16. Tips for applying
Online or over the phone. An application can be submitted in six languages online at paidleave.mass.gov or 200+ languages over the phone. The application is mobile-friendly. A former employee must apply over the phone. A worker who does not know the employer EIN can more easily apply over the phone. (In the online application, a worker who does not know the employer EIN can enter 00-0000000 and then answer additional questions about the employer. This usually results in a denial, which can be appealed and fixed by submitting proof of employment to help DFML find the correct employer.
An advocate can add her phone number to an online account as a secondary method of verifying logins, so that the client does not have to be available every time she checks the account. At present, there is no advocates’ portal or account.
Documents. By preparing all the documents in advance (photo ID, medical certification, W-2), you can minimize the chance of delayed or denied benefits. The dates in the application should exactly match the dates on the medical certification. For a worker with various names or aliases, DFML is expecting the application name to match the W-2 and medical certification. It is not a problem if the photo ID includes other names. For example, DFML will approve an application for “John Smith” if that is the name on the W-2 and/or medical certification, but the passport has a full name of “John Anthony Smith Collins.” If the first or last name has completely changed (for example, marriage or gender transition), DFML will want some proof that the applicant is the same person who earned the wages, which can be done thorough a mix of testimony and documentary evidence at hearing.
Apply in advance. DFML allows applications up to 60 days before the leave starts. This can be helpful because getting an approval letter before the leave starts gives a worker confidence to stop working. Also, the approval letter can be used to plan “topping off” with PTO in an amount equal to the difference between average weekly wage and weekly benefit amount. However, some early applications may be wrongly denied if the worker needs more wages to qualify for PFML, but will have enough wages earned by the leave start date. (Employers only report wages 4 times a year, January 31, April 30, July 31, and October 31, so DFML does not have a record of recent wages until those dates). For more details, see Part 6 (Appeals).
Apply retroactively. Workers have 90 days to apply for benefits without any risk. After that, DFML will only approve the portion of the leave that falls within 90 days of the application date and deny the portion of the leave that is older than 90 days. However, this denial can be appealed, and the worker can win if they give a “good cause” reason, outside of their control, that delayed the application. 458 C.M.R. 2.02. Common good-cause reasons are: employer failed to notify worker of benefit, worker was unaware of benefit, medical provider took a very long time to grant an appointment or complete the form, or worker was confused about eligibility because of other concurrent benefits like workers’ compensation. GBLS has successfully gotten retroactive applications approved up to 2.5 years after the leave start date.
Maternity leave is a two-step application
Maternity leave should include 6-14 weeks of medical recovery, followed by 12 weeks of bonding. The birthing parent must begin PFML leave by applying for pregnancy-related medical leave, certified by a doctor. They must appeal any denials and get an approval letter. Then, she can add 12 weeks of bonding leave to the same application once baby is born using the birth certificate or the hospital registrar’s proof of birth. DO NOT FILE TWO APPLICATIONS because there will be two unpaid waiting weeks. There is a button in the online application to add bonding, or the call center can add it easily. Each year, thousands of new parents miss out on paid time off because they only use one of the two parts to maternity leave.
Practice Note: if the pregnant worker’s doctor does not specify in question 12 of the medical certification the worker needs some weeks off work for pregnancy or prenatal care, the medical leave dates may shift once that worker applies for bonding leave based on the actual date the child was born. See section 37 for more details.