17. Eligibility

Eligibility follows the worker

PFML eligibility can start on day 1 of a new job, as long as the worker has sufficient wages from other jobs in the last twelve months to be financially eligible.  A full-time, part-time, or seasonal employee of a Massachusetts business or the state government or agency is eligible for PFML benefits. A former employee is also eligible for the first 26 weeks after separation from employment.  (The main categories of workers who are not eligible are municipal employees, federal employees, and independent contractors who have not opted in for PFML coverage. If the worker worked in a public-school building but was paid by a third-party contractor, they are eligible). 

To be financially eligible for PFML benefits and job protection, a worker must meet two tests. First, they must have at least a minimum amount of total wages in the base period ($6,300 in 2025). Second, the worker must have total base period wages greater than 30 times the weekly benefit rate. “Wages received from multiple employers or covered business entities within the base period can be aggregated to determine financial eligibility for leave." 458 C.M.R. 2.02.

Note: DFML applies a test that total wages in the base period must be greater than 30 times the PFML weekly benefit amount (WBA), which is a more difficult test than the statutory test. The statutory test is found at G.L. c. 151A, § 24(a), and requires a worker to have earned 30 times the weekly benefit rate. Weekly benefit rate is defined as 50% of the AWW, up to 57.5% of the SAWW. G.L. c. 151A, § 29(a). There is litigation pending on this difference.

Because the second test depends on quarterly wages and the worker may not have easy access to quarterly wages, it is usually easiest to simply apply for PFML. The approval or denial notice will show a table with all quarterly wages on file for the worker.

Example 1 (30X WBA): A worker has total quarterly wages for the last four completed calendar quarters of: $0, $5,000, $6,000, and $8,000. AWW = $539.00. WBA = $431.20. ( 30 * $431.20 ) = $12,936. Total wages of $19,000 are greater than 30X WBA, so DFML will find the worker is eligible. 

Example 2 (30X WBA): A worker has total quarterly wages for the last four completed calendar quarters of: $0, $0, $10,000, and $14,200. AWW = $1,093.00. WBA = $820.87. (30 * $820.87 ) = $24,626.10. Total wages of $24,200 are less than 30X WBA, so DFML will find the worker is not financially eligible.
Example 2 (30X Weekly Benefit Rate): A worker has total quarterly wages for the last four completed calendar quarters of: $0, $0, $10,000, and $14,200. AWW = $1,093.00. WBR = $546.50. (30 * $546.50) = $16,395.00. Total wages of $24,200 are greater than 30X WBA, so GBLS believes the worker should be financially eligible.

What is my base period?

The standard base period is the last four completed calendar quarters preceding the benefit year. G.L. c. 175M, § 1; G.L. c. 151A, § 1(a). The benefit year is the 52 consecutive weeks starting on the Sunday preceding the first day of leave. G.L. c. 175M, § 1. If an applicant is not eligible using wages from the standard base period, or if the benefit amount would increase by at least 10%, the applicant may use wages from the alternate base period. The alternate base period is the last three completed calendar quarters preceding the PFML leave start date, plus the incomplete calendar quarter in which the leave starts.  G.L. c. 151A, §1(a). This is the same as for unemployment benefits. 

SBP Example: a worker who takes PFML leave starting Wednesday, April 16, 2025 will have a benefit year starting Sunday, April 13, 2025. The base period is from April 1, 2024 to March 31, 2025 (the second quarter of 2024 through the first quarter of 2025).

ABP Example: If the leave starts on June 15, 2025, the alternate base period is from July 1, 2024 to June 14, 2025. The alternate base period is only used on appeal. If the worker believes they would be eligible or receive a benefit increase of at least 10%, they will have to appeal and provide proof of wages. The reason for this is that the employer does not report wages until after the calendar quarter is completed. 

When an applicant applies before the leave start date, DFML uses a base period of the last four completed calendar quarters preceding the application date. 458 C.M.R. 2.02. This only matters when the application date is in a different calendar quarter than the leave start date. (This has no statutory basis, but it allows DFML to process the claim without waiting for the leave to start or for the quarter to end.) On appeal, DFML will use the standard base period (4 quarters preceding Sunday preceding leave start date) if the application-date base period resulted in a denial or if the applicant requests it.

The other scenario when DFML departs from the statutory definition of base period is when the application is filed, or the leave starts, in the first month of a new quarter (January, April, July, or October). Employers have 30 days from the end of the quarter to report wages, so DFML will not have wages reports for the most recently completed quarter. To get around this, DFML will use the four most recently reported calendar quarters. However, for relatively new employees who need wages from the most recent quarter to meet the earnings requirements, this leads to frequent wrongful denials of benefits. This can be fixed on appeal, as described below.

Example: a worker who takes PFML leave starting Wednesday, April 16, 2025 will have a benefit year starting Sunday, April 13, 2025. The base period should be from April 1, 2024 to March 31, 2025 (the second quarter of 2024 through the first quarter of 2025). However, if the application is filed before the employer reports Q1 wages, then DFML will use a base period of January 1, 2024, to December 31, 2024. To use Q1 wages, the applicant would have to appeal. Usually, by the time the appeal is filed and processed, the employer has reported the wages for the recent quarter and the worker can be approved. The worker can also submit proof of recent wages directly to DFML during the appeal.

Bottom line on financial eligibility

Always appeal a denial due to financial eligibility. The worker may be eligible after considering wages the employer has not yet reported from a recently completed calendar quarter, or after considering wages from the alternate base period. The worker may also be eligible under the less strict 30X WBR financial eligibility test, or if there are wages and employer failed to report them, or if the worker was misclassified and the employer failed to make payroll deductions. Use the PFML benefit calculator to estimate eligibility: https://calculator.eol.mass.gov/pfml/yourbenefits/ 

Do I need a valid work authorization to apply for PFML?

No. As long as the worker has PFML deductions from her paystub, she can apply for and receive benefits without any issue. See M.G.L. c. 6A, § 16C. There are no immigration checks. These benefits are entirely funded and administered by the Commonwealth of Massachusetts, and there is no federal involvement. (If you run into difficulties or have questions, contact our office.)  

When an application is filed, DFML checks whether there are reported wages and PFML trust fund contributions matching the employer EIN and worker SSN (or ITIN) listed in the application. If there is a match, then DFML checks whether there are enough wages to be financially eligible. If there is no match, or if there are not enough wages, DFML will deny the application.