Policy Statement
Paid Family and Medical Leave (PFML) is a Commonwealth of Massachusetts program designed to give Massachusetts workers the resources to manage their own health and the health of their family. PFML is a state-offered benefit for anyone who works in Massachusetts and is eligible to take up to 26 weeks of paid leave for medical or family reasons.
Reason for Policy
Massachusetts’ Paid Family and Medical Leave Act (PFML) will provide job security and paid time off from work for a specified period of time.
Who Is Governed by this Policy
All employees of Western New England University who work in Massachusetts.
Policy
When does PFML begin?
- PFML will provide Massachusetts employees with up to 12 weeks of job-protected, paid family leave, up to 20 weeks of job-protected, paid medical leave, or up 26 weeks of combined family and medical leave in a benefit year.
PFML purpose:
- Care for a family member with a serious health condition;
- Bond with a child after the child’s birth;
- Bond with a child after adoption or foster care placement;
- Care for a family member who is or was a member of the Armed Forces, National Guard, or Reserves and developed or aggravated a serious health condition in line of duty on active duty while deployed to a foreign country;
- Manage family affairs when a family member is on or has been called to active duty in the armed forces, including the National Guard or Reserves;
What is a benefit year?
- The benefit year is a rolling calendar of 52 weeks starting on the first week that you take leave through any leave program. It is calculated on weeks beginning on Sundays. If you started your leave on a Wednesday, your benefit year starts the Sunday before you started your paid leave, which is the beginning of that week.
- Different types of paid leave have different maximum amounts that you can take per year, but even if you take several different types of paid leave, the maximum in one benefit year is 26 weeks of partial pay.
For Example:
- Example 1: You had a child on January 1, 2021. You have another child on Dec 1, 2021.
- Leave: You can take 12 weeks of Family Leave after the birth of your first child. Your first leave begins on Jan 1. 2021, then you would wait until January 1, 2022, to take another 12 weeks of Family Leave for your second child.
- Example 2: A child is placed in your home through foster care on July 1, 2021. A pair of siblings are placed in your home through foster care on November 30th.
- Leave: You can take 12 weeks of Paid Family Leave to bond with your first foster child beginning on July 1. You can take another 12 weeks of Paid Family Leave to bond with the pair of siblings starting on July 1, 2022.
- Example 3: You have a major surgery that keeps you from being able to work from February 1, 2021 through the end of June. Your spouse gives birth to a child on January 1, 2021.
- Leave: You can take 20 weeks of medical leave to recover from your surgery. You can then take 6 weeks of family leave to bond with your child on October 1 before you hit the maximum 26 weeks. You could then take another 6 weeks of family leave to bond with your child starting February 1st.
How employees will receive payment:
- Eligible employees will receive up to a maximum of $850 per week from Guardian after they have met the 7-day elimination period;
- Employees with accrued paid time off may use vacation time, sick time, or family sick time (if applicable) during the elimination period.
- The maximum payment period may last up to 26 weeks;
- No vacation time is accrued by an employee during a period of disability absence. If the period of absence is in effect during any wage increase that the employee may be entitled to, the wage increase will take effect upon return to active service.
During an employee’s medical absence:
- Employees are responsible for paying their portion of the benefit premiums for any benefits enrolled in. Additional information will be sent directly to the employee from Group Dynamics.
- Employees who have vacation time may use up to 10 hours per week of accrued vacation time during leaves under PFML. Sick time cannot be used during this time.
- Eligible employees may also apply for short-term disability while on paid medical leave. Guardian also manages the University’s short-term disability plan.
The University reserves the right to seek an independent medical evaluation (at the University's expense) regarding any claimed disability and may require updated medical documentation during the course of a disability.
Procedures
Western New England University has purchased a fully insured PFML plan through Guardian. Claims will be submitted to Guardian for review, approval, and payment of claims. University employees will not submit claims to the Massachusetts Department of Family and Medical Leave for processing.
How to apply:
- To apply for benefits under this Plan, an employee must first contact Human Resources to confirm eligibility;
Employees who need to file a claim for FMLA, PML and/or STD benefits, please contact Guardian directly by following the steps below:
- Contact Guardian/TeleGuard at 1-888-889-2953, Monday–Friday, 7:00 a.m.–7:00 p.m. (this is the preferred and recommended option) or
- File a claim online: Guardian Anytime claim submission at: Guardianlife.com—Submit a Claim
- Group ID: 00567373
- Please see below for information regarding claim status and follow up:
- Once Guardian receives the claim from the employee, Guardian will contact Human Resources and verify the employee’s information;
- Guardian will review the claim, approve and/or deny.
If you anticipate an upcoming need for leave, notify your Department Head, Supervisor, or Dean at least 30 days prior to the anticipated leave, or as soon as possible, and contact Human Resources to discuss your leave options.
Related Information
How PFML is different than FMLA:
- Massachusetts’ Paid Family and Medical Leave Act (PFML) and the federal Family and Medical Leave Act (FMLA) are separate laws that cover similar situations. Even those organizations who are exempt from FMLA may be subject to PFML and, as a result, may be required to inform their employees about their rights under PFML and may collect contributions from employees to fund this benefit. WNEU will be funding this benefit at 100%; no cost to the employee.
- 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 employees 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 the employee’s return to work, 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.
More Information from Mass.gov
Document History
Policy Origination Date: January 30, 2023
Who Approved This Policy
Associate Vice President of Human Resource
Contact
Associate Director of Human Resources
Rivers Memorial