Tips for entering next phase of Massachusetts PFML

July 2021 employment law letter

Authors:

Maureen James, Skoler, Abbott & Presser, P.C.

Since January 1, 2021, employees in Massachusetts have been able to access paid family and medical leave (PFML). The state spent the first half of the year taking applications for PFML to cover only (1) an employee’s own serious health condition and (2) a limited set of other situations (e.g., bonding with a child or supporting an active-duty military family member). As of July 1, however, the program grew to include additional PFML benefits. Eligible employees can now take job-protected paid leave to care for a family member with a serious health condition.

Who is a ‘family member?’

For PFML purposes, a “family member” includes:

Spouse or domestic partner;
Children (biological, adopted, foster, through legal guardianship or loco parentis, and/or stepchildren);
Parents (biological, adopted, foster, through legal guardianship or loco parentis, and/or stepparents);
Spouse’s or domestic partner’s parents;
Grandchildren (biological, adopted, foster, through legal guardianship or loco parentis, and/or stepgrandchildren);
Grandparents (biological, adopted, foster, through legal guardianship or loco parentis, and/or stepgrandparents); and
Siblings (biological and/or adopted).

Employers should note the family member requiring care doesn’t have to be located in Massachusetts.

What type of ‘care’ does family member need?

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