Massachusetts Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

1. How does FMLA work in Massachusetts?

Federal FMLA provides eligible employees at covered Massachusetts employers up to 12 weeks of unpaid, job-protected leave per year (26 weeks for military caregiver leave). Eligible employees must have worked for the employer for at least 12 months and at least 1,250 hours in the preceding year, and the employer must have 50 or more employees within 75 miles. MA PFML runs concurrently with FMLA for employees who qualify for both, providing wage replacement of up to $1,230.39 per week (2026) while FMLA provides the federal job protection framework. Source: https://www.mass.gov/info-details/how-pfml-is-different-than-fmla

2. How long is maternity leave in Massachusetts?

Eligible employees may combine MA PFML medical leave (up to 20 weeks, paid) for pregnancy and recovery with PFML family bonding leave (up to 12 weeks, paid) for a combined maximum of 26 weeks of paid leave per benefit year. Federal FMLA (12 weeks, unpaid) runs concurrently for eligible employees. The transition from medical leave to bonding leave within a single benefit year is permitted by DFML. Source: https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

3. Is maternity leave paid or unpaid in Massachusetts?

Massachusetts maternity leave is paid through MA PFML for eligible employees, providing wage replacement up to $1,230.39 per week (2026 maximum). Federal FMLA, which runs at the same time, is unpaid. Employees not eligible for MA PFML rely on employer-provided short-term disability, accrued PTO, or unpaid FMLA leave. Source: https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

4. Who is eligible for FMLA in Massachusetts?

Employees who have worked for a covered employer (50+ employees within 75 miles) for at least 12 months and logged at least 1,250 hours in the preceding 12-month period are eligible for federal FMLA. All public employers in Massachusetts, regardless of size, are covered. Source: https://www.dol.gov/agencies/whd/fmla

5. Is FMLA leave paid in Massachusetts?

FMLA itself is unpaid leave. For employees who are also eligible for MA PFML, the two programs run concurrently, with MA PFML providing wage replacement (up to $1,230.39 per week in 2026) during the overlapping leave period. Source: https://www.mass.gov/info-details/how-pfml-is-different-than-fmla

6. Does Massachusetts have paid sick leave?

Yes. Massachusetts requires employers with 11 or more employees to provide up to 40 hours of paid earned sick time per year under M.G.L. c.149, §148C. Employees accrue 1 hour for every 30 hours worked; leave may be used starting on the 90th day of employment. Employers with fewer than 11 employees must provide up to 40 hours of unpaid earned sick time. Source: https://www.mass.gov/info-details/earned-sick-time

7. Does Massachusetts have paid family leave?

Yes. Massachusetts operates the MA PFML program, which provides eligible employees up to 12 weeks of paid family leave per benefit year for bonding with a new child or caring for a seriously ill family member, and up to 20 weeks of paid medical leave for the employee’s own serious health condition. The 2026 maximum weekly benefit is $1,230.39. Source: https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

8. How many sick days are required in Massachusetts?

Massachusetts law requires up to 40 hours (approximately five days based on a standard workweek) of earned sick time per year. Paid sick time is required for employers with 11 or more employees; employers with fewer than 11 employees must provide 40 hours of unpaid sick time. Source: https://www.mass.gov/info-details/earned-sick-time

9. Does FMLA apply to small businesses in Massachusetts?

Federal FMLA applies only to private employers with 50 or more employees within a 75-mile radius. Employers with fewer than 50 employees are not covered by FMLA. However, MA PFML applies to employers with one or more employees in Massachusetts — no minimum employer size — providing wage replacement and job protection for eligible employees of small businesses. Source: https://www.dol.gov/agencies/whd/fmla · https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

10. How long is paternity leave in Massachusetts?

Non-birthing parents — including fathers, same-sex partners, and adoptive parents — are entitled to up to 12 weeks of paid MA PFML family bonding leave during the first 12 months after the child’s birth, adoption, or placement. Federal FMLA also provides 12 weeks of unpaid bonding leave for eligible employees. Both parents may take bonding leave, but not simultaneously through the same employer. Source: https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

11. Can an employer deny paid sick leave in Massachusetts?

An employer with 11 or more employees may not deny accrued paid sick time to an eligible employee who requests it for a qualifying reason under M.G.L. c.149, §148C. Denial or retaliation for using sick time is unlawful. Complaints may be filed with the AG Fair Labor Division at (617) 727-3465 or at https://www.mass.gov/how-to/file-a-wage-complaint. Source: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148c

12. Is paid sick leave available to part-time employees in Massachusetts?

Yes. The Massachusetts Earned Sick Time Law covers full-time, part-time, temporary, per-diem, and seasonal employees whose primary place of work is Massachusetts. Accrual is based on hours worked (1 hour per 30 hours worked), so accrual amounts will be proportionally lower for employees who work fewer hours. Source: https://www.mass.gov/info-details/earned-sick-time

13. Can paid sick leave be used for a family member’s illness in Massachusetts?

Yes. Earned sick time may be used to care for a child, spouse, parent, or spouse’s parent with an illness, injury, or health condition, or who needs medical diagnosis, care, treatment, or preventive care. Source: https://www.mass.gov/info-details/earned-sick-time

14. What happens to unused sick leave if an employee leaves their job in Massachusetts?

Accrued unused sick time is not required to be paid out upon separation from employment. The Massachusetts Supreme Judicial Court confirmed in Mui v. Massachusetts Port Authority, 478 Mass. 710 (2018), that accrued sick time does not constitute “wages” under the Wage Act and need not be paid at termination. Source: https://www.mass.gov/info-details/massachusetts-law-about-sick-leave

15. Is there a waiting period before using paid sick leave in Massachusetts?

Yes. Employees begin accruing earned sick time from their first day of work but may not use accrued sick time until their 90th calendar day of employment. After the 90-day period, sick time may be used as it accrues. Source: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148c

16. How much does Massachusetts paid family leave pay?

MA PFML replaces 80% of the portion of the employee’s average weekly wage that is at or below 50% of the State Average Weekly Wage ($1,922.48 for 2026), plus 50% of any wages above that threshold, up to the maximum weekly benefit of $1,230.39 for 2026. Source: https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

17. How long is paid family leave in Massachusetts?

MA PFML provides up to 12 weeks of paid family leave per benefit year for bonding with a new child or caring for a seriously ill family member, and up to 20 weeks for the employee’s own serious health condition. The combined maximum across both types is 26 weeks per benefit year. Source: https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

18. Who pays for Massachusetts paid family leave — the employer or employee?

Contributions are shared between employers and employees based on employer size. For employers with 25 or more covered individuals, the total contribution rate is 0.88% of eligible wages: employees contribute 0.46% (0.28% medical + 0.18% family) and employers contribute 0.42% (the medical leave share only). For employers with fewer than 25 covered individuals, the employee pays the full 0.46%; no employer contribution is required. Source: DFML — https://www.mass.gov/info-details/wage-contributions-reporting-for-paid-family-and-medical-leave

19. Can Massachusetts paid family leave and FMLA be taken at the same time?

Yes. MA PFML and FMLA run concurrently for employees who qualify for both. Taking them concurrently means both entitlements are used simultaneously, not consecutively. Employees who qualify only for MA PFML (e.g., at an employer with fewer than 50 employees) exhaust only their PFML entitlement. Source: https://www.mass.gov/info-details/how-pfml-is-different-than-fmla

20. Is the job protected during Massachusetts paid family leave?

Yes. MA PFML provides job protection: covered employees are entitled to return to the same position or an equivalent position with the same pay, benefits, and seniority upon return from leave. Any adverse employment action during PFML leave or within six months of the leave’s conclusion is presumed to be unlawful retaliation. Source: https://www.mass.gov/info-details/notices-appeals-and-employee-protections-under-paid-family-and-medical-leave-pfml

21. What is the Massachusetts PFML contribution rate for 2026?

The total contribution rate is 0.88% of eligible wages for employers with 25 or more covered individuals (unchanged from 2024 and 2025). For employers with fewer than 25 covered individuals, the rate is 0.46% of eligible wages, paid entirely by the employee. Contributions are capped at the Social Security wage base ($184,500 for 2026). Source: DFML — https://www.mass.gov/info-details/wage-contributions-reporting-for-paid-family-and-medical-leave

22. How do I apply for Massachusetts paid family leave?

Applications are submitted online at https://paidleave.mass.gov or by phone at (833) 344-7365 (Monday–Friday, 8 a.m.–4:30 p.m.). Employees must notify their employer at least 30 days before the leave start date (or as soon as practicable for unforeseeable leave) before submitting an application. If an employer has an approved private PFML plan, applications go to the employer’s plan administrator, not DFML. Source: https://www.mass.gov/how-to/how-to-apply-for-paid-family-and-medical-leave-pfml

23. Can Massachusetts paid family leave be taken intermittently?

Yes. MA PFML may be taken as continuous leave, reduced-schedule leave, or intermittent leave, depending on the qualifying reason and healthcare provider certification. Intermittent leave has the same 7-day waiting period — 7 consecutive calendar days after the first reported absence. Source: DFML — https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

24. How long is maternity leave for fathers in Massachusetts?

Non-birthing parents, including fathers, are entitled to up to 12 weeks of paid MA PFML family bonding leave during the first 12 months after the child’s birth, adoption, or placement, at the same wage replacement rate (up to $1,230.39/week for 2026). Federal FMLA (12 weeks, unpaid) also applies for eligible employees. Source: https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits

25. Can an employer require employees to use PTO before Massachusetts PFML?

No. Employers cannot require employees to exhaust accrued vacation, sick time, or other PTO before or during MA PFML leave. Employees may voluntarily elect to supplement their PFML benefit with accrued PTO up to their Individual Average Weekly Wage if the employer’s policy permits, but this option must be employee-initiated. Source: DFML FAQ — https://www.mass.gov/info-details/pfml-frequently-asked-questions-for-employees