15. What happens if my employer doesn’t enroll me in the public PFML plan or an equivalent private plan?

An employer that is not paying into the PFML trust fund when they should be paying in has to re-pay the value of the PFML benefits that DFML pays out, plus the retroactive payroll contributions for all workers for the time they were out of compliance at the current annual rate (0.88% of payroll). G.L. c. 175M, § 8(g). The same is true if the employer fails to maintain or renew the private plan after receiving an private plan approval from DFML, and effectively offers nothing. 458 C.M.R. 2.07(7)(f). 

In both of these cases, the worker should apply in the normal way to DFML at paidleave.mass.gov of by calling the call center.  DFML will deny the application due to no wages on file or approved private plan. Then the worker must appeal, provide proof of wages, and explain that the employer did not comply with the statute by making payroll contributions or maintaining the private plan. See G.L. c. 175M, § 7(c) (“An employer's bankruptcy or noncompliance with this chapter shall not interfere with a worker's ability to collect family and medical leave benefits under this chapter. Family or medical leave benefits paid from the trust fund to such a worker may be recovered through bankruptcy proceedings or from the non-complying employer. The director shall institute administrative and legal action to recover family or medical leave benefits paid through the trust fund”).