Paid Family Medical Leave (maternity)

Submitted by That_Stop_182 t3_1254bf5 in massachusetts

Maybe this should go under legal advice, or maybe this is just a rant, I’m not sure.

I am 32 weeks pregnant. I started with a MA non profit in January and plan to work until I deliver at the end of May. Because I will not hit 12 months when baby arrives, no FMLA. I was told I will receive the MA state minimum of 8 weeks for birth, unpaid. I will have accrued 10 days of leave (combo of sick and vaca) but was told I would need to use one day/week to cover my health insurance costs and will not receive any holidays during maternity leave, either.

I called the PFML hotline to see if I could elect to opt into the program, but apparently that’s only an option for those who are self employed. Unemployed folks are also eligible for PFML (but only if your previous employer opted into the program). Since my employer is exempt, is there any recourse here?

Out of curiosity I used the state calculator on costs to the organization to Opt into the program. We have fewer than 25 employees, so from what I understand they could withhold that from employee paychecks without contributing anything out of the annual budget. If they were feeling generous, they could pay the >$6,000/year.

This translates to .0142% of our annual budget.

I’m a bit shocked that public and non profit employees are getting completely left out of this program.

Should I circumvent my CEO and petition our board to vote to opt in? I don’t think they are aware we don’t participate. We also have employees dropping like flies so common sense would indicate a need for more robust employee retention efforts.

Anyone have similar experiences with the PFML program?

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Boston1_ t1_je2ksxu wrote

I would find a new company if they honestly couldn’t be bothered to offer some sort of maternity package or opt into the state program.. honestly might make more sense to just leave the job before the baby is born. I recently took my 12 weeks of paid state leave PFML for birth of a child.

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Altruistic_Diamond59 t1_je2lznt wrote

I didn’t think they could be exempt unless they offered an equivalent or better form of paid leave.

Why are they exempt?

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That_Stop_182 OP t1_je2n4k5 wrote

From the state website: “Municipalities, districts, political subdivisions, housing authorities, regional school districts, and regional planning commissions are types of employers that are not eligible for PFML coverage but may opt in through a vote of their governing body or committee.”

I asked my CEO (who doubles as head of HR) if it would be possible to bring to our board for an opt-in vote. They refused saying we offer sick time. However sick time is not the same as a maternity leave or medical leave policy so I’m not sure about her logic.

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hound29 t1_je2l11k wrote

Wife worked at a major non profit and wasnt eligible because of similar reasons. Was no wiggle room for minimum employment time

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Undecidedbutsure t1_je2ot0a wrote

Odds are you’re beating a dead horse. It’s peanuts to opt in, and for whatever reason your organization doesn’t want to. Going over the CEO’s head is never a good idea, unless every employee agrees with you and this is a hot topic in the workplace. Most people don’t pay attention to leave policies because they don’t need them…until they need them. I cannot tell you how many times an employee has assumed that FMLA is 100% paid leave, or that there was no waiting requirement.

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George_GeorgeGlass t1_je4c15o wrote

Did you look into any of this before taking the job? You have 8 weeks until you have this baby. Leave the position now. I wouldn’t let an employer I’ve only been with for a few months dictate my maternity leave

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That_Stop_182 OP t1_je4usnv wrote

I did some research before accepting the job but didn’t realize the exemption for the states PFML program. I knew short term disability wouldn’t be an option and that FMLA wouldn’t apply. When I accepted the job I was told “we’re a very flexible family-friendly organization and we will work with you”. I guess I accepted that at face value- lesson learned.

I feel guilty applying for new jobs at this stage, knowing I’ll be asking for leave in 8 weeks.

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InfiniteJessica t1_je2x77i wrote

Did you check on Massachusetts state PFL? I got onto that 3 months into a new job, because I had been paying into it at my previous Massachusetts job.

https://paidleave.mass.gov/login/?next=%2Fapplications%2Fget-ready%2F%3FsmsMfaConfirmed%3Dtrue

Sorry, just reread. Ugh! That’s super sucky. Part of why people get into nonprofits is the benefits, and they’re supposed to act like humans.

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That_Stop_182 OP t1_je2ygu6 wrote

Exactly! My previous public sector jobs have always had robust benefits. This is the worst I’ve seen out of multiple states.

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ladybug1259 t1_je2xj5s wrote

Do you have short term disability? Many people use that. Depending on size, your agency may also have a leave bank that may or may not cover maternity. My guess is that they don't want to deal with the hassle of reporting pay to DPFML every quarter and withholding-- and some people probably don't want them to because it's money out of their paycheck for a program they'll "never use". It's unfortunate, paid leave should be available for everyone.

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That_Stop_182 OP t1_je2ybyl wrote

No short term disability. Because I was pregnant when I took the job, it was a “preexisting condition” and not covered.

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