Massachusetts employers often confuse PFML and FMLA — and it’s easy to see why. Both cover time off for family and medical reasons. But they’re separate laws, administered by different agencies, and they work in fundamentally different ways.
The Short Version
| FMLA | MA PFML | |
|---|---|---|
| Who administers | U.S. Dept. of Labor | MA Dept. of Family & Medical Leave |
| What it provides | Unpaid job-protected leave | Paid leave (wage replacement) |
| Who’s covered | Employers with 50+ employees | Most MA employers |
| Employee eligibility | 12 months + 1,250 hours | $5,700 earned in prior year |
| Max leave | 12 weeks (most reasons) | Up to 26 weeks combined |
| Funded by | N/A (unpaid) | Payroll contributions |
FMLA: Federal Law, Unpaid
The Family and Medical Leave Act (federal) entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for:
- Birth, adoption, or foster placement of a child
- Serious health condition of the employee
- Caring for a spouse, child, or parent with a serious health condition
- Qualifying military exigency
Employer threshold: FMLA only applies if you have 50 or more employees within 75 miles of the worksite. If you have fewer than 50, FMLA doesn’t apply to you.
Employee threshold: The employee must have worked for you for at least 12 months AND logged at least 1,250 hours in the past 12 months.
The key word: unpaid. FMLA protects the employee’s job, but they receive no wage replacement from the government.
MA PFML: State Law, Paid
Massachusetts Paid Family and Medical Leave (state law) provides wage replacement — employees receive a percentage of their average weekly wage while on leave, funded through payroll contributions.
Employer threshold: Applies to virtually all Massachusetts employers, including those with fewer than 50 employees. (Small employers are exempt from the employer share of contributions but must still collect and remit the employee share.)
Benefit amount: Up to 80% of the employee’s average weekly wage, capped at 64% of the state average weekly wage (~$1,144/week in 2025).
Leave types and duration:
- Medical leave (own serious health condition): up to 20 weeks
- Family leave (bond with new child, care for family member): up to 12 weeks
- Military-related family leave: up to 26 weeks
- Combined maximum: 26 weeks in a benefit year
How They Interact
When an employee qualifies for both, the leaves run concurrently — meaning they count against both FMLA and PFML at the same time, not sequentially.
Example: An employee takes 10 weeks off after having a baby. If they’re eligible for both:
- FMLA: 10 of their 12 annual weeks are used
- PFML: 10 of their 12 family leave weeks are used
- They are not entitled to 10 + 10 = 20 weeks
The employer must notify the employee that the leave qualifies under both laws (if applicable) so the leaves run simultaneously.
Job Protection
Both laws protect the employee’s job. Under FMLA, the employer must restore the employee to the same or equivalent position. MA PFML provides similar job restoration rights.
However, FMLA job protection requires 50+ employees while PFML job protection applies to employers with fewer than 50 employees too — provided the employee meets the eligibility threshold.
Notice and Documentation
FMLA: Employers with 50+ employees must post the FMLA notice and provide it to employees upon request or when leave is foreseeable.
PFML: All Massachusetts employers must post the PFML notice and provide written notice to new employees within 30 days of hire (see our New Hire Checklist).
Employees must give at least 30 days notice for foreseeable leave under both laws when possible.
Private Plan Exemption (PFML only)
Employers can apply to the MA DFML for an exemption from state PFML contributions if they offer a private paid leave plan that is at least as generous. FMLA has no equivalent exemption — if you have 50+ employees, FMLA applies regardless of your private leave policy.
Common Employer Mistakes
- Assuming FMLA covers everyone. If you have fewer than 50 employees, FMLA doesn’t apply — but PFML still does.
- Running the leaves sequentially. They run concurrently when both apply.
- Forgetting to post the PFML notice. Required even for very small employers.
- Confusing “paid” with “employer-paid.” PFML benefits are paid by the state fund from payroll contributions — not directly by the employer.
The OtterDesk payroll calculator automatically calculates PFML contributions for Massachusetts employees. For FMLA compliance guidance, consult an employment attorney or the MA DFML.