19. Misclassified workers

At present, DFML automatically denies all applications where the employer failed to remit PFML trust fund contributions. This means employees that have been misclassified as independent contractors by their employers will be denied benefits. 

The first option is to appeal the denial, submit proof of earnings, and argue that, pursuant to G.L. c. 175M, § 1 and G.L. c. 151A, § 2, the worker was an employee, and the employer should have been remitting PFML trust fund contributions. DFML currently defers to the employer’s classification of its workers. Workers who wish to challenge their misclassification should contact GBLS. 

The second option is for the misclassified worker to opt in to PFML coverage by voluntarily paying both the employer and employee contributions to the Department of Revenue (DOR) and notifying DFML of his intent to opt in to PFML. This is a cumbersome process described at these two links:

• DFML Opt in process: https://www.mass.gov/info-details/paid-family-and-medical-leave-coverage-for-self-employed-individuals
• DOR Opt In process: https://www.mass.gov/info-details/opt-in-and-contribute-to-pfml-as-a-self-employed-individual