One University Avenue, Suite 300B, Westwood, MA 02090 | 617.862.2005
Valerio Dominello & Hillman, LLC
  • Welcome
  • Our Team
      • Elizabeth Valerio
      • Nicholas Dominello
      • Robert Hillman
      • Thomas Costello
      • John Foskett
      • Jennifer King
      • Amani Kmeid
      • Eric McKenna
      • Matthew Milward
      • Ann Marie Noonan
  • Practice Areas
      • School Law
      • Labor Law
      • Employment Law
      • Higher Education
      • Litigation
      • Appellate Law
  • News
  • Contact Us
  • Menu Menu

Basics of the New Massachusetts Paid Family and Medical Leave Law

Posted: July 13, 2018/in News /by Heather McCarthy

The following is a summary of several key provisions of the new paid family and medical leave law. It is not intended to cover all aspects of the new law. This law is mandatory for all private sector employers effective January 1, 2019. Because it is a local option statute, public employers will not be subject to the law unless and until accepted by vote of the local legislative or governing body. Please note that certain provisions of the law go into effect on January 1, 2019, while other provisions go into effect on later dates through 2021. We will continue to publish updates on this topic once regulations are promulgated and as the various provisions of the law go into effect.

What the law does

Chapter 121 of the Acts of 2018 (“the law”) establishes a paid family and medical leave program in Massachusetts. Beginning January 1, 2021, Massachusetts employees will be able to take paid medical leave for their own serious health condition as well as paid family leave to bond with their child during the first 12 months after the child’s birth (or placement through the adoption/foster care process). Beginning July 1, 2021, employees will be able to take paid family leave to care for a family member with a serious health condition. The law also provides paid family and medical leave for employees who are in the armed forces or who have family members in the armed forces.

Employees will be entitled to take up to 12 weeks of paid family leave in a year and up to 20 weeks of paid medical leave in a year; however, the total amount of leave an employee may take in any given year (for family and medical leave combined) will be limited to 26 weeks. While on leave, employees will be paid a “weekly benefit amount” determined by the new Department of Family and Medical Leave.

Who the law affects

Like the 2015 earned sick time law, the new family and medical leave law is a local option statute. It automatically applies to all private employers in Massachusetts, but it will not apply to any municipality, district, political subdivision, or instrumentality of the commonwealth unless adopted by vote of the local legislative or governing body.

Public employers in municipalities that do not accept the law will continue to be subject to the provisions of the federal Family and Medical Leave Act (“FMLA”) and any existing medical/family/disability leave policies and collectively bargained agreements.

How the law works

The law establishes a new Department of Family and Medical Leave (“the department”). Beginning July 1, 2019, the department will begin to collect contributions from employees and employers with 25 or more employees. The Director of the department will set the contribution rate annually and contributions will be placed in the new “Family and Employment Security Trust Fund.” The Fund will be administered by the treasurer and receiver general.

In January 2021, when the leave entitlements begin to take effect, the department will be responsible for administering leave payments through a claims system.

The law requires employees to provide employers with at least 30 days’ notice of the anticipated start date of the leave, the expected duration of the leave, and the expected return-to-work date. While the department will handle the claims process, employers will be responsible for supplying information to the department such as information regarding an employee’s wages, earnings, and other employment information. Employers will face potential financial liability for failure to timely supply such information to the department.

Upon their return from leave, employees must be restored to the same status, pay, benefits, and seniority that they had when the leave began. The law prohibits retaliation by an employer against an employee for exercising their rights under the law. There will be a presumption of retaliation if an employer takes any adverse action against an employee during the employee’s leave or within six months after an employee returns from leave. The law also establishes a private right of action for violations of the law with a three-year statute of limitations. Employers found to have violated the law may be liable for treble damages for lost wages, benefits, and other remuneration, plus interest and attorneys’ fees.

Rolling Implementation

Even though many of the key provisions of the law do not go into effect until 2021, some provisions – such as the law’s posting and notice requirements – take effect on January 1, 2019.

Beginning January 1, 2019, employers will be required to post information about the law in a conspicuous place at each of the employer’s locations. Employers will also have 30 days to provide existing and new employees with written information about the law and obtain each employee’s written acknowledgment of receipt or refusal. Failure to adhere to the posting and notice requirements will subject employers to a fine of $50 per employee for the first violation and $300 per employee for each subsequent violation.

Additional aspects of the law take effect between 2019 and 2021. We will continue to post updates and reminders to our clients as these additional changes draw closer.

Interaction with Other Leaves

Massachusetts family and medical leave can run concurrently with parental leave and FMLA. Employers will not be permitted to require employees to exhaust their sick, vacation, or personal time prior to or while taking leave. If an employee’s collective bargaining agreement provides for greater payment than the statute, the employer will be required to pay the higher amount, although the time spent out on leave will still count against the statutory leave entitlement.

This update is provided for informational purposes only and should not be considered legal advice.

Share this entry
  • Share on X
  • Share on LinkedIn
  • Share by Mail
https://vdhboston.com/wp-content/uploads/2018/03/VDH-Boston-Logo-white.png 0 0 Heather McCarthy https://vdhboston.com/wp-content/uploads/2018/03/VDH-Boston-Logo-white.png Heather McCarthy2018-07-13 13:15:572018-07-13 13:17:39Basics of the New Massachusetts Paid Family and Medical Leave Law

Search News

Search Search

Recent News

  • Massachusetts District Court Grants Preliminary Injunction Allowing LGBTQ+ Curriculum Opt-OutFebruary 23, 2026
  • Supreme Judicial Court Issues Decision Which Clarifies Important Rules Governing Whistleblower Act Retaliation Claims By Public EmployeesJanuary 30, 2026
  • Appeals Court Clarifies Military Service Leave for Public EmployeesNovember 24, 2025
  • Three VDH Attorneys Named 2025 Massachusetts Super Lawyers and Rising StarsOctober 17, 2025
  • Jen King to Present at 2025 Massachusetts Association of School Business Officials (“MASBO”) Professional Development ProgramOctober 8, 2025
Copyright © 2026 - Valerio Dominello & Hillman, LLC - website by Cold Spring | Privacy Policy | Terms of Service | Disclaimer
Scroll to top Scroll to top Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

OKLearn more

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only