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State Auditing PFML Notice Compliance

Posted on February 20, 2024

The Massachusetts Department of Family Medical Leave (DFML) has reportedly been conducting compliance audits of employer practices related to the notice requirements of Paid Family and Medical Leave (PFML) law.  Non-compliance with the notice requirements can lead to fines ranging from $50 per employee for first violations to $300 per employee for repeat violations.  

There are two points at which notices must be distributed to employees: upon hire and within 30 days of an annual adjustment to contribution and benefit amounts.  New hires must acknowledge receipt of the notice in writing, but the notice of updates to rates does not require an updated signature. Notices may be provided electronically. Employers must also display a poster in the workplace with current information about eligibility, contribution rates, and benefits.  

If the DFML elects to audit an organization, they will reach out by email.  Employers should confirm that their designation of leave administrator is up to date so that the notice is received by a current employee.  As communications regarding PFML may also be sent through MassTaxConnect, employers should confirm that their point of contact in that system is also current so that notices are not sent to a defunct email address.  Employers who do not respond to a notice of audit may be subject to an increase in fines, so it is important that the state has the correct contact information. 

The AIM HR Helpline team fields daily calls about PFML, indicating that employers are still becoming familiar with its requirements.  The notice provisions are straightforward, but they may be overlooked. Because non-compliance results in significant penalties, we recommend that employers review their notices and posters and ensure that they are following the DFML’s requirements. 

Members with questions about an audit, the notice requirements, or any other human resources matter may reach out to the AIM HR Helpline at 800-470-6277.