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Update: Regulations, Self Insured and Fully Insured Exemptions

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Department of Family and Medical Leave - News
August 28, 2020
 
 
Update: Regulations, Self Insured and Fully Insured Exemptions

Over the last several weeks, the Department of Family and Medical Leave (DFML) has published updates on the following topics:

  • DFML Final Regulations which can be accessed by clicking here
  • Extension and Renewals of Fully Insured PFML Exemptions
  • Renewals of Self Insured PFML Exemptions
In order to provide you with the most up to date information, we are attaching the most recent updates below. 


 
 
Information Regarding the Extension and Renewal of Your Fully Insured PFML Exemption
August 12, 2020
 
Information Regarding the Extension and Renewal of Your Fully Insured PFML Exemption.
   
You currently have an exemption from remitting contributions to the Family and Employment Security Trust Fund (“Trust Fund”) for the period beginning October 1, 2019 and ending December 31, 2020. 
RENEWAL APPLICATIONS WILL NOT BE ACCEPTED BEFORE NOVEMBER 20, 2020. PLEASE DO NOT APPLY FOR A RENEWAL OF YOUR EXEMPTION PRIOR TO NOVEMBER 30, 2020

On November 30, 2020, the renewal application period will open for employers with fully insured private plans. You must renew your PFML exemption in MassTaxConnect by providing us with your policy form number via an Insurance Declaration Document signed by your carrier on or before December 31, 2020. This number will be located on the PFML policy forms that will be provided to you by your PFML insurance carrier. For additional guidance on renewing your private plan exemption please visit: https://www.mass.gov/info-details/applying-for-a-private-paid-leave-exemption
   
If you intend to renew and switch to a self-insured plan you may do so at this time by logging on to your PFML account in MassTaxConnect to complete the renewal application.  For more information on the self-insured application process please visit: https://www.mass.gov/info-details/requirements-for-self-insured-paid-leave-plans
  
When you submitted your application, you acknowledged that if your privately insured plan is not in force on January 1, 2021, the Employer will be responsible for PFML contributions retroactive to October 1, 2019 or the effective date of your renewal whichever is later. In the event that you fail to remit the amount of contributions owed, the Department of Family and Medical Leave (“DFML”) will pursue the collection of retroactive contributions under MGL c. 175M and MGL c. 62C. Please be sure to renew your exemption in order to avoid these actions.  
 
If you do not intend to renew your exemption, please contact the PFML Contact Center at (617) 466-3950 or you may respond by sending an e-message via MassTaxConnect. For questions related to your MassTaxConnect account, please visit www.mass.gov/masstaxconnect
 
 
 
 
 
Information Regarding Renewal of Your Self-Insured PFML Exemption
August 12, 2020
Reminder: Renewal of Your Self Insured PFML Exemption  
You currently have an exemption from remitting contributions to the Family and Employment Security Trust Fund (“Trust Fund”) for the period beginning October 1, 2019 and ending September 30, 2020.   
 
This exemption is due to expire on September 30, 2020. You must renew your exemption on or before this date by submitting a renewal application in MassTaxConnect. The application period is now open and will run through September 30, 2020.   
 
When you submitted your application, you acknowledged that if your self-insured plan is not in force on January 1, 2021, the Employer will be responsible for PFML contributions retroactive to October 1, 2019 or the effective date of your exemption whichever is later. In the event that you fail to remit the amount of contributions owed, the Department of Family and Medical Leave (“DFML”) will pursue the collection of retroactive contributions using the surety bond you submitted as well as any other collections actions allowable under MGL c. 175M and MGL c. 62C. Please be sure to renew your exemption in order to avoid these actions
To renew your exemption, please log on to your PFML account in MassTaxConnect, complete the renewal application, and attach the following documents:
  • a copy of the required revised surety bond form, with the bond amount calculated using the revised surety bond formula and
  • a self-insured declaration document, provided here.
If you do not intend to renew your exemption, please contact the PFML Contact Center at (617) 466-3950 or you may respond by sending an e-message via MassTaxConnect. For questions related to your MassTaxConnect account, please visit www.mass.gov/masstaxconnect.  

Detailed information about submitting a Request for an Exemption is available at: https://www.mass.gov/info-details/request-a-paid-family-and-medical-leave-exemption
To assist you in making sure that your self-insured plan meets the PFML requirements, we are providing a list of the self-insured PFML requirements, attached to this message. You may also view a copy of the newly updated PFML insurance template distributed to private insurance carriers by the Division of Insurance which provides many details regarding the drafting of PFML private plans. This template should be used as a guide in drafting your own self-insured plan. 
 
Calculating the Amount of Your Bond:   Please do not send information directly to the Department of Family and Medical Leave. If you have questions related to this correspondence, you may contact the PFML Contact Center at (617) 466-3950, or you may respond by sending an e-message via MassTaxConnect during regular business hours
 
 
 
 
 
Visit the DFML website

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