Massachusetts Paid Family and Medical Leave

Navigating the Massachusetts Paid Family Medical Leave Law

Commercial Surety Application for MA - Paid Family and Medical Leave Act (Surety Bond)

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An employer or covered business entity may apply to the Department of Paid Family and Medical Leave (Department) for an exemption from paying the required contributions under Massachusetts Paid Family Medical Leave (MPFML) by offering paid family and medical leave benefits to its workforce through a private plan. Applications for such exemptions will be accepted and reviewed by the Department. Exemptions from contributions will be effective for one year and may be renewed annually. An employer or covered business entity may apply for exemption from the requirement to make contributions for medical leave coverage, family leave coverage, or both.

To be approved for an exemption from the requirement to remit contributions, an employer’s or covered business entity’s private plan must:

1. confer all the same or better benefits as those provided to employees and covered contract workers under the MPFML and
2. may not cost employees and covered contract workers more than they would be charged under the state plan administered by the Department and
3. the employer’s or covered business entity’s policies must provide equivalent or better rights and protections as those provided in MPFML, including the job- and benefit-protection provisions, the and the non-retaliation provisions. The employer or covered business entity must so certify to the department that their plans comply.

If an employer’s or covered business entity’s plan is in the form of self-insurance, the employer or covered business entity must post a surety bond with the Department .

The Department has posted the following information about the surety bond value to comply with the MPFML requirements to gain an exemption.

For every 25 employees covered by a business, DFML requires a bond value of:

• $19,000 for qualifying family leave plans
• $51,000 for qualifying medical leave plans
• $70,000 for qualifying plans for both family and medical

Example:
Number of Employees - 85