Code of Massachusetts Regulations 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE
Here’s a refined overview of 458 CMR – Department of Family and Medical Leave, the regulations that implement Massachusetts’ Paid Family & Medical Leave (PFML) program under M.G.L. c. 175M:
📘 Structure of 458 CMR
The core portion is 458 CMR 2.00, titled Family and Medical Leave, which outlines eligibility, contributions, application protocols, benefit calculations, job protections, and enforcement.
✅ Key Sections
▸ 2.05 – Contributions
Employers, employees, and eligible self-employed individuals contribute to the PFML Trust Fund.
Initial rate was 0.75% starting October 1, 2019, adjusted annually; e.g., 2022 rate dropped to 0.68% (casetext.com, mass.gov).
Small employers (<25 MA workers) don’t have to pay the employer’s portion (casetext.com).
▸ 2.08 – Application for Benefits
Applications can be filed up to 60 days before leave; applicants must give at least 30 days’ notice to employers, unless unanticipated (regulations.justia.com).
Medical certification required based on qualifying reason; deadlines and proof of relationship/birth may apply (casetext.com).
▸ 2.09 – Department Determinations
The Department reviews eligibility (notice, wages, certification, employer approval) and issues approval/denial within 14 days of a completed application (casetext.com).
▸ 2.12 – Weekly Benefit Amount
Benefit is based on average weekly wage:
80% replacement for portion ≤ 50% of state avg wage
50% replacement for higher earners
Capped at 64% of state avg weekly wage (law.cornell.edu).
Benefits are prorated for intermittent or reduced schedules; offsets apply when other wage replacement is received (law.cornell.edu).
There is an initial 7-day waiting period (law.cornell.edu).
▸ 2.13 – Intermittent & Reduced Leave
Intermittent or reduced schedules are allowed for medical leave and, with agreement or necessity, for family leave (mass.gov).
Benefits prorated to time taken; employer may require adherence to agreed schedule .
▸ 2.11 – Fitness‑for‑Duty
Employers may require certification that an individual can return to work after a medical leave, tied to essential job functions (regulations.justia.com).
📅 Leave Entitlements
Per 458 CMR 2.08(8) (effective January 1, 2021) (law.cornell.edu):
Up to 26 weeks total of PFML per benefit year, combining family and medical leave.
Medical leave (self): up to 20 weeks.
Family leave:
12 weeks for child bonding or qualifying exigency,
26 weeks to care for a covered servicemember.
Leave usage is prorated for part-time schedules.
💬 Real-World Insights (via Reddit)
“You can take both STD with PFML so that you are paid up to your average weekly wage.” (reddit.com, law.cornell.edu)
“Mass PFML has two separate buckets… total caps at 26 weeks.” (reddit.com)
“Returning to the same or equivalent job… loss of hours/position will be subject to ‘heightened scrutiny.’” (reddit.com)
📌 Recent Updates
2022: Employer contribution dropped to 0.68% and maximum weekly benefits increased (~$1,084) (reddit.com).
2025: Regulations updated (Mass Register 1543, March 14, 2025), current statutes reflect recent changes (regulations.justia.com).
📊 Summary Table
| Section | Topic |
|---|---|
| 2.05 | Contributions & rates |
| 2.08 | Notice, application & certifications |
| 2.09 | Determination & employer communication |
| 2.11 | Fitness-for-duty post-medical leave |
| 2.12 | Benefit calculation & offsets |
| 2.13 | Intermittent/reduced leave schedules |
🧭 How to Use This
Employers: Track contributions via MassTaxConnect, enforce notice policies, and review required medical certifications.
Employees/Contractors: Initiate leave up to 60 days in advance; understand benefit calculations, waiting period, and job protections.
Both: Ensure compliance with Department timelines (14-day decision window) and fitness-for-duty protocols.
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