PFML frequently asked questions for employees (2023)

FAQs

What questions should I ask HR about FMLA? ›

Employers must withhold PFML contributions from employees' paychecks. Employers are only required to send an employer contribution if they have 25 or more covered individuals in their workforce. The PFML law follows the unemployment statute for determining what counts as wages.

The employer is required to respond to the employee within five business days of receiving a request or of becoming aware of the need for FMLA leave. The easiest way to comply with this response requirement is to use the FMLA model form Notice of Eligibility and Rights & Responsibilities (WH-381).

Between 0.63%, the medical leave contribution is 0.52% and the family leave is 0.11%. For medical leave, employers can deduct a maximum of 40% of the contribution from the employee's wages. And, employers can deduct up to 100% of the contribution required for family leave from employees' wages.

Qualifying Reasons

If an employee takes FMLA leave, it must be for a qualifying reason. You can ask questions regarding the nature of the leave to determine if a qualifying reason exists.

Human resource professionals and managers should not call an employee into work for any reason during Family and Medical Leave Act (FMLA) time off, employment law attorneys say. Occasional phone calls may be OK, but workplace investigations and even promotion discussions should be postponed until the employee's return.

Under the FMLA regulations, once an employer receives notice that an employee may be eligible for FMLA leave, the employer is permitted to request a medical certification to confirm the employee's need for leave.

If it is necessary for business purposes to communicate that an employee is or will be out of work, you can indicate that they are “on leave,” but do NOT disclose they are on “medical leave”.

Your benefits payment is based on your individual average weekly wage, the state average weekly wage for Massachusetts workers, your benefit year, and the type of leave you are taking. In 2022, the maximum weekly benefit is $1,084.31.

You meet the earnings requirement if you earn enough to meet the threshold: For 2022, the requirement is $5,700 in earnings and 30 times the PFML benefit amount. For 2023, the requirement is $6,000 in earnings and 30 times the PFML benefit amount. Threshold amounts are updated annually.

What is the salary cap for PFML in Massachusetts? ›

68% in 2022) capped at the 2023 Social Security wage base ($160,200). The maximum weekly PFML benefit will also increase to $1,129.82 (from $1,084.31 in 2022).

An employee can choose to use PTO instead of PFML benefits. They cannot use PTO and receive PFML benefits on the same day.

An individual may pay taxes on benefits if they received payments from PFML in a given calendar year. Contributions to the PFML Family and Employment Security Trust Fund are withheld from Massachusetts employees' paychecks to fund the program.

If you employ Massachusetts employees, you're required to comply with the PFML law. Learn more about the law, your obligations, how to make contributions, and other employer responsibilities.

Your employer does not need to know your or your family member's medical history. Your employer can request that you provide medical certification containing sufficient medical facts to establish that you are using FMLA leave for a qualifying serious health condition.

In the United States you're legally not required to give the reason for calling in sick. Many employees believe it makes them sound more credible if they give details of their illness.

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12 ...

Can an employee check emails while on FMLA? ›

Employees are allowed to volunteer to help out by checking their email or taking some calls while on FMLA.

Whether an employee is on continuous or intermittent leave, the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) restrict sharing information about the employee in virtually the same way and emphasize keeping medical information confidential.

Avoid contacting employees on FMLA leave unless necessary. If it can wait until the employee returns, it is better not to contact the employee.

When employees exhaust twelve weeks of FMLA leave and still cannot return to work due to their own medical impairment, the employer may have an obligation under the ADA to grant additional unpaid leave as a reasonable accommodation, in some situations.

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

“I want to let you know that I've been working a different schedule than normal because of some family health issues. I've worked out an arrangement with Jane and HR, but wanted to give you a heads-up, too.” “I'm taking intermittent FMLA leave so you may notice me working different or fewer hours than usual.”

Other records are considered employment records rather than health care records and are not protected by HIPAA, including: Family and Medical Leave Act (FMLA) medical certifications.

Unless a manager, supervisor, or human resources employee has a legitimate need to know, it's safe to say that an employer that discloses private medical information to other employees is breaking the law.

However, an employer has the right to deny a vacation or personal day off request, but they must usually provide a reasonable explanation for such a denial. If you recently encountered problems while trying to request time off from work, contact a Los Angeles employment attorney to determine if the refusal was legal.

For 2023, the new state average weekly wage is $1,765.34 and the new maximum weekly benefit rate is $1,129.82.

Can you extend PFML in Massachusetts? ›

You must let your employer know at least 30 calendar days before your current leave expires or as soon as possible. If you need to extend your leave, you must go online to paidleave.mass.gov or call the Contact Center. You can request an extension up to 30 calendar days after the expiration of your original leave.

Contribution Rates: For 2023, the overall PFML contribution rate has decreased from 0.68% to 0.63% of eligible wages for employers with 25 or more covered individuals. The PFML contribution rate for smaller employers – fewer than 25 covered individuals – decreased from 0.344% to 0.318%.

Beginning in January 2023, the maximum weekly benefit that employees are eligible to receive through the PFML will be $1,129.82, an increase of $45.51 from the current maximum weekly benefit of $1,084.31.

Businesses and organizations with one or more employees are subject to the MA PFML law. Exceptions include: Self-employed individuals (may opt-in to the state plan). Municipal employers (may opt-in to the state plan if they decide to participate in the program).

Who pays for PFL? PFL is funded by mandatory payroll deductions from covered workers. This means that your previous paychecks helped pay for your own benefits and the benefits of millions of other eligible Californians.

Both full and part time employees are eligible for MA PFML benefits—there is no minimum hours worked requirement. Eligibility is based on the amount of compensation that the employee has earned while working for any employer in Massachusetts during the last 4 completed quarters—not the specific employer.

Eligible employees can take FMLA leave to care for a child, spouse, or parent who has a serious health condition. Caring for a family member under the FMLA includes assistance with basic medical, hygienic, nutritional, safety, transportation needs, physical care, or psychological comfort.

Include a request for FMLA leave and why you think it qualifies for FMLA protection. Date the leave will begin. Expected date of return to work. Specific dates and times of absence, if applicable.

Limit contact to urgent matters only.

FMLA interference includes not only refusing to authorize FMLA leave, but also discouraging an employee from using leave. Therefore, while an employee on FMLA leave has no right to be left alone, any contact should be limited to urgent matters and should be kept brief.

Whether an employee is on continuous or intermittent leave, the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) restrict sharing information about the employee in virtually the same way and emphasize keeping medical information confidential.

Is anxiety a serious health condition under FMLA? ›

A chronic condition whether physical or mental (e.g., rheumatoid arthritis, anxiety, dissociative disorders) that may cause occasional periods when an individual is unable to work is a qualifying serious health condition if it requires treatment by a health care provider at least twice a year and recurs over an ...

Go to your Human Resources department and let them know you would like to take an FMLA-approved absence for stress leave. They will provide you with the necessary paperwork that you must take to your doctor.

When to Let Your Employer Know You Might Need FMLA Leave. To take FMLA leave, you must provide your employer with appropriate notice. If you know in advance that you will need FMLA leave, you must give your employer at least 30 days advance notice.

Intermittent FMLA leave is an option for employees who want to use FMLA leave in a more flexible manner. Intermittent leave involves the use of days or hours, broken down into increments, to care for a family member with a serious illness or to receive treatment for your own serious illness.

FMLA is a federal program, while CFRA is state based in California. Simply being pregnant under FMLA qualifies, while CFRA only covers time off for pregnancy complications. It is more difficult to be covered as a domestic partner by FMLA than by CFRA.

Employee Eligibility for FMLA/CFRA Leave

An employee must have worked for a covered employer for at least 12 months and must have worked for 1,250 hours in the 12 months before the start of the leave.