February Compliance Updates for Employers: HIPAA, TPS & Massachusetts PFML Changes
News February 11, 2026
HIPAA Privacy Notice Update Required by February 16, 2026
Employers that sponsor group health plans may need to update their HIPAA Notice of Privacy Practices (NPP) by February 16, 2026, to reflect new federal confidentiality requirements for substance use disorder treatment records.
As outlined by Fisher Phillips, a 2024 HHS final rule modified HIPAA notice requirements to align with stricter “Part 2” regulations. The changes apply to certain employers with self-funded plans, and some fully insured plans, that create or receive protected health information.
Affected employers should review their plans, update their NPP as needed, and ensure proper distribution before the deadline.
Read the full Fisher Phillips article for complete details and compliance guidance: Fisher Phillips article
Temporary Protected Status (TPS) Changes
Haiti Update:
TPS for Haiti was scheduled to terminate on February 3, 2026. However, on February 2, 2026, a federal court issued an order temporarily stopping the termination. As a result, Haiti’s TPS designation and related work authorization remain in effect for now. Certain Employment Authorization Documents (EADs) have been extended per court order, and employers should follow updated USCIS guidance when completing Form I-9 and E-Verify.
The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti with an original expiration date of February 3, 2026, August 3, 2025, August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017 is extended per court order. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).
When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “03-15-2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Haiti webpages and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of “03-15-2026” from the Form I-9. Check back to USCIS websites regularly for updated information.
Please also check the TPS Haiti page regularly for updates.
Additional TPS Updates:
The U.S. Citizenship and Immigration Services (USCIS) has announced changes to Temporary Protected Status (TPS) designations that affect individuals from several countries. This includes Haiti, Burma (Myanmar), Somalia, Honduras, Nepal, Nicaragua, Ethiopia, South Sudan, and Venezuela, though some end dates and designations remain pending due to ongoing litigation. Conditions in these countries may continue to qualify eligible nationals for TPS protections and work authorization.
Key takeaway: Employers with TPS-holding employees should closely monitor USCIS updates. Litigation and policy changes may extend status periods or alter employment eligibility timelines.
- Check the TPS Haiti page regularly for updates
- Temporary Protected Status | USCIS
- Litigation-Driven Extensions: USCIS TPS Pages Updated, End Dates TBD | Seyfarth Shaw LLP
Massachusetts PFML Update:
Recap of 2025 Employer Portal Enhancements
We work to continually improve the PFML program in order to give employers in Massachusetts the best experience possible. Many of the enhancements that we implemented in 2025 were influenced by feedback from employers and Leave Administrators. Here is an overview of some of the features we introduced last year to improve the employer portal:
- Timeline and To-Do Column on Applications List Page: Details have been added to provide increased visibility and highlight action items for employee leave applications.
- CSV Download: Leave Administrators now have the option to download leave data from the employer portal in Comma-Separated Value (CSV) file format.
- Enhanced Reminders: Leave Administrators now receive helpful reminders to complete application reviews as soon as possible, as well as additional reminders throughout the 10-business-day window to review an application.
- Leave Allotment View: A leave allotment page has been added to the employer portal to provide further insight into each employee’s leave details, including the amount of leave an employee has taken and how much they may be eligible for in their current benefit year
- Live Chat: Get live assistance from a member of the DFML team. This feature is still in a pilot phase with limited availability.
Annual Leave Administrator Survey
Please participate in a survey about your experience as a Leave Administrator managing PFML. Your response is important to help us understand your satisfaction with the employer process and to inform our ongoing planning and improvement efforts. The survey should take less than 5 minutes to complete. Please respond no later than Friday, March 6th, 2026.
→Click here to take the survey←
Thank you for your time and participation!
Important Annual Updates
A reminder of previously announced updates for 2026:
- The PFML 2026 Maximum Weekly Benefit Amount is $1,230.39.
- DFML released the PFML 2026 Employer Contribution Rates for both employers with fewer than 25 eligible workers and employers with 25 or more eligible workers. The contribution rate remains the same as 2025.
- DFML released the 2025 PFML Annual Report detailing information about program activity during 2025 fiscal year.
- The 2026 mandatory workplace poster is available: Get updated posters, notices, and rate sheets.
An Update on the Taxability of PFML Benefit Payments
In January 2025, the IRS issued guidance on the taxability of PFML benefit payments. Under the guidance, DFML and certain employers have new tax withholding and reporting obligations related to taxable benefit payments. In December 2025 the IRS postponed enforcement of portions of the guidance, including reporting and remitting requirements relating to FICA taxes. Employers and employees should be aware that these requirements are scheduled to go into effect in January 2027. Learn about newly updated tax guidance for Massachusetts employers.