2. Who gets PFML?

Almost all employees in the state and former employees for up to six months after their separation from employment, regardless of how they separated. To be financially eligible, the employee must have been paid a total of at least $6,300 in the base period or alternate base period (see Section 17), and at least thirty times the weekly benefit amount (typically, at least 4-5 months of work). 

The Department of Family and Medical Leave (DFML) bases eligibility on whether PFML contributions were remitted on behalf of the worker. While this is incorrect legally (see Sections 15 and 19), the easiest way to see if a worker may be eligible for PFML is to check their paystub for a deduction called “MA Medical,” “MA FLI,” or similar. DFML will currently deny workers paid by cash or 1099 tax form. These workers may sign up or “opt in” 6 months prior through MassTaxConnect, or appeal and argue that they are misclassified. Workers who wish to argue they are misclassified may contact GBLS for assistance. For instructions and more information on “opting in” visit: https://www.mass.gov/info-details/opt-in-and-contribute-to-pfml-as-a-self-employed-individual

There are no immigration checks for PFML. As long as the worker has deductions from her paystub, they can apply for and receive benefits. See M.G.L. c. 6A, § 16C. (If you run into difficulties, contact our office. For questions about the procedure, contact our office.)  

Workers who are not eligible: Federal employees, municipal employees (like public school teachers), and employees of religious organizations. Cities and towns can opt their employees in, but none have done so to date.