anybody know exact paternity leave law in Massachusetts? finding conflicting info

Submitted by NinthLifeLastChance t3_yeeu5y in massachusetts

Anybody know the exact paternity leave laws in Massachusetts? Finding conflicting info

I have been looking online, and I am finding Massachusetts government pages with conflicting information on how long my leave from work can be. I am seeing 8 weeks, I am seeing 12 weeks, I am seeing various things mentioning paid versus unpaid.

Has anybody had to deal with this in Massachusetts before and happened to know the exact current standing for paternity leave?

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Lightbright12 t1_itxnp2p wrote

You have to look at your pay stubs to see if you get PFML taken out of your paycheck. If so, then you are entitled to 12 weeks of bonding leave with some pay from the state.

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Chippopotanuse t1_itzd0sa wrote

You are “entitled” to 12 weeks.

However, I think MA is still an “at will” employment state…and I personally know a lot of new dads who got laid off shortly after they came back from leave.

“Oh but that’s illegal! Employers can’t do that!”

Except they do.

They will offer a severance package that comes with a non-disparagement/confidentially/waiver clause….and so these dads are forced to choose between 3-6 months pay and keeping their resume intact, or trying to sue a huge employer, spending tens of thousands on a lawsuit that has low odds of success because the employer will smear the hell out of them with “he was a poor performer” claims. Then - win or lose - the dad gets to enjoy having a “litigious reputation” follow him around when he looks for new jobs. (Similar to being a whistleblower. Prepare for career suicide).

TLDR: check the pulse of your employer before taking 12-weeks of leave. Some are very accommodating. Some less so. It sucks that all employers aren’t required to truly respect family leave.

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SmartSherbet t1_itzz1gk wrote

Take these stories to the press. Employers who do this deserve to be outed.

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SleepingJonolith t1_ityn865 wrote

Note too that there are exceptions for certain public workers. For example, teachers, police, fire, and other municipal workers don’t get it. So if you work for an exempt employer you won’t have had the money taken out of your paychecks, but you won’t be eligible for the paid leave. You can still take unpaid leave though.

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commonpuffin t1_itxrqg4 wrote

This is the official website and also where you apply.

https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

If you have an HR department they need to be your first stop, they should help you with the paperwork, there will probably be both corporate paperwork and state paperwork.

That said, most people can take up to 12 weeks paid. It has to be used within 12 months of the triggering event (birth, adoption) but can be taken in several chunks.

The way it works is you submit the paperwork and then the state sends you checks for a percentage of your salary. Your employer doesn't pay you and in fact you may need to pay them to cover your insurance premiums. You also are protected from losing your job, similar to federal family medical leave.

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NinthLifeLastChance OP t1_itxu72w wrote

I'm curious about the "I may need to pay my employer" part. Could you elaborate on that?

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commonpuffin t1_itxuo9z wrote

For me, I wrote HR a check to cover the healthcare premiums that would have been deducted from my paycheck. It's the same thing that happens during unpaid leave. The way PFML is structured, from your employers perspective, it is unpaid leave, you just get payroll replacement checks from the state.

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NinthLifeLastChance OP t1_itynrqo wrote

Ooo, question then: If I don't receive my health insurance through my employer (I'm on my wife's plan), do I not have to pay anything?

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commonpuffin t1_itz75ri wrote

You wouldn't need to pay health insurance premiums, correct.

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Responsible-Listen12 t1_itxooye wrote

The birth of the baby gives you 6-8 weeks of medical leave. You are then entitled to 12 weeks of baby bonding time through PFML.

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commonpuffin t1_itxswx6 wrote

You can only take medical leave for your own condition, so unless you're the one pregnant it doesn't apply to parental leave, only the 12 weeks family leave.

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Extension-Quail4642 t1_ityq6ge wrote

If you're married, spouse's major medical qualifies you for relative's major medical. But it would take you beyond the 12 weeks that FMLA protects your job.

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ElVichoPerro t1_itzjret wrote

Incorrect. I am currently on week 9 of my paternity leave. I was not the one who gave birth.

Edit: looks like I’m wrong. PFML & Medical leave are different apparently

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mynameisnoteliza t1_ity3stw wrote

12 weeks at any time during the first year. Adoption and foster care count too.

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ashpat157 t1_iu1miog wrote

Just want to confirm - if you are the birthing parent you could end up with 18-20 weeks of time off if you choose to, right? I am just hearing this now and realizing I did not receive accurate info. I just returned to work and my employer told me I get 12 weeks max and that's including my recovery from a c-section. I pay into FMLA.

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wolf95oct0ber t1_itywwhp wrote

I’m curious which pages you are finding with conflicting info. Mind sharing the links you looked at?

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