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Massachusetts

Verified March 2026

Massachusetts Paid Family and Medical Leave (PFML)

Mass. Gen. Laws ch. 175M

Paid LeaveMental Health Parity20 weeks
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Overview

Massachusetts provides one of the most generous paid leave programs in the country through the Paid Family and Medical Leave (PFML) program. Workers can receive up to 20 weeks of paid medical leave for their own serious health condition (including mental health), up to 12 weeks of paid family leave for caregiving or bonding, and up to 26 weeks in a combined benefit year.

For 2026, the maximum weekly benefit is $1,230.39, calculated as 80% of wages up to 50% of the state average weekly wage ($961.24), plus 50% of wages above that threshold. A PTO top-off rule (effective November 2023) lets employees choose to supplement their PFML benefits with accrued PTO, vacation, or sick time up to 100% of their individual average weekly wage. The decision belongs to the employee, not the employer.

The program covers virtually all Massachusetts workers, including W-2 employees and many self-employed individuals who opt in. There is no minimum employer size requirement. The 2026 contribution rate is 0.88% of eligible wages for employers with 25 or more covered individuals.

Job protection is a core feature of PFML: all employers regardless of size must restore workers to the same or equivalent position with the same status, pay, benefits, and seniority upon return from leave. The 25-employee threshold only determines premium contribution obligations, not job protection. There is a 7-calendar-day waiting period before benefits begin (the waiting days count against total available leave). Employees can use PTO during the waiting period. Job protection applies during the waiting period.

Covered family members include your spouse, domestic partner, child (biological, adopted, foster, stepchild, legal ward, or child of your domestic partner), parent (biological, adoptive, step, foster, or legal guardian), parent-in-law, grandchild, grandparent, sibling, or a person who stood in loco parentis when you were a minor. Your employer must maintain your health insurance during PFML leave on the same terms as if you were still working.

Beyond PFML, Massachusetts enforces strong anti-discrimination protections through Mass. Gen. Laws ch. 151B, which prohibits disability discrimination (including mental health conditions) for employers with 6 or more employees. The Massachusetts Commission Against Discrimination (MCAD) investigates and resolves complaints. Together with federal FMLA protections, these overlapping laws provide a comprehensive framework for workers facing health challenges.

Eligibility

Employer Size

1+ employees

Leave Duration

20 weeks

Paid Leave

Yes

Compared to Federal FMLA
Up to 20 weeks for own health condition (vs 12 weeks FMLA). Paid leave. Covers nearly all workers regardless of employer size.

Additional Protections

Massachusetts Anti-Discrimination Law (Ch. 151B)

Prohibits employment discrimination based on disability, including mental health conditions. Covers employers with 6 or more employees and requires reasonable accommodations.

Mass. Gen. Laws ch. 151B, § 4

Earned Sick Time

Requires employers with 11 or more employees to provide up to 40 hours of paid sick time per year. Smaller employers must provide unpaid sick time. Can be used for mental health needs.

Mass. Gen. Laws ch. 149, § 148C

Mental Health Parity

Requires insurance plans to cover mental health and substance use disorder services at parity with medical and surgical benefits.

Mass. Gen. Laws ch. 175, § 47B

Parental Leave Act

Provides 8 weeks of unpaid parental leave for employees who have completed a probationary period. Applies to employers with 6 or more employees.

Mass. Gen. Laws ch. 149, § 105D

How to Exercise Your Rights

1. Notify Your Employer

  • Provide your employer with 30 days' advance notice if the leave is foreseeable.
  • For unexpected events, notify your employer as soon as practicable.
  • Your employer may request documentation supporting the need for leave.

2. File a PFML Claim

  • Visit paidleave.mass.gov to create an account and file your claim.
  • Select the type of leave (medical leave for your own condition, or family leave for caregiving/bonding).
  • Upload required documentation, such as a healthcare provider certification form.
  • The Department of Family and Medical Leave will review and process your claim.

3. File a Discrimination Complaint

Important Deadlines

  • 30 days - Advance notice required for foreseeable PFML leave
  • As soon as possible - File your PFML claim promptly when leave begins. There is a 7-day waiting period before benefits start
  • 300 days - Deadline to file a discrimination complaint with MCAD
  • 300 days - Deadline to file a charge with the federal EEOC

Official Resources

Full Statute Text

Read the complete text of the law

Department of Family and Medical Leave (DFML)

Administers the PFML program. File claims, check benefit status, and access resources for workers and employers.

833-344-7365

Massachusetts Commission Against Discrimination (MCAD)

Enforces anti-discrimination laws including disability protections. File complaints for employment discrimination based on mental health or physical disability.

617-994-6000

Attorney General - Fair Labor Division

Handles wage and hour complaints and enforces workplace protections including earned sick time laws.

617-727-3465

Frequently Asked Questions

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