© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 149 3. Private Plan Exemptions Employers seeking a private plan exemption may apply for an exemption from family leave coverage, medical leave coverage, or both.886 All employees and former employees must be covered by the employer’s private plan to receive approval from an exemption.887 Employers who receive approval for a private plan exemption are not required to pay contributions to the DFML but may deduct the employee contribution amount from an employee’s wages to fund the private plan.888 To be eligible for an exemption, an employer’s plan must (a) confer all of the same or better benefits to employees; (b) not require employees to pay more than they would be required to pay to participate in the Commonwealth’s MPFML program; (c) provide employees with a process to appeal the denial of benefits with the private plan administrator before an employee can exercise their right to appeal with the DFML; (d) provide notice to employees of their rights to appeal along with any adverse determination; and (e) when determining the benefit amount and leave allotment, employers must calculate the weekly benefit amount and leave allotment based on the employee’s average working week in addition to any wages or qualified earnings with the employer at the time of an application for benefits.889 Employers may not require employees to use sick, vacation, personal time, or other paid time off prior to or while taking leave under the MPFML.890 4. Notice and Posting Requirements Employers must display a workplace poster in English and in each language which is the primary language of 5 or more individuals in the employer’s workforce. The MPFML also requires that employers provide written notice in electronic or paper form to employees regarding the MPFML within 30 days of commencement of employment.891 The notice must be signed by the employee and provide them with an opportunity to accept or decline receipt of the information in the notice.892 If an employee does not acknowledge receipt of the notice, the DFML will find that the employer complied with the notice requirement if it can establish that it provides each member of its current workforce with notice and an opportunity to acknowledge or decline to acknowledge receipt.893 The DFML prepares sample notices each year, but employers may prepare their own notices as long as they contain the following information: (a) an explanation of the availability of family and medical leave benefits; (b) the contribution amount and obligations of the employer and the employee; (c) the employers name and mailing address; (d) the employer identification 886 M.G.L. ch. 175M, § 11; 458 CMR 2.07(1)(a). 887 Id. 888 458 CMR 2.07(1)(b) (employees who receive approval for one leave type only (either family for medical) must file a return and pay contributions for the leave type which has not been approved). 889 M.G.L. ch. 175M, § 11; 458 CMR 2.07(2). 890 M.G.L. ch. 175M, § 2. 891 M.G.L. ch. 175M, § 4; https://www.mass.gov/info-details/informing-your-workforce-about-paid-family-and-medical-leave, (last visited Mar. 6, 2025). 892 Id. 893 Id.
RkJQdWJsaXNoZXIy OTkwMTQ4