8. Combining PFML with other benefits
PFML runs concurrently with any other use of time off for a qualifying reason. The PFML allotment of time off gets exhausted when workers take time off for a disability accommodation, a workplace injury, unpaid FMLA, short term disability, or any other time off associated with a qualifying condition, even if they do not apply for PFML benefits. So make sure they do apply to maximize benefits.
Vacation, Sick time, PTO
The first week of PFML is the unpaid “waiting week.” G.L. c. 175M, § 3(a). Workers often use vacation, sick time, or PTO during this week.
DFML allows workers to receive the difference between their PFML benefit and their usual pay by using accrued vacation, sick time or PTO. This is called “topping off.” (Employers may allow or not allow topping off, as long as they have a uniform policy.) PFML benefits are usually 80% of the average weekly wage (“AWW”), so the top off amount is usually 20%. For a worker who works 40 hours a week, topping off will usually cost 8 hours of PTO per week. For an exact calculation, use the PFML benefit calculator and subtract WBA from AWW. Or use the worker’s PFML approval notice, which contains the same information. For the number of PTO hours, divide by their hourly rate.
Employers cannot require workers to exhaust vacation, sick time, or PTO before or during PFML leave. G.L. c. 175M, § 2(h)(1)(iii).
Workers Compensation
A worker injured at work is eligible for workers compensation paid by the employer’s accident insurance company. Workers comp and PFML run concurrently, meaning that the 26-week allotment of PFML is used up for any week in which the injured worker cannot work, regardless of whether the worker applies for PFML.
Workers comp usually pays 60% of wages. Any medical condition that qualifies for workers comp should qualify for PFML too. The PFML application will ask if the worker are receiving workers comp and you must report it. Workers comp is the first payor, so PFML will deduct the amount of workers comp and pay the difference (usually 20%). See G.L. c. 175M, § 3(c).
Workers compensation can be slow. In cases where employers are contesting the workers comp benefit and have not agreed to pay anything, the advantage of applying for PFML is that it will pay more and it will pay faster. Workers do not have to report pending workers comp when they have not received anything yet. They will be paid out the full PFML weekly benefit amount. Then, DFML will place a lien against any future workers comp benefits. The insurance company should pay DFML directly. However, if they pay the worker, then the worker should mail a check for the same amount to DFML and report it.
Report: DFML Contact Center at (833) 344-7365
Repay: mail a check to DFML:
Department of Paid Family Medical Leave
PO BOX 411605
BOSTON MA 02241-1605.
In some cases, DFML may provide notice you can repay online at
https://www.masspays.com/EOL
Unemployment Insurance (UI) benefits
An unemployed worker may be eligible for PFML benefits for up to six months after separating from employment. G.L. c. 175M, § 1 (“Covered Individual”). Financial eligibility in this case is determined based on wages paid in the four complete calendar quarters prior to the date of separation, not the usual four complete quarters prior to the date of leave. Id. As long as the first day of PFML leave starts within 6 months of separation, the PFML leave may continue well past the 6-month limit. UI generally pays 50% of average weekly wage, whereas PFML generally pays 80% of average weekly wage. So, a former employee who can qualify for PFML should use the more generous benefit.
Example: A pregnant worker earned $500 per week. She gets laid off when she is six months pregnant because the company closes. She receives three months of unemployment benefits, worth $250 per week, until her doctor certifies her medical leave should begin. Then, she stops claiming UI and applies for PFML. Her weekly benefit amount with PFML is $400 per week. She can receive PFML for up to six months by combining up to 20 weeks of medical leave to recover from birth with up to 12 weeks of bonding leave to care for the baby. When her PFML benefits run out, she can re-open her UI claim and continue receiving UI benefits for up to 3 more months, until she finds a new job.
Practice Note: It’s important to keep in mind that an unemployed worker’s PFML qualifying reason may make them ineligible for UI benefits. Generally, to collect UI a worker must be available for work, capable of working and searching for work. A Serious Medical Condition may make them incapable of work and thus ineligible for UI. Similarly, caring for a family member with a medical condition may make them unavailable for work and thus ineligible for UI. In these cases, the worker should simply stop their weekly UI certifications and apply for PFML. Then, once they are eligible for UI again, reopen the claim and if still eligible, continue claiming their remaining UI weeks.
Short term disability (STD)
STD usually pays 60 to 67% of a worker’s wages. In theory, PFML benefits are not reduced by the amount of STD payments, unless the aggregate would exceed the worker’s usual pay or average weekly wage. G.L. c. 175M, § 3(c). That sounds good. But in practice, contractually all STD insurance policies require the worker to first apply for PFML, and then reduce STD payments by the amount of PFML benefits received. Because PFML pays a higher percentage of wages, this often results in STD payment of $0. The only workers who may receive any STD payments are those who hit the PFML maximum benefit cap ($1,170 in 2025).
Example: Worker earns $110,000 per year. Her average weekly wage is $2,116.00. Her STD benefit is 60% of that, which would normally be $1,269.60. Her PFML weekly benefit amount is $1,170. Because STD is reduced by PFML, she will receive $99.60 per week for STD.
Social Security Disability Insurance (SSDI)
A worker who cannot return to work at the end of the maximum 20 week PFML medical leave may be eligible for SSDI. If the worker is approved for SSDI for the same dates as PFML, the worker should call the DFML Call Center to report SSDI. PFML benefits are reduced dollar for dollar by any SSDI received. Because SSDI is much slower than PFML, this will likely lead to an overpayment and the worker should repay DFML the SSDI benefits they receive for the same weeks they already received PFML.
Massachusetts Parental Leave Act (MPLA)
Massachusetts anti-discrimination law gives parents 8 weeks of job-protected unpaid time off work for each child. G.L. c. 149, § 105D. For example, a new father to twins can take 16 weeks off work to care for the children and cannot be fired for taking the time off work, even though PFML gives only 12 weeks max. These benefits run concurrently, so they cannot be added together.
Accommodations
A worker may be entitled to reasonable accommodations before, during, or after taking a PFML leave.
During leave: In many cases of PFML medical leave, the worker’s job is also protected as a reasonable accommodation for a disability under state and federal disability law. In the case of a temporary disability, where “there is reason to believe that a leave of absence will provide a period during which the employee will be able to recover and return to work,” even an “indefinite unpaid leave of absence [is] [a] ‘reasonable’ accommodation” Hannah v. United Parcel Serv., Inc., 72 F.4th 630, 637 (4th Cir.), cert. denied, 144 S. Ct. 379, 217 L. Ed. 2d 205 (2023). See also Graves v. Finch Pruyn & Co., 457 F.3d 181, 185–86 (2d Cir. 2006); Humphrey v. Mem'l Hosps. Ass'n, 239 F.3d 1128, 1135–36 (9th Cir. 2001); Cehrs v. Ne. Ohio Alzheimer's Rsch. Ctr., 155 F.3d 775, 783 (6th Cir. 1998); Baucom v. Potter, 225 F. Supp. 2d 585, 592 (D. Md. 2002).
A reduced schedule PFML leave can be an effective way of getting an accommodation of reduced hours or no overtime at work. A worker that usually works 55 hours per week but can no longer work overtime due to health reasons can request PFML for 15 hours a week. The employer cannot deny the PFML leave in the same way they can deny a reasonable accommodation for “undue hardship” on the business. A reduced schedule leave of 40% or less can be renewed indefinitely because a 40% leave can last up to 50 weeks (20 weeks / 0.4 = 50 weeks, basically a full year).
Returning from leave: A worker who needs accommodations when returning from PFML should provide a doctor’s letter with as much detail as possible. For example, reduced hours or a lifting restriction may be reasonable accommodations.
Many employers request a fitness for duty certification from the doctor before a worker can return to work. But to require this certification for workers returning from PFML leave, the employer “must provide an employee or covered contract worker with a list of the essential functions of their job within ten business days of the notice to the employer … of the approval of leave by the Department and must indicate that the certification must address the employee or covered contract worker's ability to perform those essential functions.” 458 C.M.R. 2.11(2), (3). In other words, it cannot be a surprise when the worker tries to return to work. An employer cannot delay or deny return to work if it failed to give the worker the required list and request on time. Federal FMLA has the same protection. 29 CFR § 825.312(e).