My Wife is due really soon, Shes been at her job for about 8 months and wants to take maternity leave. Her HR is saying due to her not being employed for more than 12 months Shes only entitled to FMLA which means she'll be unpaid. What im questioning is on the MassGov website FMLA only applies to people who had been employed for ATLEAST 12 months which is the complete opposite what her HR said. I was wondering if Shes eligible for PFML a separate program which is covered by the state and not her employer. FYI her employer has a similar plan like PFML but doesnt qualify for it hence the 12 months thing what should we do ?

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CardiologistTimely39 t1_j6xcu0q wrote on February 2, 2023 at 3:49 PM

I don’t know this for sure but here’s my best guess based on some personal experience and quick google searches:

MA state law requires employer to allow Parental Leave which is unpaid and lasts minimum 8 weeks. Wife will be eligible if she’s worked there more than 3 months. She needs to notify HR at least 2 weeks prior to absence.
If her employer does not offer her paid maternity leave (which you’re saying is the case), she should apply for Paid Family Medical Leave (PFML). This is a state program that is different then FMLA (which is a federal program she probably is ineligible for since working less than 12 months).

If HR gives her a hard time about taking leave, you can post on r/legaladvice and you may get more help.

leeann0923 t1_j6xosld wrote on February 2, 2023 at 5:04 PM

That’s definitely incorrect. Is she living and working in Massachusetts? Did she have a job before this? You do not need to be employed at a particular employer for a over a year to qualify for PFML, but you do for FMLA (which is unpaid). I would call the office for PFML directly to talk to them. I had two coworkers who switched jobs, one 3 months before delivery and the other 5 months and they both were paid through PFML.

FPL712 t1_j6wu84l wrote on February 2, 2023 at 1:36 PM

Hi OP-

Funny, I’m going through this exact scenario now. I had a hip replacement and applied for FMLA, which was subsequently denied bc I am with my current employer less than a year (by a few days, lol). We use a third party to help with these benefits and they opened an ADA case for me, which I believe will have the same effect, basically holding my job. Inquire into that for the Fed aspect and definitely apply for the PFML. I’ve been told the Massachusetts portion is difficult to get approved but there’s no downside, imo.

Good luck.

FPL

Vegetable_System1750 t1_j6xvw44 wrote on February 2, 2023 at 5:47 PM

My HR told me the same thing last May, however, she explained it better to me and basically the employer will deny it because you haven’t been there 12 months. But the state will then approve your leave and the employer has to honor it.

Vegetable_System1750 t1_j6xwsss wrote on February 2, 2023 at 5:53 PM

You apply for the FMLA now (8 weeks paid leave) and then fill out the PFML (12 weeks paid bonding time) application right after the baby is born.

Sticky_Keyboard t1_j6zuiag wrote on February 3, 2023 at 1:31 AM

FMLA is unpaid

SangriaSipper t1_j6y0ffr wrote on February 2, 2023 at 6:15 PM

For your wife's company to opt out of MA PFML, they need to have an alternate option (insurance based or company paid) approved by the state. Since this could negatively affect new employees that would otherwise qualify for MA PFML, most alternate options should have a provision that includes newer employees. I had a new coworker that did this. The private insurance plan based her benefit amount on her prior income.

As long as your wife would have qualified for MA PFML, her company should be required to offer her something. She needs to go back to HR and ask for information on their family leave plan. She can also go directly to MA PFML and explain what's going on. Either her employer is doing something wrong and MA PFML needs to know or they are misguided.

To answer your title questions, you need to talk to your HR. You likely qualify for both if you've been working at that company for at least a year and pay into PFML.

NewtGingrichspenis t1_j73af8a wrote on February 3, 2023 at 7:34 PM

Appeal it!! I just went through the same issue a month ago. The initial denial was overturned.

Electrician_Logician t1_j755rvb wrote on February 4, 2023 at 3:37 AM

The whole PFML process is terrible. I just went through it after I was injured in a motorcycle accident this past September. I wasn’t paid for 12weeks (thankfully they backpaid). Finally back to work this month. Don’t rest until it’s figured out, I was calling nearly everyday. Good luck!