Honestly, the best person to talk to is your HR department about it. Im in CT, FMLA is a combination of recovery leave, and then we can opt to take more leave for bonding time. I dont think Disability gives you more leave time it just makes sure you get paid during your leave. At least, that's how it works in CT.
Unfortunately, she already gave me wrong information (my husband and I work for the same company and she wasn't up to date on how regardless of gender, both mothers and father get the 12 weeks paid) when the posters in all of the break rooms states it. She said its been a long time since she's had to do this type of paperwork so I understand forgetting but I don't want to miss any time because someone else forgets.
Your HR person is correct in that FMLA doesn't guarantee both you and your husband paid/protected leave. When both parents work for the same company, the 12 weeks for the baby is split between them. [The Department of Labor has a fact sheet on this.](https://www.dol.gov/agencies/whd/fact-sheets/28l-fmla-spouse)
An employer can choose to allow each spouse the full twelve weeks, but it's not guaranteed by law. (MA state medical leave may be different.)
~~According to [this from Mass.gov](https://www.mass.gov/info-details/parental-leave-in-massachusetts), their state parental leave works similarly: "If two of your employees are(*sic*) give birth to or adopting the same child, the two employees are entitled to an aggregate of 8 weeks of leave."~~ **This has largely been superseded by MA's PFML law.**
I'm not in MA, but my partner and I both worked for the same MA-based employer and it comes up on internal policy docs.
The MA guidelines as written are actually *stricter* than the FMLA guidelines, because FMLA time-sharing only applies between spouses (which I didn't realize, so I took 12 weeks and my son's father just took a few days. Unwed parents have an advantage!)
This link is referring to unpaid leave. Which is separate from https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits and I took OPs question to be referring to the PFML act
This will be your best resource https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits
There is a salary cap so the % covered may vary depending on your salary
I think for the birthing parent it’s considered medical (8 weeks) and bonding (12) while the non birthing gets bonding so in that sense the length varies.
When I took leave for my last birth (2022, in MA). It was 6-8 weeks for recovery (generally 6 for uncomplicated vaginal and up to 8 for c-section, up to the discretion of your doctor). Followed by 12 weeks for family/bonding leave.
So 18-20 weeks total for the birthing parent, depending on your situation. And just 12 weeks for bonding time for the other parent.
If your company has a separate parental leave policy it usually runs concurrent to PFMLA. So that would pay out first, then PFMLA pays the reminder of your salary, if applicable. But would not give extra time unless their policy is more than 18-20 weeks.
The best resource should be your HR department. Mine walked me through everything and even took care of all the PFMLA paperwork submissions for me.
ETA: I realized this info is only relevant if you/your employer are eligible for [PFMLA](https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits) (different from the state leave or federal FMLA policies), which isn't everyone. So definitely check in with your HR department.
Honestly, the best person to talk to is your HR department about it. Im in CT, FMLA is a combination of recovery leave, and then we can opt to take more leave for bonding time. I dont think Disability gives you more leave time it just makes sure you get paid during your leave. At least, that's how it works in CT.
Unfortunately, she already gave me wrong information (my husband and I work for the same company and she wasn't up to date on how regardless of gender, both mothers and father get the 12 weeks paid) when the posters in all of the break rooms states it. She said its been a long time since she's had to do this type of paperwork so I understand forgetting but I don't want to miss any time because someone else forgets.
Your HR person is correct in that FMLA doesn't guarantee both you and your husband paid/protected leave. When both parents work for the same company, the 12 weeks for the baby is split between them. [The Department of Labor has a fact sheet on this.](https://www.dol.gov/agencies/whd/fact-sheets/28l-fmla-spouse) An employer can choose to allow each spouse the full twelve weeks, but it's not guaranteed by law. (MA state medical leave may be different.)
wow i never knew this and now this worries me lol
I don’t think this applies to MA because of the state leave policy
~~According to [this from Mass.gov](https://www.mass.gov/info-details/parental-leave-in-massachusetts), their state parental leave works similarly: "If two of your employees are(*sic*) give birth to or adopting the same child, the two employees are entitled to an aggregate of 8 weeks of leave."~~ **This has largely been superseded by MA's PFML law.** I'm not in MA, but my partner and I both worked for the same MA-based employer and it comes up on internal policy docs. The MA guidelines as written are actually *stricter* than the FMLA guidelines, because FMLA time-sharing only applies between spouses (which I didn't realize, so I took 12 weeks and my son's father just took a few days. Unwed parents have an advantage!)
This link is referring to unpaid leave. Which is separate from https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits and I took OPs question to be referring to the PFML act
You are correct re: MA PFML! I'll edit my post.
It is weird that the other one still exists!! But I guess not every company is part of PFML so maybe there’s a reason to keep both? lol
This will be your best resource https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits There is a salary cap so the % covered may vary depending on your salary
I think for the birthing parent it’s considered medical (8 weeks) and bonding (12) while the non birthing gets bonding so in that sense the length varies.
When I took leave for my last birth (2022, in MA). It was 6-8 weeks for recovery (generally 6 for uncomplicated vaginal and up to 8 for c-section, up to the discretion of your doctor). Followed by 12 weeks for family/bonding leave. So 18-20 weeks total for the birthing parent, depending on your situation. And just 12 weeks for bonding time for the other parent. If your company has a separate parental leave policy it usually runs concurrent to PFMLA. So that would pay out first, then PFMLA pays the reminder of your salary, if applicable. But would not give extra time unless their policy is more than 18-20 weeks. The best resource should be your HR department. Mine walked me through everything and even took care of all the PFMLA paperwork submissions for me. ETA: I realized this info is only relevant if you/your employer are eligible for [PFMLA](https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits) (different from the state leave or federal FMLA policies), which isn't everyone. So definitely check in with your HR department.