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Staff Access
Basic Needs
Employment & Unemployment
I. Employment
- Career Services
- Career Services- Select Populations
- African Immigrants -The African Bridge Network - MGH Community News, October 2015
- Ex-Offenders/those involved with the Criminal Justice System
- Boston (inlcudes those at risk) - Operation Exit, MGH Community News, June 2015
- St. Francis House Moving Ahead Program - 14-week job- and life-skills training program for individuals who have experienced homelessness, addiction, mental illness, and/or histories of incarceration.
- Also see below:
Workforce Training
- Job Corps- free education and vocational training program administered by the U.S. Department of Labor that helps young people ages 16-24 get jobs and become independent.
- Youth Options Unlimited (YOU Boston) - helps young people with work readiness. Assists young people ages 16-24 that are court-involved, or gang affiliated, reentering the community from incarceration, or seeking a refuge from poverty or violence. While most participants live in Boston, individuals from the surrounding area can also be considered
- Career Pathways is a partnership with local job training providers to help provide participants with experiences to acquire job skills for successful careers.
- Summer Youth Employment is a program that takes place in July and August and places participants in paid, supervised work opportunities.
- Transitional Employment is a tiered program that allows participants to grow towards increasing levels of productivity and reward.
- Pre-Placement (Level 1) is a two-week, paid job readiness training program. Participants work for 6 paid hours each week.
- Bridge Team (Level 2) provides a group work experience where participants work together on a collaborative project. Participants work 12-16 paid hours per week.
- Individuals Placement (Level 3) is a paid internship opportunity with a potential employer. Participants work 25 paid hours per week.
- TAFDC recipients- learn more about the Employment Services Program (ESP) on our TAFDC Details page
- Morgan Memorial Goodwill Industries
- First Step Employment Initiative - job training programs, support services and placement and post-placement services for individuals with barriers to employment. Services are accessible for individuals with disabilities, and are focused on placing them on a path to employment and independence. Provided by Morgan Memorial Goodwill Industries.
- Human Services Employment Ladder Program (HELP) - eight week Human Services training program provided by Morgan Memorial Goodwill Industries.
- MGB Career and Workforce Development
- Also see below: Employment Access for those with Disabilities
- Trends: State Job Training Programs Declining in Massachusetts- MGH Community News, June 2014
- The Family and Medical Leave Act (FMLA) & Related State Laws
- The FMLA entitles eligible employees of covered employers to take unpaid (for paid leave, see MA Paid Family Leave), job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
- Eligibility
- A Covered Employer is a
- Private-sector employer with 50 or more employees OR
- Public agency regardless of number of employees OR
- Public or private elementary or secondary school regardless of number of employees
- An Eligible Employee is one who
- Works for a covered employer (see above)
- Has worked for the employer for at least 12 months (does not have to be consecutive)
- Has at least 1,250 hours of service for that employer within the last 12 months- average of about 24 hours/week (special rules apply to airline flight crews)
- Works at a location where the employer has at least 50 employees within 75 miles
- You may take FMLA leave to care for your spouse, child or parent who has a serious health condition, or when you are unable to work because of your own serious health condition.
- Parent - means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. This term does not include parents-in-law.
- Son or Daughter or child - means a biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.
- Spouse means a husband or wife as defined or recognized in the state where the individual was married and includes individuals in a common law marriage or same-sex marriage.
- In Loco Parentis - a person stands in loco parentis if that person provides day-to-day care or financial support for a child or someone age 18 or older who is “incapable of self-care because of a mental or physical disability”
- Employees with no biological or legal relationship to a child can stand in loco parentis to that child (or adult who is "“incapable of self-care because of a mental or physical disability”), and are entitled to FMLA leave (for example, an uncle who cares for his sister’s children while she serves on active military duty, or a person who is co-parenting a child with his or her same-sex partner).
- Also, an eligible employee is entitled to FMLA leave to care for a person who stood in loco parentis to that employee when the employee was a child.
- Siblings might for example be able to take FMLA under this category if they meet the in loco parentis criteria - learn more.
- Eligible employees are entitled to:
- Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;”
OR
- Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
- MA Earned Sick Time Law
- Most workers in Massachusetts have the right to earn and use up to 40 hours of job-protected sick time per year to take care of themselves and certain family members. Workers must earn at least one hour of earned sick leave for every 30 hours worked. Employers with 11 or more employees must provide paid sick time. Employers with fewer than 11 employees must provide earned sick time, but it does not need to be paid. Workers may use earned sick time if they are ill or injured or have a routine medical appointment. They can also use earned sick time for their child, spouse, parent, or spouse's parent for the same purposes. In addition, workers may use earned sick time to deal with domestic violence involving themselves or their children. As of November 21, 2024, workers may use earned sick time to care for themselves or their spouse in the event of pregnancy loss or failed assisted reproduction, adoption, or surrogacy. Learn more and at Do you qualify?
MA Paid Family and Medical Leave (PFML) (Became effective January 1, 2021)
Massachusetts now provides eligible workers with a new kind of paid benefit - one especially supportive of new parents and caregivers.
Patient Handouts from the CRC
- Paid Family and Medical Leave Act (PFML) - MA program: Brief and Detailed handouts (rev 1/25)
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Overviews and More Information:
See the state PFML fact sheet and PFML Information for Employees One Pager, PFML Leave to Care for a Family Member, PFML New and Expectant Parents Overview (see website for Spanish and Portuguese translations of each)
New! MA PFML Advocacy Guide - Mass Law Reform Institute
Contacts
- MA Department of Family and Medical Leave (DFML) (833) 344-7365
- Questions about employer exemptions or contributions, or after calling above may be directed to MassTaxConnect, DOR (Department of Revenue) call (617) 466-3950 to speak to a PFML representative.
Other States:
- Connecticut - Connecticut Paid Leave and FAQs
- New Hampshire - Granite State Paid Family Medical Leave through MetLife
- Launched on January 1, 2023.
- Available for state, public or private employees. If employer does not participate in program, individuals may opt in
- New York - Paid Family Leave and Short-term Disability
- Rhode Island - Temporary Disability Insurance (TDI)/Temporary Caregivers Insurance (TCI) and FAQs
- Vermont - rolling out Family and Medical Leave Insurance (FMLI) in 3 phases:
- Phase I of the program was implemented for Vermont State employees in July 2023.
- Phase II began on February 15, 2024. Employers with two or more employees have the opportunity (i.e., voluntary/opt-in) to design a plan to fit the needs of their employees and business, with benefits beginning on July 1, 2024. Ask your employer if they participate.
- Phase III FMLI benefits will be made available for individual workers in the state of Vermont who do not have access to them through their employer, self-employed individuals and employers with fewer than two employees, to purchase in 2025 with benefits beginning on July 1, 2025.
- Source and for more information: https://governor.vermont.gov/vtfmli
- Maine - enrollment is rolling out through April 2025. Paid Family and Medical Leave. Benefits will be accessible starting May 2026.
MA PFML Overview
PFML Leave Types and Maximum Lengths
The PFML benefit was created by state law and is broader than federal FMLA (Family & Medical Leave Act) protections. Eligible workers in the Commonwealth may be entitled to the following:
- Up to 20 weeks of paid leave for an employee's own serious health condition;
- Up to 12 weeks of paid leave for the birth, adoption, or foster care placement of a child; and
- Up to 12 weeks of paid leave to care for a family member with a serious health condition.
- Up to 26 weeks of paid leave to care for a family member in the armed services who has a serious health condition.
Some leaves may be taken in combination, with maximum of 26 weeks total in a benefit year. Example: a birth parent may take a medical leave to recover from childbirth followed by additional bonding leave.
PFML Job Protections
Certain job protections start as soon as you tell your employer that you are planning on taking a leave of absence that is protected under the PFML law.
Retaliation - your employer can’t punish you because you took or applied for PFML. This includes things like:
- Firing you
- Disciplining you
- Suspending you
- Asking you to resign
- Demoting you
- Threatening you
- Discriminating against you
An employee or former employee who is retaliated against or discriminated against for exercising their rights under the PFML law may institute a civil lawsuit against their employer in a Massachusetts Superior Court.
Any negative change in your job that occurs during your leave or 6 months following your leave is presumed to be unlawful retaliation.
Even if you're covered by a private plan offered through your employer, you'll still have the same anti-retaliation and other protections under the PFML law.
Health Insurance During Leave- If you get health insurance benefits through your employer, they will have to continue to maintain your health insurance benefits and pay whatever portion of the cost they usually cover while you are on leave, the same way that they would if you weren’t on leave. If you usually pay a portion of your health insurance then you may be required to continue to do that during your leave.
Returning to the Same or an Equivalent Job - When you return to work at the end of your approved family or medical leave, your employer must restore you to the same position or to an equivalent position with the same status, pay, employment benefits, length-of-service credit and seniority as of when the leave began. One exception is that if your coworkers with similar experience and status were laid off during your leave due to economic conditions or other changes, then your employer doesn’t have to restore you to your same job or to an equivalent job. Another exception is if your job was for a specific term or project which has ended and you would not have otherwise continued to be employed by that employer.
More on job protections - employer responsibilities and employee rights.
Note: Workers are not required to return to work at the end of a leave.* Employers cannot penalize workers in any way for failing to return to work. (This contrasts with FMLA, where a worker may be required to re-pay all employer-paid health insurance costs from during the leave if the worker chooses not to return at the end of the leave). (Source: MA PFML Advocacy Guide - Mass Law Reform Institute, 2025)
- *Clarification: this means that one isn't required to pay back benefits or insurance costs if ultimately one does not return to work. It does NOT mean that the employer must protect the job beyond the length of the leave as requested by the health care provider. If one needs extended leave, and there is still protected leave time available under the type of leave they are utilizing, they can ask for an extension of the leave to continue to receive benefits and protect the job up to that maximum. See how to request an extension.
Eligibility
- Earnings Requirements/financial eligibility: Covered individuals must also meet an earnings requirement to be eligible for benefits. Before applying for benefits, you must have earned at least:
- $6,000 during the last 4 completed calendar quarters (in 2023), and
- At least 30 times more than how much you would be eligible to get each week from your Paid Family Medical Leave benefits
Special circumstances:
- Former employees who have been unemployed for 26 weeks or fewer may qualify
- Those new to a job, but with previous job history, or those with multiple employers may qualify
- Financial eligibility is determined using all wages during an individual's base period, even if they have had multiple jobs or worked for more than one employer. If one has had more than one job and are approved for benefits, however, the benefit amount will be based on the wages received from the employer or employers from whom they are taking leave. (Source: https://www.mass.gov/info-details/your-eligibility-for-paid-family-and-medical-leave-pfml, see earnings requirement section.)
- Eligible Employment - one must work for have status as an eligible employee, and NOT in excluded work.
- There are no immigration checks for PFML. As long as the worker has deductions from her paystub, they can apply for and receive benefits. See M.G.L. c. 6A, § 16C. (If you run into difficulties, contact our office. For questions about the procedure, contact our office.) (Source: MA PFML Advocacy Guide - Mass Law Reform Institute, 2025)
Eligible types of leave
PFML leave may be taken to:
For the purposes of PFML, *a family member is defined as one’s:
- spouse or domestic partner
- children (biological, adopted, foster, through legal guardianship or loco parentis, and/or step-children)
- parents (biological, adopted, foster, through legal guardianship or loco parentis, and/or step-parents)
- spouse’s or domestic partner’s parents
- grandchildren (biological, adopted, foster, through legal guardianship or loco parentis, and/or step-grandchildren)
- grandparents (biological, adopted, foster, through legal guardianship or loco parentis, and/or step-grandparents)
- siblings (biological and/or adopted)
Unfortunately, it appears that providing care to other close family such as aunts/uncles and nieces/nephews does not qualify for PFML.
The family member does NOT need to live in Massachusetts.
Who’s Covered under PFML (eligible employment)?
PFML is available to covered individuals who work in Massachusetts. Covered individuals include:
- W-2 workers who work in Massachusetts, whether they are full-time, part-time, or seasonal
- Self-employed individuals who opt-in
- We've been informed by DFML that self-employed individuals can opt-in at any time and qualify for immediate benefits – must pay for previous 2 quarters, AND stay in program for 3 years after joining. This applies to those who exclusively drive for ride share companies (e.g., Uber, Lyft). (Note: DFML also stated that Mass residents can drive anywhere in NE and still receive PFML as long as they are paying taxes in MA.)
- To opt-in, contact DOR contact MassTaxConnect (617) 466-3950, or see How To Opt In
- 1099-MISC workers who work in Massachusetts, do not qualify as independent contractors, and who make up more than 50% of their employer's workforce
- MA state employees
- USPS employees
Is your situation unclear? Ask your employer.
PFML Exclusions (types of work):
- Federal employees
- MA STATE employees ARE in qualified work
- USPS is a "quasi-federal" agency, their employees are NOT federal employees, so they may qualify, per DFML
- Services performed for a son, daughter, or spouse
- If under 18, services performed for one’s father or mother
- Services performed by inmates of penal institutions
- Independent contractors as defined by this three-part test
- We've been informed by DFML that self-employed individuals can opt-in at any time and qualify for immediate benefits – must pay for previous 2 quarters, AND stay in program for 3 years after joining.
This applies to those who exclusively drive for ride share companies (e.g., Uber, Lyft). (Note: DFML also stated that Mass residents can drive anywhere in NE and still receive PFML as long as they are paying taxes in MA.)
- Employment in the railroad industry
- Services provided by real estate brokers/salespeople and insurance agents/solicitors in commission only jobs
- Newspaper sales and delivery by persons under 18
- Employment by churches and certain religious organizations
- Services of work-study students, student nurses and interns, work trainee programs administered by non-profit or public institutions
- Municipal Workers
- Municipalities, districts, political subdivisions, and other agencies are excluded from PFML law unless they choose to opt-in by vote in their legislative or governing body, such as a city council or town meeting. City and town departments, such as school departments or departments of public works, are considered part of the municipality they serve. If your department, district, political subdivision, or organization is separate from the municipality it serves, it will have a different tax identification number.
- Housing authorities, regional school districts, and regional planning commissions are excluded from PFML law but may choose to opt-in through a vote of their board members or governing committees.
- Charter schools are not considered a part of a municipality and are not excluded from PFML law, except for Horace Mann Charter School. Horace Mann Charter School employees are considered municipality employees for the purposes of collective bargaining and are subject to municipality decision.
- See Section 6 of M.G.L. c. 151A for a complete list of excluded employment.
To Apply
Apply for PFML for Your Own Serious Illness
When you apply for medical leave, you will need a Certification of your Serious Health condition form from your Health Care Provider that includes:
- Information supporting that you have a serious health condition and are incapacitated from doing your job
- When your condition began
- How long they think your condition will continue
- Any other relevant details about your condition
Apply for PFML for Leave to Care for a Sick Family Member
- Notify your employer, agree on the dates and frequency of leave
- Then contact your family member’s health care provider to fill out the Certification of your Family Member’s Serious Health Care Condition form which states
- That your family member has a serious health condition
- When your family member’s condition began
- How long the health care provider thinks your family member’s condition will continue
- You, the employee, are needed to care for the family member
- How often and for how long your family member needs you to care for them
- The name and address of your family member and their relationship to you
- Apply for leave and upload the Certificate form at Mass.gov/paidleave-apply
More Information (Sick FAMILY member)
Apply for Military-Related Paid Family Leave
Currently, applications for military-related paid family leave can only be made by calling the Department’s Contact Center at (833) 344-7365.
More information
Apply for Leave to Bond with a Child
See the New and Expectant Parent One Pager (Also in Spanish and Portuguese)
Also see: How Medical to Bonding leave works
Application- acceptable proof of identity
Preferred ID: MA driver's license or state ID. Please submit COLOR copies of both sides. There are other documents that can be used alone or in combination to prove identity. See the list: www.mass.gov/info-details/identity-proof-for-paid-leave
Benefit Calculation
The amount of benefits you’re eligible to receive for PFML is based on your own average weekly wage when you apply for leave, and the average weekly wage for workers throughout Massachusetts. The individual benefit calculation:
- 80% of your average weekly wage, up to 50% of the average weekly wage for MA workers PLUS
- 50% of any of your average weekly wage that exceeds 50% of the average weekly wage for MA workers, up to the maximum allowed benefit amount
Benefit Year 2025
- As of Jan. 1, 2025, the state Department of Family and Medical Leave has announced an increase in the weekly maximum benefit to $1,170.64/week for 2025 applicants. Those who have taken a leave in 2024 will continue to receive benefits based on their 2024 amount for the duration of their benefit year.
- Your benefit year is unique to you and is based on when you take time off through any leave program. Your benefit year starts the Sunday before your first day of leave and lasts for 52 consecutive weeks. The benefit year determines your benefit rate, which will stay the same for the entire benefit year even if you file multiple applications or take different types of leaves. Your benefit rate will only change when you start a new benefit year. Learn more.
- Benefits calculator: https://calculator.digital.mass.gov/pfml/yourbenefits
Topping Off Benefits - Combining with Paid Time Off
For applications filed on or after November 1, 2023, employees receiving PFML benefits may supplement (or “top off”) their PFML benefits with any available accrued paid leave (sick time, vacation, PTO, personal time, etc.). For employees who choose to supplement their PFML benefits in this way, the combined weekly sum of PFML benefits and employer-provided paid leave benefits cannot exceed the employee’s Individual Average Weekly Wage (IAWW).
Employers will be responsible for monitoring and ensuring that the combined weekly sum of employer-provided paid leave benefits and PFML benefits does not exceed an employee’s IAWW.
If the application is filed on or after November 1, 2023, applications filed retroactively for a leave that began before November 1, 2023, are eligible for topping off.
Learn more at the PFML website, including information about 2024 maximum benefit amounts, employer contribution rates, and more.
Learn more about Topping Off
FAQs for Employers
FAQs for Employees
To Request an Extension
To request an extension of PFML leave, the worker must submit a “change request” in the approved application, not a new application. The worker must provide a doctor’s letter on letterhead or a new medical certification that states the reason for, and the dates of, the extension. The worker must also give notice to their employer as soon as possible. The general rule is the worker should provide 14 days' notice of the need to extend leave, or as soon as possible. DFML allows extension requests any time after the leave has been approved, until 30 days after the leave has ended. To request an extension after 30 days, file an appeal of the approved claim and request to change the end date of the leave.
(DFML does not enforce the regulation that extensions must be requested 14 days prior to the end of the leave, because doctors often wait to see how the recovery is progressing and are reluctant to extend the leave until the very end.)
From: masslegalservices.org/content/26-extending-pfml-leave
More Information
Forms and FAQs
- Health Certification forms:
- Your eligibility for paid family and medical leave (PFML) (including opt in for self-employed)
- PFML Employee one pager (and in Spanish and Portuguese)
- PFML Employee Toolkit
- Paid family and medical leave (PFML) application approval timeline
- What to expect when you apply for paid family and medical leave benefits
- PFML Update: Frequently Asked Questions
- PFML leave to bond with my new child one pager (and in Spanishand Portuguese)
- What type of leave should I apply for - guided path
- Submit additional information to support your application for paid leave
- How to apply for military-related paid family leave
- Applying for paid family or medical leave if you have multiple employers
- How to apply for intermittent paid Family or medical leave
- How working during your PFML schedule will affect your benefits
- Paid family and medical leave benefit payment process
- Tip: pregnant people who qualify for medical leave followed by bonding leave- call to add bonding leave to avoid a second 7 day waiting period. How Medical to Bonding leave works and (More information)
For more information please call The Department of Family & Medical Leave at (833) 344-7365 between the hours of 8 a.m - 5 p.m.
Keep informed with the latest information by signing up for their PFML Newsletter
Differences between PFML and FMLA
PFML is separate from both the federally mandated benefits offered by the Family Medical Leave Act (FMLA) and from leave benefits that may be offered by your employer. Unlike FMLA it applies to Massachusetts employers regardless of size.
To be eligible to receive paid leave under PFML, a worker must have earned at least $5100 in the previous 12 months AND at least 30 times more than the individual's weekly PFML benefit. PFML does not apply to public sector workers and most public school workers unless their municipalities opt-in (more under exclusions below).
To qualify for FMLA, an employee must have been with their employer for at least 12 months, with at least 1,250 hours worked over that time. Private sector employers must have over 50 employees to qualify for eligibility. FMLA also applies to all public sector workers and workers in all public and private schools.
FMLA provides up to 12 weeks of job-protected, unpaid leave in a calendar year for family or medical reasons, or up to 26 weeks of job-protected, unpaid leave in a calendar year to care for a family member in the armed services. Employers are not required to pay workers taking FMLA leave.
In both PFML and FMLA, employers are required to maintain the employee’s health insurance at the same levels the employee had prior to going on leave. Upon their return to the workforce, an employee who has taken leave must be allowed to return to their previous position, or a position of similar responsibility and compensation.
In both PFML and FMLA, family leave may be taken to:
- Bond with a newborn or newly adopted child
- Care for a family member with a serious health condition
- Manage family affairs when a family member is on active duty
In both PFML and FMLA, medical leave may be taken if you are unable to work due to a serious medical condition.
Special case: parents who took FMLA in 2020 to bond with a child, may be eligible for a second leave through PFML up to the child's first birthday. Learn more.
PFML in the News: Family and Medical Leave Recipients Face Delayed Payments, Uncertainty, 3/21
Legislative History
- "Grand Bargain Bill" makes Massachusetts the third state in the country to approve both a $15 minimum wage and mandatory paid family and medical leave. The law will also impose a small payroll tax on workers and employers to pay for the leaves. The leave benefits will become available beginning in 2021. For more information, see Grand Bargain Bill Includes $15 Minimum Wage and Paid Family Leave- MGH Community News, June 2018
- State Officials Give Employers More Time on Paid-Leave Decision- the Baker administration has given businesses a three-month extension to obtain a private-sector alternative to the state’s new paid family and medical leave program- MGH Community News, May 2019
Wounded Warrior Leave Act - The law provides federal and postal employees with 104 hours of paid leave during their first year in the federal workforce, so that they can seek medical treatment for service-connected disabilities (rated at 30 percent or more), without being forced to take unpaid leave or forgo their appointments. (Obama signs Wounded Warrior Leave Bill, MGH Community News, November 2015)
Workers' Compensation: Mass. Department of Industrial Accidents (DIA)
--The DIA is responsible for overseeing the Workers' Compensation system in Massachusetts
If you are injured or become sick because of your work, you have a right to medical treatment and, in some cases, wage replacement benefits under workers compensation. Workers' Compensation is a type of insurance that all Massachusetts employers are required to have for their employees. All workers are covered - no matter how many hours they work, regardless of whether they were paid in cash "under the table" and their immigration status. See the MassCOSH (Coalition for Occupational Safety and Health) website - Action Steps for Injured Workers for more info and steps to take.
INJURED WORKER'S Guide to Workers' Compensation - MA Dept of Industrial Accidents
EMPLOYER'S Guide to Workers' Compensation - MA Dept of Industrial Accidents
Workers Comp In the news: For Injured Workers in Mass., Care Isn't Easy to Come By - MGH Community News, April 2023
Anti-Discrimination in Hiring
Mass. Commission Against Discrimination (MCAD)
--Ensures equality of opportunity by enforcing the Commonwealth's anti-discrimination laws
Disability Law Center
--Protection and Advocacy agency for Massachusetts residents with disabilities
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CORI (Criminal Offender Record Information)
Employment Access for those with Disabilities
MA Pregnant Worker Protection Law (Effective April 2018)
- Effective April 2018
- State law that requires employers to provide “reasonable accommodation” for pregnant women, giving them the right to less strenuous duties, more frequent breaks, and temporary transfers, among other provisions, provided they don’t cause a business “significant difficulty or expense.” New mothers will also have the right to time off to recover from childbirth and a private space to express breast milk.
- Businesses could seek an exemption from the law if they could prove compliance would result in an "undue hardship."
- For more information, see Pregnant Workers Fairness Act- MGH Community News, March 2018
- Related laws:
- The federal Pregnancy Discrimination Act prevents employers from firing women for being pregnant but offers no additional protections.
- The Americans with Disabilities Act covers some temporary conditions brought on by pregnancy, such as gestational diabetes, but doesn’t apply to more ordinary concerns, such as not lifting heavy loads.
MA Fair Labor Laws/Worker's Rights protects workers from exploitation
- MA Attorney General's Fair Labor Division
- Protections Against Retaliation - includes fact sheets in multiple languages.
- Workplace protections include:
- The right to be paid a legal rate of pay, in full and on time, including:
- Minimum wage
- Overtime
- Prevailing wage on public works projects
- The right to be free from sexual harassment and other forms of discrimination on the job
- The right to a safe and healthy workplace
- The right to organize
- The right to be classified properly as an employee
- Immigrant workers are protected - Wage and hour laws apply to all workers, regardless of immigration status, including undocumented workers. If an employer reports or threatens to report a worker to immigration authorities because the worker complained about a violation of their rights, the employer can be prosecuted and/or subject to civil penalties.
- Fact sheet Advisory on the wage and hour rights of immigrant workers is also available in multiple languages on the site.
- Federal protections: DHS Issues New Labor Protections for Immigrant Workers - The Department of Homeland Security has issued guidance to strengthen protections for immigrant workers involved in labor disputes.
- This new guidance creates a streamlined process for victims or witnesses of labor violations under investigation by a state or federal labor agency to apply for up to 2-years of deferred action and work authorization with the support of the investigating agency. Under this new guidance, DHS created a central processing point within USCIS to receive and adjudicate labor-related applications for deferred action on a case-by-case basis. For any applicants who are in removal proceedings or have a pending order of removal, USCIS will forward the application for deferred action to ICE for adjudication. (1/23- see newsletter article)
- Wage Theft Legal Clinics- The Massachusetts Attorney General’s Office works with community partners to host a monthly wage theft clinic. The goal of the clinic is to help workers get the wages and benefits they earned. For more information, see Free Wage Theft Legal Clinics- MGH Community News, August 2018.
- Domestic Workers (MA) - The Massachusetts Domestic Workers Bill of 2014 is supposed to provide domestic workers with straightforward labor protections, like a contract in a language that workers understand, payroll records, overtime pay and time off. But researchers found that the majority of those workers and employers had little or no knowledge of the law, and that there were serious violations by employers. Advocates are concerned the Massachusetts attorney general’s office, which is tasked with enforcement of the law, has no “meaningful way” to identify employers of domestic workers so that they can be educated about their obligations under the law before a violation happens, or a complaint is made. - See the full WGBH story.
Using a Fake/Someone Else's SSN
While there are many reasons people may use someone else's SSN, it is not a good idea. Using someone else's SSN is a form of identity theft, even if using it with that person's permission. It is a federal crime and could result in serious criminal penalties, including prison. If you are an immigrant it could also prevent you from obtaining legal status or cause you to be deported.
Do not use a fake/someone else's SSN on public benefit applications.
MA Noncompetition Agreement Act (Effective October 2018)
A non-compete agreement is a contract between an employee and an employer in which the employee agrees not to enter into competition with the employer during or after employment. The Massachusetts Act became effective October 2018. Some highlights:
- A noncompete must be no broader than necessary to protect a legitimate business interest, such as protecting trade secrets, confidential information, or a relationship with clients.
- A noncompete can be in place for no longer than a year. That can be extended to two years under rare circumstances, such as if an employee stole company property.
- The new law, for the first time, states that hourly employees cannot be subject to noncompetes. Noncompetes also cannot be applied to interns, students and teenagers under 18, or to anyone who has been laid off without cause.
- For more information, see What Does Massachusetts' Noncompete Reform Mean for You?- MGH Community News, September 2018
- Also see: New Law Requires Pay During Noncompete- but there is "potentially a big loophole".
Retirement
Social Security Retirement
- The full retirement age is slowly being raised to age 67. Full retirement age had been 65 for many years. However, beginning with people born in 1938 or later, that age gradually increases until it reaches 67 for people born after 1959. See the Social Security Retirement Age calculator to determine one's full retirement age.
- HOWEVER, Experts call 70 the REAL Retirement Age due to increases in the Delayed Retirement Credit that mean the highest monthly benefits are available for those claiming benefits beginning at 70.
- Take early retirement or apply for SSDI? If one qualifies for disability, SSDI would pay a higher monthly benefit. However one strategy is to apply for Early Retirement while awaiting disability- but there is risk involved. See full discussion on our SSI/SSDI page.
- Divorced Spouses who meet certain requirements may collect benefits under an ex-spouse’s record, even if the ex-spouse has remarried and even if the ex-spouse’s new spouse is collecting on the same record.
- How Work Affects Your Benefits (See the SSA Retirement publications page for additional languages)
- How Public Pensions Reduce Social Security Benefits in Retirement
- Re-Entry After Incarceration - Benefits after Incarceration: What You Need To Know, Social Security website
- Social Security to stop issuing paper checks after September 30, 2025.
- People who currently receive paper checks have two options to receive their Social Security payments electronically:
- Direct Deposit: Payments can be deposited directly into your checking or savings account.
- Direct Express® Card: For people without a bank account, the Direct Express card is a prepaid debit card designed specifically for federal benefit payments.
- You can update your payment information anytime through your personal my Social Security account online.
- In extremely rare circumstances, Treasury may grant exceptions to the electronic payment mandate. For more information or to request a waiver, call treasury at 855-290-1545. You may also print and fill out a waiver form and return it to the address on the form.
- For more details and to learn how to enroll in direct deposit or obtain a Direct Express card, please visit www.ssa.gov/deposit/.
Mass. State Board of Retirement
Pension Action Center- helps people navigate the maze of policies and laws to secure their retirement income. The Pension Action Center, part of UMass Boston's Gerontology Institute, provides free legal counseling for workers and retirees who live or worked in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont, and Illinois.
Advocacy tip: Medicare & Retirement: Talk to Benefits Office Before Retiring - MGH Community News, September 2009.
In The News:
Program Highlights
- Partners in Career and Workforce Development (PCWD) - unpaid training program which includes 4 weeks of classroom instruction and a 4 week internship in a basic clerical or support staff position for those interested in entry-level employment within one of the Partners hospitals.
- The Working Partners' Program - Vocational rehab and job placement for people with physical or mental disabilities (Spaulding and Mass Rehab - now called MassAbility - joint venture).
- Jobcase: a job search site like LinkedIn for people who might not have an advanced skill set, or who are looking for advice and moral support - MGH Community News, January 2018
- For Immigrants: Social Work Education Opportunity (BU School of Social Work)- MGH Community News, September 2009
- Wage Theft Legal Clinics- The Massachusetts Attorney General’s Office works with community partners to host a monthly wage theft clinic. The goal of the clinic is to help workers get the wages and benefits they earned. For more information, see Free Wage Theft Legal Clinics- MGH Community News, August 2018.
II. Unemployment
Mass. Department of Unemployment Assistance (DUA)
Key reference: Unemployment Advocacy Guide - Mass Law Reform Institute, (2023)
Explanations/Summaries
Unemployment and Temporary Illness or Bereavement -one can still be eligible and receive benefits during an illness or disability of up to 3 weeks in a benefit year as long as the individual has not refused an offer of suitable work.
(G.L. c. 151A, § 24 - see final paragraph)
(Source: UI Advocacy Guide, Chapter 8: What Are the Capability, Availability and Suitability Requirements of the Personal Eligibility Test?)
Unemployment and Disability cash assistance (SSI, SSDI) - there are some instances where one might receive both Unemployment and disability cash assistance, such as if one is able to work only part-time or one has been receiving disability benefits, and is in an employment trial period. The issues are complex, so we recommend those on unemployment who are considering applying for disability consult with an attorney. (See SRH § 1005(H) p 14- 1022 DISABILITY PAYMENTS and http://www.masslegalservices.org/node/37847)
Unemployment in the News: MA Unemployment Ordered to Stop Halting Payments and Follow the Law on Notice and Appeals, 3/21
Related Articles
- Unemployment Extension Ending - MGH Community News, December 2013
- Unemployment Benefits Extension Cut- MGH Community News, June 2012
- Logistics/Receiving benefits
- Unemployment-Related Health Coverage
- Medical Security Plan (MSP)- the medical security plan is health insurance that the state offered certain low-income unemployment compensation recipients. This program has been replaced by other programs under Affordable Care Act implementation.
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