of 52 consecutive weeks beginning on the Sunday immediately preceding the first day that Massachusetts Paid Family and Medical Leave Benefits commence for the covered individual. It is calculated on a 12-month, rolling-forward basis. The benefit year determines the benefit rate, which will stay the same for the entire benefit year, even if the covered individual files multiple applications or takes different types of leaves.

No. Not applicable.

Yes. Under Symetra’s private plan, the MA PFML payment may be sent to the policyholder if the policyholder gives us prior notice that they have made an advance payment of the MA PFML payment to the covered individual.

Yes. Leave is allowed on an intermittent or reduced leave schedule. An employer may require that intermittent or reduced leave be taken in increments consistent with the established policy that the employer or covered business entity uses to account for use of other forms of leave, provided that the minimum designated time period cannot be in increments less than 15 minutes or more than 60 minutes.

Intermittent or reduced leave for bonding requires employer agreement with the schedule. Intermittent or reduced leave for a serious health condition (whether the covered individual’s or family member’s) is allowed if medically necessary. Intermittent or reduced leave is allowed as needed for military exigencies.

Under the state plan, the DFML will accumulate intermittent leave until the earlier of eight hours or more of accumulated intermittent leave or 30 days from first date of leave if employee has not used eight hours.

• The benefit is prorated based on how much leave is taken.
• A covered individual who takes leave on an intermittent leave or reduced leave basis will receive a MA PFML benefit, including maximum MA PFML benefit, that is reduced in direct proportion to the intermittent leave usage or reduced leave schedule. A proportionate reduction will also be taken to the covered individual’s available allotment of leave under the maximum duration of benefits.

• Yes. Job protection and non-retaliation provisions apply for employees.
• The employer’s share of health insurance benefits must be paid during a period of leave at the level and under the same conditions of coverage that would have been provided if the employee continued working continuously for the duration of the qualified leave period.
• An employee who returns to work after a qualified leave period retains the right to accrue employee benefits at the same level the employee had prior to taking the leave.
• Leave taken under the policy runs concurrently with leave taken under other applicable state and federal leaves, including but not limited to Massachusetts’ Parental Leave Act, the FMLA, and Massachusetts’ Earned Sick Time Act when the leave is for a qualified reason under these acts.

Accrued paid leave is defined as leave earned by or otherwise provided to a covered individual pursuant to a benefit plan or policy offered by an employer or covered business entity, if applicable, including, but not limited to, sick leave, annual leave, vacation leave, personal leave, compensatory leave, or paid time off.

The covered individual may choose to supplement their weekly benefit amount with accrued paid leave before the period. It is subject to the accrual and use rules of their employer's paid time off policies. If accrued paid leave is paid during a period of paid family or medical leave benefits, it is the employer's responsibility to cap the accrued paid leave so that the total income replacement does not exceed 100% of the covered individual’s Average Weekly Wages.

• The private plan must be filed with and approved IN ADVANCE by the Department of Family and Medical Leave (DFML); Symetra can help you with any questions you may have on the exemption process and provide you with the documentation you need to complete the filing.
• The private plan will be effective on first day of the calendar quarter following approval (although there may be some leeway if moving from a private plan to a private plan)
• The private plan must be equal to or better than the state plan, with no greater burden or hardship to the employee. The employee cannot be required to pay more for the private plan than they would have paid under the state plan, though the employer can always pay more.
• An insured plan must be issued through an insurer like Symetra that has an approved MA PFML insurance policy filed with the Massachusetts Division of Insurance.
• A self-funded private plan’s exemption filing with the DFML also requires a surety bond that runs to the Commonwealth.
• Private plan exemptions must be renewed prior to their expiration date (which is usually four quarters).

Please click the following link for a DFML summary of the requirements for the private plan exemption process: Benefit requirements for private paid leave plan exemptions | Mass.gov and the following link for specific steps to Request a Paid Family and Medical Leave Exemption | Mass.gov. You may also refer to Symetra’s Group Life and Disability - MA PFML - Filing an Exemption Flyer- For Employers (PDF) for more information.

2024 Fiscal Year Important Dates:

7/1/24 The DFML report submission opened.

8/31/24 The DFML report submission closed.

State Plan: Employers with a state plan must submit quarterly employment and wage detail reports to DFML via MassTaxConnect.

Private Plans:

• Fully-Insured PFML: Carriers upload an aggregated report for the fiscal year (July 1 - June 30).
• Self-Funded PFML: Employers upload separate reports for each FEIN, for the fiscal year (July 1 - June 30).

For detailed data requirements, refer to the DFML Private Plan Employer Reporting Template: https://www.mass.gov/doc/dfml-private-plan-employer-reporting-template and https://www.mass.gov/info-details/employer-private-plan-reporting-obligations

Reports are submitted here: https://www.mass.gov/forms/pfml-private-plan-annual-reporting