7. Communicate with the employer

The law requires workers to provide notice to their employer of their need for time off work, the expected duration of time off work, and the reason (medical or family). It is not possible to submit a PFML application before a worker has notified their employer, as the application asks the date in which the worker told the employer.  They do not need to use the words “PFML,” and it is okay if they didn’t specify. But usually it is best to tell the employer the worker plans to apply for PFML benefits so they know what to expect.

While verbal notice meets the legal requirement, it is always best to notify the employer in writing (email, text) so that there is evidence in case a problem arises. They do not have to give the employer any medical paperwork unless the employer ask for it. A doctor’s letter with the dates you need off work is sufficient. (After a worker applies for PFML, the employer’s leave administrator (usually HR) will be able to see a copy of their certification of serious health condition. Workers may wish to give the employer a copy directly, but they do not have to. 

The employer has to maintain your health insurance while a worker is on leave, but the worker has to continue to pay their portion of health insurance premiums. If they don’t, there may be a large bill waiting to be paid when they return to work. The easiest way to take care of this is to “top off” their PFML benefits with sick time or PTO so that the employer can deduct health insurance premiums from the top-off amount. 

Note that unemployed workers applying for PFML within 26 weeks of separating from their job, do not need to notify their former employer of their need for PFML benefits. 458 CMR 2.08 (2). If an employer fails to notify the worker in writing of PFML rights, within 30 days of hire, with a signed acknowledgement, and including instructions to apply and the employer EIN, then the worker has no obligation to notify the employer of the need for PFML time off work, or to give 30 days notice. G.L. c. 175M, § 4(b).