The Office of Human Resources

The MAPFML law, which takes effect Jan. 1, 2021, makes all eligible workers with a work location in Massachusetts to certain paid medical and family leave benefits.

Paid medical leave may be taken to:

• Manage a personal serious health condition. 

Paid family leave may be taken to:

• Bond with a child during the first 12 months after birth, adoption or foster placement. (This applies to employees who had a baby during the 2020 calendar year.)

• Deal with complications resulting from the military deployment of a family member.

• Care for a family member with a serious health condition. (This benefit is available beginning July 1, 2021).

learn more about eligible leaves

Generally, MAPFML coverage is available to those who work in Massachusetts and receive a W-2 — the IRS form that documents an employee's annual wages and the amount of taxes withheld from their paycheck — whether full time, part time or seasonal. In addition, former employees who have been unemployed for 26 weeks or fewer, and are not reemployed, are covered. Please note that 1099 contractors and work-study students are not eligible for MAPFML at this time. Additionally, students who work at a nonprofit college or university, and for whom Brandeis does not contribute to unemployment for their work, are excluded from coverage.

The benefit duration depends the type of leave requested and approved, as follows: (Note: A benefit year is the period of 52 consecutive weeks beginning on the Sunday immediately before your first day of leave.)

• Medical leave for your own serious health condition: 20 weeks per benefit year.

• Family leave to bond with a new child: 12 weeks per benefit year.

• Family leave arising from a covered service member's call to active duty: 12 weeks per benefit year.

• Family leave taken to provide care to a family member with a serious health condition suffered while on active duty in the armed forces: 26 weeks per benefit year.

Combined maximum: 26 weeks.

The amount of benefits you are eligible to receive under our private MAPFML plan is based on your own average weekly wage at the time you apply for leave:

• If you are a non-benefits-eligible employee at Brandeis, the maximum total amount  you can receive in MAPFML benefits in 2021 is $850 per week. Please see the Massachusetts Paid Family and Medical Leave benefits calculator to estimate your weekly benefit.

• If you are a benefits-eligible employee at Brandeis, your weekly benefit amount will likely be greater than the state's calculation and maximum because of our private MAPFML plan design.

In all instances, the benefit will be determined by The Standard and paid through Brandeis payroll.

The Family and Medical Leave Act (FMLA) is a federal law that provides unpaid, job-protected leave; Massachusetts Paid Family and Medical Leave (MAPFML) is a state law that provides paid, job-protected leave. Following is a brief overview of the major differences between the two laws:

Who Is Eligible?

• FMLA: Employee must have worked with their employer for 12 months, with at least 1,250 hours worked.

• MAPFML: Generally, all Massachusetts employees who meet the eligibility criteria previously described.

For What and for How Long Can Benefits Be Used?

• FMLA: 12 weeks for family and medical; 26 weeks for family member in the military.

• MAPFML: 12 weeks for family; 20 weeks for medical; 12 or 26 weeks for family member in the military.

Is Benefit Paid?

• FMLA: No.

• MAPFML: Yes.

Is Job Protected During Leave?

• FMLA: Yes.

• MAPFML: Yes.

How Is 'Covered Family Member' Defined?

• FMLA: Spouse, child or parent, including any other individual who stood in "loco parentis" (in the place of a parent) to the employee when the employee was a child.

• MAPFML: Spouse, domestic partner, child, parent, or parent of a spouse or domestic partner; a person who stood in loco parentis when you were a minor; or your grandchild, grandparent or sibling.

Note that the MAPFML will run at the same time as the federal Family and Medical Leave Act (FMLA); the Massachusetts Parental Leave Act (MPLA); or Brandeis benefits if you are eligible.

learn more about the difference between programs

The most complete and current detail about the law is available at the Mass.gov website. A complete benefits guide is also available. Note that Brandeis benefits may be more generous than what the law requires. Please read these FAQs in full for more information.

While employers can charge employees for private MAPFML plans, up to the maximum amounts set by the state, Brandeis has decided to not charge employees at this time. We reserve the right to change this approach in the future and will notify employees in advance if a change is made.

You must have a serious health condition to be eligible for a paid medical leave under MAPFML. A serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves one of the following:

• Inpatient care in a hospital, hospice or residential medical facility.

• Continuing treatment by a health care provider.

See examples of serious health conditions

Details of the new leave programs will vary for each individual based on employment category (faculty, staff, adjunct faculty or non-benefits-eligible). Refer to the list of job classifications on this site for information about your specific situation.

No, employees do not need to elect these benefits. Additionally, there are no decisions related to leave programs required of our employees during the annual enrollment period.

The Standard, who currently administers our long-term disability program and life-insurance benefits, will also administer these new benefits. This enables us to offer Brandeis staff a consistent and more seamless experience throughout the duration of an extended leave.

You may use your sick leave during the first week (waiting period) to receive 100% pay.

Under the MAPFML, starting Jan. 1, 2021, you may be eligible for up to 12 weeks of time off for bonding with a new child or certain situations related to active military service (some eligible for up to 26 weeks). Starting July 1, 2021, you may be eligible for up to 12 weeks of time off to care for a sick family member. Bonding leave can be take any time during the first 12 months after birth, adoption or foster placement of the child.

Generally, no, as the Massachusetts Paid Family and Medical Leave (MAPFML) program runs at the same time as other federal and state laws when both apply. So, you cannot take 12 weeks of leave under the Family and Medical Leave Act (FMLA), then another 12 weeks of leave under the MAPFML. The two leaves will run concurrently. That said, any FMLA leave taken in 2020 will not count against your MAPFML leave entitlement that begins Jan. 1, 2021.

Yes, you can use accrued paid time off during the waiting period for family leave benefits.

For the purposes of MAPFML family leave, family members include your spouse or domestic partner; child; parent; grandchild; grandparent; sibling; the parent of your spouse or domestic partner; and guardians who legally acted as a parent when you were a minor.

A child is a biological, adopted or foster child; a stepchild or legal ward; a child to whom the employee stands in "loco parentis" (in the place of a parent); or a person to whom the employee stood in loco parentis when the person was a minor child.

MAPFML family leave benefits to care for a sick family member become available on July 1, 2021.

Intermittent leaves for a family member's serious health condition can be taken based on the schedule your family member's physician provided in the medical certification (e.g., flare-ups, scheduled appointments, reduced schedule).

No. You are only eligible for bonding leave during the first 12 months following birth. You should plan carefully, so that all your bonding leave is complete by your child's first birthday. If you begin your leave one week before your child's first birthday, you would only be eligible to take one week of leave.

Yes. Beginning Jan. 1, 2021, Brandeis will offer intermittent bonding leaves, based on managerial approval. Managers and employees will work together to create a mutually agreed-upon schedule.

The MAPFML separates the medical component of pregnancy from bonding. The medical certification from the treating provider will determine how much leave time is covered under personal medical leave (Brandeis MAPFML personal medical leave or short-term disability) for recovery from birth, typically six to eight weeks. After that leave ends, you will be eligible to continue using family leave for the bonding benefit. There is no waiting period for the bonding portion when used right after the medical leave.

You may be entitled for MAPFML bonding benefits for up to one calendar year after the baby's date of birth. If you took a leave of absence in 2020 for bonding, you are still entitled to time for bonding under the MAPFML because the law was not in effect at that time.

The Massachusetts Parental Leave Act is a Massachusetts law that requires employers to provide eight weeks of unpaid leave for the purpose of giving birth or for the placement of a child under the age of 18 (or under the age of 23 if the child is mentally or physically disabled) for adoption. The MPLA will run at the same time as the MAPFML.

However, unlike the MAPFML (as covered under the next two questions):

• MPLA leave applies for each birth. For example, an employee who has twins is eligible for 16 weeks of unpaid, job-protected leave under the MPLA.

• If two employees of the same employer give birth to or adopt the same child, the two employees are entitled to a total of eight weeks of leave.

No. Under the Massachusetts Paid Family and Medical Leave (MAPFML) law, the maximum amount of paid leave for bonding is 12 weeks. However, depending on your medical situation you could receive additional entitlement under the personal medical leave plan. The total combined benefit is 26 weeks.

The MAPFML runs concurrent with other laws. If eligible, you would receive a total of 16 weeks (for twins) of unpaid leave under the Massachusetts Parental Leave Act (MPLA) and 12 weeks of unpaid leave under the federal Family and Medical Leave Act (FMLA).

Yes. Under Massachusetts Paid Family and Medical Leave (MAPFML), both parents can take 12 weeks for bonding. You and your partner may choose to take family leave to bond with the child at the same time, or separately.

The MAPFML runs concurrent with other laws and, if eligible, you would receive a total of eight weeks of unpaid leave under the Massachusetts Parental Leave Act (MPLA) and 12 weeks of unpaid leave under the federal Family and Medical Leave Act (FMLA), combined, for both parents.

Under Massachusetts Paid Family and Medical Leave (MAPFML), the maximum amount of time someone can be out and paid for is 26 weeks in a benefit year. For personal illness (bed rest), the maximum duration of time off and pay is 20 weeks, which would then leave you with an additional six weeks of time off and pay for bonding under the MAPFML.

Family leave can be taken by a parent or legal guardian to bond with a child during the first 12 months after the child's birth, adoption or foster-care placement.

There are two types of family leave available if you have a family member who is, was or will be deployed in a foreign country. Beginning Jan. 1, 2021:

• You can take up to 26 weeks of family leave per year to care for a family member who is a current member of the U.S. armed forces, including the National Guard and the Reserves, who is:

  • Undergoing medical treatment, recuperation or therapy for a serious health condition that was received or aggravated while they were deployed in a foreign country.

  • In outpatient status for a serious health condition that was received or aggravated while they were deployed in a foreign country.

  • On the temporary disability retired list for a serious injury or illness that happened while deployed in a foreign country.

  • On the temporary disability retired list for a serious injury or illness that existed before the beginning of the member's active duty, and was aggravated by service while deployed in a foreign country.

• You can take up to 12 weeks of family leave per year to manage any needs that take place immediately after a family member is deployed in a foreign country or has been notified of an upcoming deployment in a foreign country. These needs may include:

  • Caring for a deployed family member's child or other family member immediately before their deployment.

  • Making financial or legal arrangements for a deployed family member.

  • Attending counseling.

  • Attending military events or ceremonies.

  • Spending time with a deployed family member during a rest or recuperation period.

  • Spending time with a family member when they return from deployment.

  • Making necessary arrangements following the death of a family member who had been deployed.

See the PFML Benefits Guide for more information

Due to this new law, employees who are currently on leave or recently took a leave (such as maternity leave) will be able to receive additional leave benefits. If you are expecting to take a medical or family leave in the fourth quarter of 2020 or the first quarter of 2021,  contact Renee Relerford at reneerelerford@brandeis.edu or 781-736-4451.

Contact your department chair, manager or supervisor as well as The Standard. For additional information, see The Standard's Managing Your Leave of Absence FAQ (pdf).

Your benefits will continue to be paid from Brandeis payroll.