Q: Can I apply for PFML during EAD renewal if my employer is covered?

A: Since PFML in Massachusetts is funded through payroll contributions and based on your past wages, your eligibility is tied to your prior work history rather than your current work authorization. Because you have been employed and contributing while on valid H4 EAD status, you can generally apply for PFML benefits even if your EAD renewal is still pending, as long as you stop working once your current EAD expires. The leave benefit itself is not considered unauthorized work because it is a state insurance program funded through contributions, not active employment.

It is important that you do not continue working or receiving wages past your EAD expiration date. However, receiving PFML benefits after you have stopped working is not the same as performing services for pay, so it should not jeopardize your immigration status. Many individuals on temporary work authorization have been able to use PFML for medical or family leave under similar circumstances.

In your case, since your employer is covered and you contributed while authorized to work, you should be able to file a PFML claim based on that work history. The program is not treated as public assistance for immigration purposes, so it does not raise the same concerns as certain federal benefits. To protect yourself, make sure you keep clear documentation showing that you applied for PFML only after stopping work and that your claim is based on prior contributions.