Planning Time Off for A Baby? Learn the Lingo Before Your Leave
Confused about bonding leave, medical leave, FMLA, or Massachusetts PFML? Here’s what each one means, and who qualifies.
Welcoming a child – whether through birth, adoption, or foster care – is exciting, emotional, and, yes, can be a little overwhelming. One of the most important things you’ll need to do before the “big day” is figure out how to take time off from work, including: (a) when you can start your leave, (b) for how long, (c) how much pay you’ll receive while on leave, and (d) how/when to apply for benefits. But with so many different types of benefits and terms (like bonding leave, medical leave, FMLA, MA PFML, and short-term disability) it can feel like another full time job just to get the process started. Don’t worry; keep reading and we’ll walk you through the most common types of leave benefits available to new parents in Massachusetts.
Categories of Employment Benefits that May Apply to Massachusetts Employees:
1) FMLA (Family and Medical Leave Act)
FMLA is a federal law that provides up to 12 weeks of job-protected leave, but it's unpaid.
There are certain eligibility requirements, including that you must have worked at least 1,250 hours in the past year at a company that is covered by the law, and at a location where the company has 50 or more employees within a 75-mile radius.
FMLA can run at the same time as MA PFML, or cover you if you're not eligible for MA PFML.
More detailed information on FMLA eligibility and requirements can be found on the US Department of Labor’s website.
2) MA PFML (Massachusetts Paid Family and Medical Leave Law) Benefits
MA PFML is a state-run paid leave program available to most employees in Massachusetts – it provides job-protected leave and, we’ll say it again, is paid.
Covers both medical leave (e.g., childbirth recovery or pregnancy-related issues) and family leave (e.g., bonding).
Eligible employees can take up to 20 weeks of medical leave and up to 12 weeks of bonding leave per benefit year (see below for more info on each of these types of leave). But it’s important to note that eligible employees cannot take more than 26 weeks of total combined leave in a benefit year.
Most employees will apply through the MA Department of Family and Medical Leave (though some employers have received an exemption from MA PFML because the benefits they offer are at least as generous as the state law – in those cases, you’ll apply right through your company or their benefits administrator).
The amount of pay you can receive depends on your earnings (and there's a weekly cap of $1,170.64 in 2025).
Funded through payroll deductions (you should see it on your pay stub).
Good news: If you live in Massachusetts but your employer is out-of-state, you may still be eligible for MA PFML benefits. Or, if you live in another state but work in Massachusetts, you may also still be eligible.
Additional information on MA PFML eligibility and requirements can be found on the MA Department of Family and Medical Leave’s website.
3) STD (Short-Term Disability Insurance) Benefits
STD is not required by law, but some employers offer it – or you can purchase a private policy prior to pregnancy – to provide some amount of income during medical leave for pregnancy or childbirth. STD provides pay, but does not necessarily provide job protection.
Policies have different terms and exclusions so it’s really important to make sure you review and understand your specific policy to understand coverage.
Generally provides benefits for postpartum recovery, typically with 6-8 weeks of coverage, but policies vary and could include different coverage terms.
Can sometimes be used before birth if your doctor certifies that you need to stop working due to pregnancy complications (and sometimes you can access STD benefits prior to your due date without affecting the number of weeks available for postpartum recovery).
Depending on your specific policy, STD could pay your full salary but more often pays a portion of your salary (typically 50-70%) during recovery from childbirth and/or for certain pregnancy-related issues prior to your due date.
If you are eligible for MA PFML and covered by a STD policy, the benefits may run “concurrently” (meaning, at the same time), and the STD policy benefits will be offset by the payment you receive from MA PFML. The terms of your specific policy are important for determining this.
Tip: Review your benefits early! Coverage, waiting periods, and claim processes vary. We always suggest you review the written policies to confirm the benefits that may apply to your personal situation.
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Categories of Employment Leave that May Apply to Expecting Parents:
1) Medical Leave (Pregnancy-Related Health Conditions and/or Postpartum Recovery)
Birthing parents can take medical leave to physically recover after childbirth. You may also be able to access medical leave if you need to stop working prior to your due date because of pregnancy-related issues or complications. Medical leave is often covered by:
MA PFML - Medical Leave: As mentioned above, under MA PFML, birthing parents can take up to 20 weeks of paid medical leave for a serious health condition, including childbirth recovery and/or pregnancy-related complications. You’ll need medical documentation, and there’s a 7-day waiting period before payments begin.
Short-Term Disability Insurance (STD): As mentioned above, you may have this benefit through your employer, or you can purchase a private policy prior to pregnancy. If you’re covered by an STD policy, it may pay your full salary, but more often than not, STD pays a portion of your salary (typically 50-70%) during childbirth recovery. Again, many plans cover about 6-8 weeks for childbirth recovery, depending on the type of delivery and any complications. Depending on the specific terms of your policy, you may also be able to access STD benefits prior to your due date for certain pregnancy-related conditions.
2) Bonding Leave (Time with Your New Child)
Bonding leave is available to all new parents – regardless of gender or birthing status – to spend time with a new child within the first year after birth, adoption, or foster placement. Bonding leave is covered by:
MA PFML - Family Leave for Bonding: Eligible employees can take up to 12 weeks of paid bonding leave. Both parents can take this leave, and it can be taken all at once or in chunks within the first 12 months of your child’s birth or placement with your family.
Non-birthing parents would skip the disability and/or medical portion of leave mentioned above, and just take MA PFML bonding leave and/or FMLA, if eligible.
Timing Tip: Bonding leave can be taken after medical leave ends, so birthing parents may combine both for a longer total leave (up to 26 total weeks under MA PFML, if eligible). Birthing parents can bypass a second 7-day unpaid waiting period by transitioning directly from medical to bonding leave.
Final Suggestions
Remember that your employer’s parental leave policies may include FMLA, MA PFML, STD and/or some combination of these types of leave. Your employer may also have its own policies that provide other parental leave benefits – for example, some employers will provide 100% of your salary for some part or all of your parental leave, or some employers allow employees to take additional unpaid leave if they need or want more time before returning to work.
Prepare early: Knowing what benefits are available to you, and when and how to apply can help reduce the stress of planning when timing can be unpredictable. There are waiting periods and paperwork involved, especially for MA PFML and short-term disability.
Review Your Benefits: Talk to HR, check your benefits portal (if you have one), and take a look at your employer’s policies and procedures. Every workplace has its own policies and timing preferences, so coordinate ahead of time.
Don’t assume you're not eligible: Many part-time workers and gig workers may qualify for MA PFML, and even Massachusetts workers whose employers do not have physical locations in the state could be covered by the law. Review the MA Department of Family and Medical Leave’s website to learn more about eligibility.
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Have Questions About Your Specific Situation? We’re Here to Help.
Every family – and every job – is different. Whether you’re unsure if you qualify for FMLA or MA PFML, trying to coordinate multiple types of leave, or just want to make sure you’re filling out the right forms at the right time, we’re here to support you. Reach out!
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Please note: The information reflected on this website or blog is not, nor is it intended to be, legal advice. Use of this website or blog does not create an attorney-client relationship between the user and Scully & O’Leary LLC.