Legal Alert: Clients With Massachusetts Private PFML Plans Renewing After July 1, 2026

This alert applies to any employer with at least one employee in Massachusetts, even if the employee is remote.

Massachusetts employers are required to comply with the requirements of MA Paid Family and Medical Leave (PFML) by either participating in the state plan or by requesting an exemption and obtaining a private equivalent plan. The MA Department of Family and Medical Leave (DFML) now requires all exemption filings and renewals to be submitted through the PFML Employer Portal rather than MassTaxConnect. Employers using My MassGov for the first time will need to create an account.

• Who this affects and when to file: This applies to employers that are subject to Massachusetts Paid Family and Medical Leave with purchased or self-insured private plans seeking exemption from state PFML contributions. Exemptions generally last four quarters, and renewal may be filed in the quarter before expiration.
• Timing and processing: Employers should file at least 30 days before the requested effective date to reduce the risk of delayed approval or denial after that date.
• Documentation: Renewal materials depend on plan type. Insured plans require the Massachusetts PFML Confirmation of Insurance form from the carrier, so an updated form should be requested from the vendor in advance.

Note on self-funded groups: Self-funded plans should use the state model plan declaration document; submitting a custom plan document may result in denial. Proof of surety bond coverage is also required, calculated at $16,000 for every 25 covered employees, rounded up to the next increment of 25 (for example, 230 employees is rounded to 250, requiring $160,000 in coverage).

For groups moving back to the public DFML program: Employers that do not plan to renew a private plan exemption must notify covered individuals at least 30 calendar days before the exemption expires. DFML must also be notified within that timeframe by completing this form. Failure to do so may result in penalties and liability for benefits paid.

About Alera Group Alera Group is an independent financial services firm with more than $1.5 billion in gross revenue, offering comprehensive property and casualty insurance, employee benefits, wealth services and retirement plan solutions to clients nationwide. Working collaboratively across specialties and across the country, Alera Group’s team of more than 4,600 colleagues offer unique solutions, personalized services and proactive insights to help ensure each client’s business and personal success. For more information, visit aleragroup.com and follow us on LinkedIn.