Code of Massachusetts Regulations
458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE
Title 458 CMR 2.00 - Family and Medical Leave
Section 2.12 - Weekly Benefit Amount from the Department
Current through Register 1531, September 27, 2024
(1) The weekly benefit amount for covered individuals on family or medical leave is calculated on the individual's average weekly wage at the time of the filing of a request for leave in 458 CMR 2.08, which is determined by the individual's earnings in the base period as reported to the Massachusetts Department of Revenue pursuant to 458 CMR 2.04 and 2.05. The weekly benefit amount shall not change during the term of the approved leave period subject to a pro-rated or reduced benefit amount as described in 458 CMR 2.12(5) and (6).
(2) Calculation. Subject to the limitations described in 458 CMR 2.12(2) through (6), a covered individual's weekly benefit amount shall be calculated for a family or medical leave from an individual employer or covered business entity as follows:
(3) Eligible Wages or Income. For purposes of calculating the weekly benefit amount, a covered individual's average weekly wage shall include only those wages or qualifying earnings subject to the contribution requirements of 458 CMR 2.05, and M.G.L. c. 175M, § 6.
(4) Maximum. The maximum weekly benefit amount approved by the Department for any individual covered under the Trust Fund shall be 64% of the state average weekly wage. A covered individual with multiple employers or covered business entities is not required to take paid family or medical leave from each employer or covered business entity during a single period of paid family or medical leave. Annually, not later than October 1st of each year, the Department shall establish a maximum weekly benefit amount at a level that is 64% of the then-applicable state average weekly wage. The adjusted maximum weekly benefit amount shall take effect on January 1st of the year following such calculation.
(5) Prorated Benefit. For a covered individual who takes leave on an intermittent or reduced leave schedule, the weekly benefit amount calculated pursuant to 458 CMR 2.12, shall be reduced in direct proportion to the intermittent or reduced leave schedule.
(6) Reductions. The weekly benefit amount for a period shall be reduced by the amount of wages, wage replacement, or leave that a covered individual on family or medical leave receives for that period from
(7) Initial Seven-day Wait Period. No family or medical leave benefits are payable during the first seven calendar days after the date on which job protected leave begins. The initial seven-day wait period for paid leave benefits will count against the total available period of leave in a benefit year. Where the approved application for benefits involves leave on an intermittent or reduced leave schedule, the wait period shall be seven consecutive calendar days from the date of the first instance of leave from the employer, not the aggregate accumulation of seven days of leave. There shall be an initial seven-day wait period for each application for benefits, with the exception of medical leave during pregnancy or recovery from childbirth if supported by documentation by a health care provider that this medical leave is immediately followed by family leave, in which case the seven-day wait period for family leave shall not be required.
(8) Substitution of Employer-provided Paid Leave.
(9) Employer Reimbursement. An employer or covered business entity that makes payments to a covered individual during a period of family or medical leave that are equal to or greater than the amount required under 458 CMR 2.12(2) through (6) shall be reimbursed out of any benefits due to the covered individual or to become due from the Trust Fund by the Department. Reimbursement shall not be permitted for an employer or covered business entity that has received an approved exemption pursuant to 458 CMR 2.07.
To qualify for reimbursement from the Department an employer or covered business entity must make payments from:
The policy or program or extended illness leave bank must be granted to a covered individual for a qualifying reason under M.G.L. c. 175M, that is separate from and in addition to any accrued paid leave that is made available to the covered individual. Employers and covered business entities will not be eligible for reimbursement from the Department for payments to a covered individual where the covered individual has elected to utilize accrued paid leave whether it is in lieu of applying for benefits to the Department or supplementary to a temporary disability policy or program of an employer or covered business entity; or paid family, or medical leave policy of an employer or covered business entity. In order to be eligible for any reimbursement under 458 CMR 2.12(9), employers and covered business entities will be required to produce evidence that payments to covered individuals for a qualifying reason were consistent with the requirements set forth in 458 CMR 2.00, and M.G.L. c. 175M.
In no event shall the Department reimburse an employer or covered business entity where the covered individual has received a benefit from the Trust Fund for the same period of time.