Massachusetts PFML · Private Plan Exemptions · Multi-State

Your PFML exemption, and the twelve other states you may now be filing in.

Employers in Massachusetts — and in the ten other states that permit it — can opt out of the state PFML pool with an approved private plan, often at a lower cost and always with better service. We have run that filing since Massachusetts launched in 2021, and we now run it in every state that allows one. If your people are spread across state lines, the exemption you file at home is only the first of several.

0.88%MA rate, 25+ employees0.46% for employers under 25. Unchanged for 2026.
$1,230.39MA max weekly benefitUp from $1,170.64. Private plans must match or beat it.
26 weeksMA combined capThe most generous total entitlement in the country.
13 + D.C.Mandated programsEleven of them let you leave the state pool.
The question everyone actually asks

Will a private plan cost less than the state pool?

Often, yes — but not automatically, and not for everyone. The state charges a flat percentage of payroll regardless of who works for you. A private carrier underwrites your group: your census, your age bands, your industry, your claims history. Employers with a younger workforce, a white-collar risk profile, or an existing disability carrier are the ones who usually come out ahead. Employers with an older, higher-risk census sometimes do better staying in the pool.

That is the whole analysis, and it takes us about a week. We quote it both ways and show you the arithmetic. If the state pool wins, we tell you to stay in it.

A private plan usually makes sense when

  • Your census skews younger or lower-risk than the state average
  • You already carry short-term disability with a national carrier
  • You employ people in more than one PFML state and want one administrator
  • You want claims handled by a carrier team rather than a state agency queue
  • You want leave data flowing into your HRIS instead of living on a state portal

The state pool is often the better answer when

  • You have fewer than 25 covered individuals in Massachusetts and pay the 0.46% rate
  • Your workforce is older or in a higher-claims industry
  • You have no appetite for an annual renewal and re-approval cycle
  • You are a single-state employer with simple, stable headcount
  • Your claims experience is genuinely unknown and you would rather not be underwritten on it
Free · no obligation

Ask us to run the numbers for your group.

Send us your headcount and the states you employ in. We come back with the state cost and every private quote side by side, in about a week.

  • Every state pool you pay into vs. a private plan, priced both ways
  • All eleven exemption states covered, not just your home state
  • An honest answer — if the state pool wins, we say so
Prefer to talk it through? Call (800) 779-4090
or email service@waughagency.com
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Infographic 1 of 2

What your employees actually collect, state by state.

Every mandated program replaces a share of wages up to a weekly ceiling. Those ceilings are not close to each other — the top of the range pays nearly double the bottom. If you have a Boston office and a Wilmington office, the same salary earns very different leave pay.

Waugh Agency original analysis
2026 maximum weekly PFML benefit
Highest weekly amount an employee can receive. Jurisdictions paying benefits in 2026, ranked. Bars are to scale against a $1,765 ceiling.
$0$900$1,765
CA
California
$1,765
Since 2004 · 52w medical, 8w family
WA
Washington
$1,647
Since 2020 · up to 18w combined
OR
Oregon
$1,637
Since 2023 · 12w (+2w pregnancy)
MN
Minnesota
$1,423
New in 2026 · 20w combined cap
CO
Colorado
$1,381
Since 2024 · 12w (+16w add-ons)
MA
Massachusetts
$1,230
Since 2021 · 26w combined — longest in U.S.
NY
New York
$1,229
Since 2018 · 12w family only
ME
Maine
$1,199
New in 2026 · 12w combined cap
DC
District of Columbia
$1,190
Since 2020 · 12w + 2w prenatal
NJ
New Jersey
$1,119
Since 2009 · 12w family, 26w TDI
RI
Rhode Island
$1,103
Since 2014 · only 7w family leave
CT
Connecticut
$1,016
Since 2022 · 12w (+2w pregnancy)
DE
Delaware
$900
New in 2026 · 12w cap
Not yet paying: Maryland begins contributions January 2027 and benefits January 2028 with an initial $1,000 weekly maximum. Virginia begins contributions April 2028 and benefits December 2028. Ten more states run voluntary programs through private insurance rather than a mandate.
The Massachusetts read

Mid-pack on the weekly number. First in the country on the total. Massachusetts pays a $1,230 weekly maximum — sixth of thirteen. But it pays for up to 26 weeks combined, more than any other state. Rhode Island, which has had a program since 2014, pays family leave for just seven. Depth of benefit, not the headline rate, is what decides whether a private plan is worth pricing — which is why the answer differs state by state.

Source: state statutes and 2026 agency rate filings — Cal. Unemp. Ins. Code §§2601–3306; M.G.L. c. 175M; RCW Title 50A; ORS ch. 657B; Minn. Stat. ch. 268B; C.R.S. §§8-13.3-501 et seq.; N.Y. Work. Comp. L. art. 9; 26 M.R.S.A. ch. 7; D.C. Code §§32-541.01 et seq.; N.J.S.A. 43:21-25 et seq.; R.I. Gen. Laws §§28-39, 28-41; Conn. Gen. Stat. §§31-49e–31-49k; Del. Code tit. 19 ch. 37. Figures current as of July 2026 and change annually.
Proprietary content. Compiled and designed by Waugh Agency, LLC from primary statutory sources. © 2026 Waugh Agency, LLC. All rights reserved. You may share this chart in unaltered form with visible attribution and a link to waughagency.com/pfml-exemption/. Removing the Waugh Agency mark, or reproducing this analysis as your own, is prohibited. To license it or request an updated version, email service@waughagency.com.
Waugh Agency Insurance © 2026 Waugh Agency, LLC
waughagency.com
How we got here

Massachusetts was not first. It was the one that raised the bar.

California has been paying family leave benefits since 2004, New Jersey since 2009. But those early programs were bolted onto temporary disability systems built in the 1940s, and the family leave piece was thin — California started at six weeks, Rhode Island at four. Massachusetts, Washington and D.C. were the first programs designed from scratch as unified family and medical leave. Massachusetts came out of that wave with the deepest entitlement in the country, and it still holds that position.

2004CaliforniaFirst in the nation. Six weeks of family leave, added to a 1946 disability system.
2009New JerseyFamily leave insurance layered onto its 1948 TDI program.
2014Rhode IslandFour weeks of caregiver leave. Still only seven today.
2018New YorkFamily leave only — no medical leave component in the program.
2020Washington & D.C.First programs built from scratch rather than on a disability system.
2021MassachusettsFamily and medical leave in one program, up to 26 weeks combined — the deepest entitlement enacted anywhere.
2022–24CT · OR · COThe Massachusetts model spreads through the Northeast and West.
2026DE · MN · METhree more start paying. Maryland and Virginia follow in 2028.
Infographic 2 of 2

Where you can leave the state pool — and what it costs you to try.

Eleven of the thirteen jurisdictions now paying benefits will let you substitute an approved private plan. Two will not. Every one of the eleven has its own application, its own approval window, and its own way of tripping you up.

Waugh Agency original analysis
Private plan exemptions — availability and the catch
Whether an employer may substitute an approved private or self-insured plan for the state program, and the requirement most often missed.
Private plan permitted — 11 State program only — 2
MAMassachusetts
Permitted

Approval runs one year and must be renewed. Since July 2026 requests and renewals go through the DFML Employer Portal, and the plan must be updated each year to the new $1,230.39 maximum.

CACalifornia
Permitted

Voluntary Plan must beat the state on at least one benefit, cost employees no more, and let any employee reject it. Opt out of one program and you opt out of both.

CTConnecticut
Permitted

A majority of your Connecticut employees must vote to approve the plan before you apply. Approval lasts three years unless the plan materially changes.

NYNew York
Permitted

Effectively private-first — most employers already satisfy PFL through a DBL carrier rider rather than a state fund.

NJNew Jersey
Permitted

Private plan election covers TDI and FLI. Employee-paid contributions cannot exceed the state rate.

WAWashington
Permitted

Voluntary plans are approved per benefit type. Note the employer threshold dropped from 50 to 25 employees on January 1, 2026.

OROregon
Permitted

Called an "equivalent plan." Requires a $250 application fee and re-approval on a fixed cycle.

COColorado
Permitted

Private plan must be approved before the quarter begins, and you still file quarterly wage reports with FAMLI.

MNMinnesota
Permitted

Equivalent Plan Substitution Request. Brand new for 2026 — approval timelines are still settling.

DEDelaware
Permitted

Private plans must be elected per coverage type. Benefits only began January 2026.

MEMaine
Permitted

Called a "substitute plan." Approval is good for three years, then recertification. Benefits started May 2026.

RIRhode Island
State program only

No private plan substitution. TDI and TCI are state-administered, full stop. You contribute 1.1% and that is the end of it.

DCDistrict of Columbia
State program only

No opt-out. Also the only program funded entirely by the employer — 0.75% of wages, no employee share.

Statutory basis: M.G.L. c. 175M §11 · Cal. Unemp. Ins. Code §3251 et seq. · Conn. Gen. Stat. §31-49g · 12 NYCRR §380-7 · N.J.S.A. 43:21-32 · RCW 50A.30 · ORS 657B.210 · C.R.S. §8-13.3-521 · Minn. Stat. §268B.10 · Del. Code tit. 19 §3711 · 26 M.R.S.A. §850-K. Current as of July 2026; rules and portals change frequently.
Proprietary content. Compiled and designed by Waugh Agency, LLC from primary statutory sources. © 2026 Waugh Agency, LLC. All rights reserved. You may share this chart in unaltered form with visible attribution and a link to waughagency.com/pfml-exemption/. Removing the Waugh Agency mark, or reproducing this analysis as your own, is prohibited. To license it or request an updated version, email service@waughagency.com.
Waugh Agency Insurance © 2026 Waugh Agency, LLC
waughagency.com
The exemption filing, step by step

How the exemption actually gets approved.

No state agency will approve a plan that is one dollar short or one day late. Here is the sequence we run for every client, in every state that allows an exemption. The specifics below are Massachusetts, because it is the strictest and the one most of our clients start with — the steps themselves are the same everywhere, with each state's own portal, deadline and renewal cycle swapped in.

1

Market the coverage

We quote your group with the carriers writing private PFML in each state you employ in, and price a self-insured option with a surety bond where headcount justifies it. You see every state's public rate and every private quote on one page.

2

Confirm the plan qualifies

The private plan must match or exceed every state benefit and protection — including the 2026 maximum of $1,230.39 per week, 12 weeks family, 20 weeks medical, 26 weeks combined, and job protection. No greater cost to employees than the state rate.

3

File through the Employer Portal

Since July 2026 exemption requests and renewals run through the DFML Employer Portal rather than the old MassTaxConnect flow. We prepare and submit the request, upload the policy or bond, and track it to approval.

4

Mind the quarterly deadline

Exemptions take effect at the start of a quarter and must be approved before it begins. Miss the window and you owe the state contribution for the entire quarter, even with a private policy already in force.

5

Notify your employees

Written notice of the private plan, the benefit amounts, and how to file a claim — with acknowledgements collected. We supply the notice and load it into Employee Navigator so it is captured and dated.

6

Renew on schedule

Approval periods differ by state — one year in Massachusetts, three in Connecticut and Maine, a fixed cycle in Oregon. Each renewal must reflect that year's new maximum weekly benefit. We calendar every one of them, update the plans, and refile. You do not have to remember any of it.

Most common failure

The plan lapses at renewal because nobody updated the maximum. When the state ceiling moved from $1,170.64 to $1,230.39 for 2026, every private plan had to move with it. A plan that still pays the old maximum is no longer equivalent, and the exemption fails on review — retroactively.

If you employ across state lines

One remote hire can put you into a program you have never heard of.

Contributions follow where the work is localized, not where your office is. A Boston company that hires one engineer in Denver is now a Colorado FAMLI employer — registration, quarterly wage reports, employee notice, the whole apparatus. Hire in Minneapolis and Wilmington in the same year and you have picked up two more programs that only started paying benefits in 2026.

What we handle

  • State-by-state cost comparison: private plan against each state pool
  • Exemption applications, renewals, recertifications and portal filings
  • One carrier and one renewal date across every state you employ in
  • Coordination with your STD, LTD, FMLA and PTO policies so benefits do not stack wrongly
  • Employee notices, acknowledgements and documentation in Employee Navigator
  • A compliance calendar we own, so deadlines never reach you as a surprise

Why coordination matters more than the premium

  • State PFML and FMLA run concurrently — but the FMLA substitution rule does not apply during PFML-paid weeks
  • Some states let you integrate STD with the state benefit; others prohibit any reduction
  • Getting the offset wrong means overpaying employees or underpaying them — waste or liability
  • LTD elimination periods must account for the state program or you create a coverage gap
  • Health premiums still have to be collected during leave, and the rules differ by state
Questions we get weekly

PFML exemptions, answered plainly.

Does a private plan have to be insured, or can we self-insure?

Either, in most states. Massachusetts, like the majority of exemption states, allows a fully insured private plan or a self-insured plan backed by a surety bond. The bond amount scales with your covered workforce, which is usually what decides it — below a few hundred employees, an insured plan is generally simpler and lower-cost to carry.

If we get an exemption, do we still file anything with the state?

Yes. You are exempt from remitting contributions, not from the program. You still report wages, still provide notice, and still renew the exemption annually. Several other states, Colorado among them, keep you on quarterly wage reporting even with an approved private plan.

What happens if our exemption is denied or lapses?

You owe contributions back to the start of the quarter, plus interest. This is why the quarterly approval deadline matters more than the policy effective date — having coverage in force is not the same as having an approved exemption.

We have employees in Massachusetts and three other states. Can one carrier cover all of them?

Usually, yes. The national disability carriers write multi-state statutory programs on a single case with one renewal date. That single administrator is often worth more than the premium difference — it is the difference between one renewal conversation a year and four.

Our workforce is small. Is this worth the effort?

Several states discount the rate for small employers — under 25 covered individuals in Massachusetts you pay 0.46% and owe no employer share, and Maine and Oregon have similar breaks. That is a low bar for a private plan to beat, and we will tell you plainly when it does not. Where small employers gain most is service and claims handling, not premium.

Massachusetts was not the first state to do this. Why does that matter?

Because the early programs — California, New Jersey, Rhode Island — were built on 1940s temporary disability systems and their family leave benefits stayed thin. Massachusetts designed its program from scratch in 2018 with family and medical leave together and up to 26 weeks combined. More generous benefit means more premium at stake — which is exactly why the private-plan analysis pays off in some states and not others, and why it has to be run state by state rather than assumed.

Free exemption review · no obligation to switch

Let's find out whether you are overpaying.

Send us your census and the states you employ in. We come back with the public rate and every private quote side by side, for each program you are in. Where the state pool is the better deal, we will say so.

(800) 779-4090 service@waughagency.com
Mon–Fri 8:30am–7:00pm · Sat 10:00am–4:00pm
Waugh Agency, LLC · 22 Bateson Drive, Andover, MA 01810
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Figures reflect 2026 published state rates and maximums and change annually; several programs began paying benefits in 2026 and continue to issue guidance. This page is general educational information for employers, not legal, tax, or insurance advice for a specific situation. Waugh Agency, LLC is an independent insurance agency and an Employee Navigator License Holder, not affiliated with Employee Navigator. Charts and analysis © 2026 Waugh Agency, LLC — reproduction without attribution is prohibited.