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Requirements for a purchased private paid leave plan

Employers seeking an exemption from making Paid Family and Medical Leave (PFML) contributions by purchasing a private plan must follow certain guidelines.

Table of Contents

General Information about a purchased private plan

Employers who intend to apply for an exemption with a purchased private plan should obtain a paid leave private plan from an insurance carrier licensed by the Division of Insurance (DOI). Once the plan has been purchased the employer should receive documentation of the paid leave policy with the policy form number approved by the DOI. This number can usually be found in the bottom left corner of the first page of your paid leave policy. The employer will then need to complete the Massachusetts Paid Family and Medical Leave Confirmation of Insured Policy Form Number.  

To comply with the Department of Family and Medical Leave's requirements, the Confirmation of Insured Policy Form Number must be signed by both a representative of the employer and a representative of the insurance carrier (electronic signatures are acceptable) and list the insurance carrier’s approved DOI policy form number. 

DOI Acknowledged Insurance Carriers

The Division of Insurance (DOI) has updated and recently published Paid Family Medical Leave Products who are approved to provide paid family and medical leave policies that meet  DFML standards. This list is updated regularly.  

Please note that most long-term and short-term disability insurance policies do not qualify for a medical leave exemption. To be approved for an exemption, a private plan must confer all the same or better benefits to its workforce, as those required by M.G.L. c. 175M, sec.11.  

In addition to the same benefits, the private plan must provide equivalent or better rights and protections as those specified in M.G.L. c. 175M, sec. 2 and 9.

Applying for a Purchased Private Plan exemption

You may apply for an exemption electronically using your MassTaxConnect account. You will need your Insurance carrier issued policy form number and a completed Massachusetts Paid Family and Medical Leave Confirmation of Insured Policy Form Number.  

If you are applying for a paid leave exemption for multiple entities see here for exemption Information for Multi-entity Employers .  

Additional Resources

Reporting a change to your approved exemption

If you are switching insurance carriers or looking to change to a self-insured plan before your exemption renewal period, you must inform the Department of this change within 30 days. To inform the Department you must send an e-message via your MassTaxConnect account explaining that you are changing insurance carrier or switching to a self-insured plans and attach the required documents. 

If you are switching insurance carrier, you must attach a new completed Massachusetts Paid Family and Medical Leave Confirmation of Insured Policy Form Number with the new carrier information and approved policy form number.  

If you are switching to a self-insured plan you will be required to obtain and attach a copy of a surety bond running to the Commonwealth of Massachusetts in an amount based upon your Massachusetts workforce size and a self-insured Insurance declaration document detailing that your plan meets all necessary requirements For further information on what is required for a self-insured exemption please see Requirements for Self-Insured Paid Leave Plans.

Additional Resources

Contact

Phone

For questions about benefits and eligibility: (833) 344-7365

Department of Family and Medical Leave - Hours of operation: Monday-Friday, 8 a.m - 5 p.m.

Fraud Reporting Hotline: (857) 366-7201

Department of Family and Medical Leave - Hours of operation: Monday-Friday, 8 a.m - 5 p.m.

For questions about contributions and exemptions: (617) 466-3950

Department of Revenue - Hours of operation: Monday-Friday, 8:30 a.m. - 4:30 p.m.

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