G.1.5.4 Massachusetts Paid Family and Medical Leave Act (PFMLA) Policy

Marine Biological Laboratory
Policy No. G.1.5.4

Human Resources

Initiated by: Human Resources Director
Approved by: MBL Director 
Date: June 2026
Distribution: MBL Community

Eligibility Requirements

All employees working in Massachusetts are eligible for paid family and medical leave under the Massachusetts Paid Family and Medical Leave Act (“PFMLA”), provided they have received wages that are equal to or greater than 30 times the weekly benefit amount available to them under 458 CMR 2.12 and not less than $6,300 over the last four quarters.  This includes wages received from other employers during the past two quarters. Former employees may also be eligible for paid benefits, to the extent they have been separated from the Company for not more than 26 weeks at the start of their leave and have not found subsequent employment at the time their leave begins. 

Entitlement

Eligible employers may take up to twenty-six (26) weeks of job-protected PFMLA leave for certain family and medical reasons during the course of a benefit year.  The benefit year is calculated prospectively looking at the 52-week period beginning on the Sunday immediately preceding the first day of job-protected leave for the employee.  PFMLA leave may be taken for any one, or for a combination, of the following reasons:

  • Up to twelve (12) weeks of family leave: (i) to bond with a child during the first 12 months after the child’s birth, adoption, or foster care placement; (ii) for a qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call to active duty in the Armed Forces; or (iii) to care for a covered-family member, who has a serious health condition 
  • Up to twenty-six (26) weeks of family leave to care for a family member who is a covered service member with a serious health condition.
  • Up to twenty (20) weeks of medical leave for their own serious health condition that makes them unable to perform one or more of the essential functions of their job.

A covered-family member includes the employee’s spouse, domestic partner, child, parent, parent of a spouse or domestic partner, a person who stood in loco parentis when the employee was a minor child, grandchild, grandparent, or sibling. 

A serious health condition is an illness, injury, impairment or physical or mental condition that involves: (i) inpatient care in a hospital, hospice or residential medical facility; or (ii) continuing treatment by a health care provider. 

Qualifying exigencies may include caring for a military member’s child or other family member of the military member on covered active duty, making financial or legal arrangements for the military member, attending counseling, attending military events or ceremonies, spending time with the military member during a rest and recuperation leave or following return from deployment or making arrangements following the death of the military member.

A covered servicemember is either: (a) a member of the Armed Forces, including a member of the National Guard or Reserves, who is: undergoing medical treatment, recuperation or therapy; otherwise in outpatient status; or is otherwise on the temporary disability retired list for a serious injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces, or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces; or (b) a former member of the Armed Forces, including a former member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy for a serious injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces, or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces and manifested before or after the member was discharged or released from service.

Leave and benefits are administered by the Massachusetts Department of Family and Medical Leave (the “Department”). Although the Company provides wage income verification to the Department, all benefits determinations are made exclusively by the Department.  The Department calculates weekly benefits as follows: (i) the portion of an employee’s average weekly wage that is equal to or less than 50% of the state average weekly wage shall be replaced at a rate of 80%; and (ii) the portion of an employee’s average weekly wage that is more than 50% of the state average weekly wage shall be replaced at a rate of 50%, up to the applicable weekly benefit limits.

The first seven (7) calendar days of leave are unpaid by the Department, except for medical leave during a pregnancy or recovery from childbirth if supported by documentation by a health care provider that is immediately followed by family leave, in which case the 7-day waiting period for family leave will not be required.  During any unpaid waiting period, employees may elect to use sick or vacation time to replace their regular income.  Typically, employees will start receiving benefits from the Department not less than fourteen (14) days after the Department approves the leave and receipt of benefits, unless the Department approves benefits more than fourteen (14) days before the onset of eligibility to take leave. 

Substitution of Department Benefits with Company Benefits

Employees may substitute the Department’s benefits with their own accrued vacation or sick time.  If employees elect to make such a substitution, they shall not receive any benefits from the Department.  Receipt of such benefits does not extend PFMLA leave entitlements, which will run concurrently with any Company-provided benefits.   

Topping off Department Benefits with Company Benefits

Employees may choose top-off any benefits received from the Department with accrued vacation or sick time, assuming the reason for taking PFMLA leave is covered under the vacation or sick time policies, up to their average weekly wage.  Choosing to top-off benefits will not affect benefits received from the Department.  Topping off benefits received from the Department does not extend PFMLA leave entitlements, which will run concurrently with any Company-provided benefits. 

Please contact Human Resources if you are interested in topping off the benefits you receive from the Department with your accrued vacation or sick time.  If you do not have any available accrued vacation or sick time, or if you exhaust all your accrued vacation and sick time during the course of your leave, you will no longer be eligible to top-off the benefits received from the Department.   

Use of Leave

PFMLA leave is usually taken for a period of consecutive days, weeks or months. However, employees also are entitled to take PFMLA leave intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or family member. Qualifying exigency leave also may be taken on an intermittent basis.  Intermittent leave may be taken in increments of half days.  In addition, the Department only permits employees to apply for payment of benefits associated with intermittent leave once they have eight (8) hours of accumulated leave time, except where more than 30 calendar days has lapsed since the employee initially took such leave.

The employee is required to work with the MBL to create an agreed-upon intermittent or reduced leave schedule.  Failure to comply with the agreed-upon schedule may result in disciplinary action. 

The use of intermittent leave will result in the proportional reduction of an employee’s available allotment of leave.  For example, if an employee normally works 40 hours per week and takes intermittent leave for 20 hours each week, then it will be counted as ½ a week of leave to be counted against the employee’s leave entitlement. 

Employee Notice to the Company

To trigger PFMLA leave protections, employees must inform Human Resources of the need for leave and the anticipated timing and duration of the leave, if known.  The employee notice must state: 

  • the anticipated start date of the leave,
  • the anticipated length of the leave, and 
  • the individual’s expected return date.

Employees must provide the MBL at least 30 days’ advance notice of the need to take PFMLA leave when the need is foreseeable.  Such notice must be provided before employees apply to the Department.  When 30 days’ notice is not possible, or the approximate timing of the need for leave is not foreseeable, employees must provide the MBL notice of the need for leave as soon as practicable. 

When planning medical treatment, the employee must consult with the MBL and make a reasonable effort to schedule treatment so as not to unduly disrupt the MBL’s operations. The employee must consult with their manager and/or Human Resources prior to the scheduling of treatment to work out a treatment schedule which best suits the needs of both the MBL and the employee.

The Department may deny or delay leave and benefits for employees who fail to give the MBL at least 30 days’ notice for foreseeable leave without a reasonable excuse for the delay, who apply to the Department before notifying their employer, or who otherwise fail to satisfy PFMLA notice obligations. 

Employee Application to the Department 

After providing notice to the MBL (unless the need for leave is unforeseeable), employees should apply directly to the Department for leave and benefits. Employees are required to use the forms provided by the Department and their application for benefits may not be processed unless the application for benefits includes all information necessary for the Department’s review and processing.  The Department requires the following information: 

  • Identifying information, such as Social Security Number or Individual Taxpayer Identification Number; 
  • The nature of the leave, whether family leave or medical leave; 
  • The starting date and expected duration of the leave; 
  • Whether the leave will be continuous or intermittent; 
  • The employer’s name and identification number; 
  • Evidence that notice was provided to the employer in advance of the application for benefits, including the date notice was provided to the employer; 
  • Any denied, granted, or pending requests for leave for a qualifying reason from the employer during the last 12 months; 
  • An attestation regarding the family relationship in the form specified by the Department if the leave involves an application for family leave benefits; and
  • A completed certification based on the type of leave in the form specific by the Department. 

Employees may be required to provide additional specific information requested by the Department where reasonably necessary to review and process an application for benefits including, but not limited to, whether the employee will be receiving any other wage replacement.  It is the employee’s responsibility to provide the Department with timely, complete, and sufficient information, certifications or other documents supporting the need for leave. 

Amendment or Extension of Leave Period and Paid Leave Benefits

If there is a change in relevant circumstances that would justify an extension, reduction, or other modification of the period of leave, the employee and MBL must notify the Department within seven (7) calendar days of said change using the forms required by the Department. For extensions, specifically, the employee must make a request for extension at least fourteen (14) calendar days prior to the expiration of the original approved leave.  The Department may consider late filed requests upon a showing of good cause by the employee.  The request for extension must include: 

  • the reason for the extension;
  • the requested duration of the extended leave;
  • the date on which the covered individual provided notice for the request for extension to the employer; and
  • a newly completed or updated health care certification supporting the need for leave.

Job Benefits & Protection

During PFMLA leave, the MBL will maintain health coverage under any employment-related health insurance on the same terms and conditions as if the employee had continued to work.   If Company-provided benefits are used as a substitute to the Department’s benefits, the Company will deduct the employee’s portion of any applicable health plan premium as a regular payroll deduction.  If the employee is not receiving any Company-benefits during the leave, the employee must make arrangements with Human Resources prior to taking leave to pay their portion of any applicable health insurance premiums each month.

Unless otherwise provided by applicable law, upon return from PFMLA leave, employees will be restored to their original or equivalent positions with equivalent status, pay, benefits, length-of-service credit and seniority as of the date of the leave. The use of PFMLA leave will not result in the loss of any employment benefits that accrued prior to the start of an employee’s leave.

Interaction with Other Leave Policies

Leave taken pursuant to PFMLA will run concurrently with leave taken under other applicable state and federal leave laws, including without limitation the Massachusetts Parental Leave Act and the federal Family and Medical Leave Act of 1993, when the leave is for a qualified reason under those laws. 

Right to an Appeal

An employee who is denied leave pursuant to the PFMLA may submit an appeal to the Department.  The appeal must be filed within ten (10) calendar days of receipt of the denial.  The deadline may be extended by the Department upon a showing of circumstances beyond the employee’s control.  In addition, the employee is required to provide a complete copy of the request for appeal to the Company.  Employees may request a hearing with the Department and a final decision will be issued by the Department affirming, modifying, or revoking the initial determination made by the Company. 

An employee aggrieved by the Department’s final decision may further appeal by filing a complaint in district court for the county in the Commonwealth where the individual resides or was last employed. The complaint must be filed within thirty (30) calendar days of the date the Department’s final decision is received by the individual. 

Questions and/or Complaints about PFMLA Leave

If you have questions regarding this PFMLA policy, please contact Human Resources.  For questions about determinations by the Department on leave eligibility, entitlement, and/or benefits, please contact the Department directly.  The MBL is committed to complying with the PFMLA and, whenever necessary, shall interpret and apply this policy in a manner consistent with the PFMLA. 

The PFMLA makes it unlawful for employers to retaliate, threaten to retaliate, or interfere with the exercise of any right provided under G.L. c. 175M.  In addition, employers may not retaliate or threaten to retaliate against any person who has filed a complaint, has caused a complaint to be filed, has or will participate or testify in proceeding relating to a violation of G.L. c. 175M, or has given or is about to give information connected to a proceeding relating to a violation of G.L. c. 175M.  If employees believe their PFMLA rights have been violated, they should contact Human Resources immediately.  The MBL will investigate any PFMLA complaints and take prompt and appropriate remedial action to address and/or remedy any PFMLA violation.  Employees also may file PFMLA complaints with the Department alleging PFMLA violations. 

Guidelines

Employees do not accrue sick leave, vacation, and personal holidays during an unpaid leave.

Employees on a leave are expected to be reasonably responsive to and to communicate with the Human Resources Department during the leave.

Before returning from a medical leave, the employee may be asked to provide the Human Resources Department a health care provider’s release to return to work indicating that he/she is able to perform the essential functions of the job with or without reasonable accommodation.

If an employee does not return to work when the leave ends and has not been approved for an additional leave of absence or other reasonable accommodation as required by law, employment will be terminated as of the last day of the approved leave of absence.

Policy clarifications and updates are available from the Human Resources office.

MBL reserves the right to amend this policy at any time.