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The United States Leave Law Report Vol. 8

Tilt on April 23, 2024

It’s a new quarter and we’re committed as ever to keeping you informed and equipped with the latest developments in leave laws. We understand the importance of staying informed of these changes as you navigate the diverse and evolving People Ops landscape.

At Tilt, our team of leave law experts remains dedicated to monitoring the evolution of leave laws year-round. It’s our mission to ensure that you are well-informed and prepared to address any changes that may impact your organization.

In this report, we provide you with the most recent updates to leave programs, offering insights into how these changes might affect you and your team. We believe that staying informed is key to effectively supporting your employees while also maintaining compliance with relevant regulations.

We hope you’ll find the information contained in the United States Leave Law Report Vol. 8 valuable as you continue to prioritize the well-being of your workforce and navigate the complexities of leave laws.

Thank you for your continued trust in Tilt as your partner in managing leave programs effectively and compliantly! Should you have any questions or require further assistance, please do not hesitate to reach out.

Looking for insights from previous volumes? See what you might have missed here.

Federal Legislation: Paid Family & Medical Leave (PFML)

TL;DR: National PFML faces gridlock, so Congress considers alternate route

President Biden’s proposed budget for the 2025 fiscal year calls for a national program that would provide eligible workers with up to twelve weeks of paid family and medical leave. The proposal will likely fail due to a divided Congress–but as reported in previous leave law reports, bipartisan working groups in both chambers are drafting legislation with more modest goals and a higher likelihood of success.

The legislation will likely help states develop paid leave programs in partnership with private insurance carriers, with efforts to coordinate and harmonize programs across states. Although this approach would expand employee access to paid leave, its piecemeal nature will create more complexity than we’d see under a comprehensive, national program.

National Protections: PWFA Regulations

TL;DR: EEOC finally delivers PWFA regulations (way past due date)

The national Pregnant Workers Fairness Act (PWFA) went into effect in June 2023 and requires employers to provide reasonable accommodations to job applicants and employees with known limitations related to, affected by, or arising out of pregnancy, childbirth or related conditions.

The Equal Employment Opportunity Commission (EEOC) enforces the PWFA and was required to issue regulations clarifying the law by December 29, 2023. The EEOC finally delivered its final rule and interpretive guidance in a 408-page document on April 15, 2024.

Some key points:

The PWFA has broad coverage: it applies not only to pregnancy and recovery from childbirth but also to fertility and infertility treatments, menstruation, lactation, abortion, miscarriage, stillbirth and many other conditions or situations associated with pregnancy or childbirth. The PWFA does not apply to bonding time.
Under the PWFA, limitations requiring accommodation can be impediments or problems that are minor or modest and can be episodic (such as morning sickness).
When an employee provides notice of the need for a PWFA accommodation, an employer should engage with the employee in an interactive process.
Employers can’t require an employee to take leave if another reasonable accommodation would permit the employee to keep working.
- However, an employee can request leave as a reasonable accommodation–and depending on the circumstances, the employee may be entitled to the leave under the FMLA or a state leave law.
Employers are not required to seek supporting documentation and can do so only when reasonable.
- The information requested must be limited in scope and employers can’t require that employees provide it on a specific form.
- The regulations specify that employers should accommodate certain requests in virtually all cases without documentation or delay, including permitting pregnant employees to carry drinking water, stand if the job requires sitting (and vice-versa), or take breaks to eat, drink or use the restroom.

Tilt has supported requests for leave as an accommodation under the PWFA since the law went into effect last year. We’ll review our PWFA leave processes and forms to ensure they’re consistent with the final regulations, which become effective on June 18, 2024.

We encourage employers to consult with counsel to review internal pregnancy accommodation policies and forms and update them as needed.

State PFML Programs - Overview

TL;DR: Two states swing and miss on mandatory PFML; one scores voluntary PFML

State PFML programs can be either mandatory or voluntary. Mandatory programs are funded through payroll deductions and guarantee wage replacement benefits to eligible employees who need leave for a qualifying reason.

In contrast, voluntary programs permit, but do not require, employers or employees to purchase PFML insurance as a private market product. The voluntary approach hasn’t meaningfully expanded employee access to paid leave, especially for lower-wage workers.

Mandatory Program Updates

Last quarter, we reported that thirteen states (and Washington D.C.) had enacted mandatory PFML laws, and that number hasn’t changed. Mandatory PFML benefits are currently available in California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Washington and Washington D.C. Paid benefits will become available in Delaware, Maine, Maryland and Minnesota in 2026.

New Mexico was expected to pass legislation in February that would have made it the fourteenth state to mandate PFML benefits. The state’s PFML bill passed the Senate but narrowly failed in the House on a 34-36 vote. The bill’s backers have committed to reintroducing PFML legislation in the February 2025 session.

Also, Virginia’s Democrat-controlled state legislature passed a bill in March that would have established a mandatory PFML program. However, Republican Governor Glenn Youngkin vetoed the bill on April 5th, so Virginia will remain a voluntary PFML state for now.

Voluntary Program Updates

On April 5th, 2024, Kentucky’s governor signed a voluntary PFML bill into law, making it the ninth state to adopt this approach. Kentucky joins Alabama, Arkansas, Florida, New Hampshire, Tennessee, Texas, Virginia and Vermont as a voluntary PFML state.

State PFML Programs - Major Updates

Oregon

TL;DR: Oregon works to organize its alphabet soup of leave laws and programs

In response to complaints about delays, Oregon’s Paid Leave Oregon (PLO) program has reportedly reduced the time from application to bank transfer from 39 days in 2023 to 29 days so far in 2024–which is within the department’s 30-day target. Call wait times remain high, averaging over an hour in the first week of April. Despite the challenges, PLO has paid over $306 million in benefits on over 50,000 approved claims in its first six months of operation.

Oregon’s legislature has also been busy addressing employer concerns about the interaction of PLO and the state’s unpaid Oregon Family Leave Act (OFLA). At present, both PLO and OFLA provide leave to eligible employees for medical, caregiving or bonding reasons. Also, under current law, PLO and OFLA leaves can run concurrently, but employees can often “stack” their leave entitlements to remain out longer.

As of July 1st, there will be changes to OFLA and PLO to ensure they’re better aligned. OFLA will apply only when PLO does not and will provide unpaid, job-protected leave in fewer situations:

Bereavement leave (limited to 2 weeks per family member and 4 weeks a year)
Pregnancy-related disability leave
Sick child leave (whether a serious health condition or not)

These changes will reduce redundancy and an employee’s ability to stack PLO and OFLA leave in many, but not all, cases. In addition, employees can still stack PLO and FMLA in certain instances, so Oregon leaves will remain tricky for employers. We are updating our technology to apply these new rules when building leaves that extend beyond July 1st.

Another important change to PLO is that, as of July 1st, employees will have the right to use any accrued paid sick/vacation/PTO to top up their paid leave benefits to 100% of their regular compensation. Employers will also have the option to allow employees to use their accrued benefits to receive more than 100% of their regular pay.

State PFML Programs - Quick Hits

Washington State

TL;DR: More WA PFML info available to employers

As of January 1, 2024, Washington’s Paid Family and Medical Leave (PFML) program started providing employers greater access to information about WA PFML claims.

Employers can now access the following information in the Employment Security Division (ESD) employer portal:

Leave type requested
Requested duration of leave
Approved dates of leave
Whether benefits were paid for any given week

Although this transparency is encouraging, the portal still doesn’t provide employers with certain details needed to manage leave and coordinate benefits effectively, such as WA PFML payment amounts, the hours of benefits used or remaining, or whether leave time is continuous or intermittent.

New York

TL;DR: Paid Prenatal Personal Leave in 2025

At present, New York’s state disability benefits (NY DBL) are available to eligible pregnant employees up to four weeks before their due date, following a seven-day waiting period, which means that NY DBL typically can’t be used for prenatal appointments.

To address that deficiency, New York has amended its sick time law to require employers to provide pregnant employees with an additional 20 hours of paid time off to attend pre-natal appointments, starting in 2025.

Maryland

TL;DR: Further PFML delays expected

Maryland’s legislature has passed a bill that would once again delay the implementation of its state PFML program. If the governor signs the bill into law as expected, PFML contributions will begin on July 1, 2025, instead of October 1, 2024, and paid benefits will begin on July 1, 2026, instead of January 1, 2026.

Minnesota

TL;DR: Employer PFML obligations begin in July 2024

Although Minnesota’s PFML program doesn’t start paying benefits until 2026, most Minnesota employers must start submitting quarterly wage detail reports to the Minnesota Department of Economic Development (DEED) as of July 1, 2024.

Thank you for your interest in learning more about the latest leave laws impacting states across the country! At Tilt, we live and breathe all things leave and are passionate about supporting and educating everyone on the importance of empathetic and compassionate leaves of absence. If you have any questions about the latest leave laws or about how to better support your people when they need a leave…drop us a line.

About Tilt

Tilt is leading the charge in all things leave of absence management through easy-to-use tech and human touch. Since 2017, our proprietary platform and Empathy Warriors have been helping customers make leave not suck by eliminating administrative burdens, keeping companies compliant, and providing a truly positive and supportive leave of absence experience for their people.

How to Be a Dream Employer When Your Employee Faces a NICU Nightmare

Tilt on January 25, 2024

Awaiting the birth of your child is a really exciting time for families. Yet sometimes things don’t go as planned and your baby may need some extra love and care in the NICU. This is an extremely stressful time for parents. How you show up and support your employee during this tough time is critical for creating a great culture that values and cares for its people.

As a manager, it is important that you respond with empathy. Put yourself in your employee’s shoes. Not only are they worried about the health and well-being of their newborn, but they are also navigating the physical and emotional challenges of hospital life including the lack of sleep, financial worries, and family responsibilities. Let them know that you will do what you can to help them balance their work responsibilities with their child’s needs. A few ways to do this are re-evaluating their return to work date, considering a flexible work schedule or leaning on company tools and resources like Employee Assistance Programs for some extra support.

Allowing your NICU parent a longer leave of absence can be a huge relief. Check in with the HR team and ask if there are any organizational policies that allow your employee to take a paid leave of absence. Keep in mind your employee may be entitled to unpaid leave such as FMLA or other state leave laws. Make sure you understand and can communicate the logistics for applying for an extended leave. Be aware that certain laws such as the FMLA require you to continue your employee’s insurance coverage. Doing this background work for your employee is a huge help. It allows them to focus on their infant. Keep them informed about what you have learned and use this as a jumping off point to discuss their return to work date.

Continue to check in with your employee when they return to work and consider a flexible work plan especially if their babe is still in the NICU. Examples of flexible work plans include remote work, part-time, or a condensed schedule. Remember even when an infant has graduated from the NICU and is home, parents may still need to take additional time off for follow-up medical appointments. Ask your employee what their needs are and how you can support them to balance work and the health of their infant. Set clear and achievable goals for your employee and measure their performance on these rather than their time in the office.

The NICU experience is often traumatic and overwhelming. Does your workplace have an Employee Assistance Program (EAP), an Employee Resource Group (ERG), or peer parent who has gone through a similar experience that could mentor your employee? These extra resources can help your employee feel supported by your organization during this difficult time.

Treating an employee with a NICU baby with empathy and care will be greatly appreciated and noticed by the whole team. Setting an example that your employees’ lives matter helps inspire a dedicated and loyal workforce. Tread delicately and with care and your employee will be grateful that you did all that you could to help them navigate this time in their lives.

About Tilt

NICU Resources

Tilt on January 25, 2024

EMPLOYEE RESOURCES

Parenting in the NICU

The NICU is hard. Here are some thoughts to help make it a little easier:

Don’t beat yourself up this is NOT your fault.
Ask to hold your baby; ask a nurse to assist with safely transferring your baby to you.
Ask how you can be involved with your baby. If you are unable to visit as often as you’d like to, check to see if the NICU will give special permission for aunts or uncles to visit. Most NICUs also let grandparents visit without mom or dad present.
Go home at night and sleep. You need to take care of yourself, so you can take care of your child to your fullest potential.
Build relationships with the nurses so you feel comfortable leaving the hospital and your baby in their care.
Call and check in on your little human. You have the right to call your baby’s nurse at any time for an update.
Accept help from friends and family.

Here are some additional resources:

Surviving the Return with your NICU Baby

Stay connected to your infant in the NICU when at work.

As difficult as it is you may need to return to work with your baby in the NICU. Here are some ways to stay connected while at work:

Know the NICU schedule. When will the doctor or specialist be doing their rounds? Flex your work schedule around these times, or block time out of your calendar to call.
If you’re typically the kind of person who works hard and goes above and beyond, now is the time to stop being that person. Stop volunteering for challenging projects with tight deadlines.
Set professional boundaries at work. Let your team know if you don’t want them to ask about your baby. Ask your manager to share or send out an email explaining that you want to be able to focus on your job.
Talk to your manager about working flexibly. Is it possible to work remotely or on a different schedule while your baby is in the NICU?

Returning to Work as a NICU Parent

Create a plan with HR and your manager for the return.

Parents who have had or still have their infant in the NICU often find the return to work especially challenging. On your first day back, find some time to chat with HR to discuss how you can navigate the challenges ahead. Including the manager in these discussions can improve transparency in the process.

How to manage follow-up medical appointments/procedures: Can you work flexibly or remotely on appointment days or from the NICU?
Asking for additional time off: Share that you may need to take additional days off work. Ask how you can best navigate this challenge?
Professional Boundaries: Clarify what you are comfortable sharing with colleagues. Let your manager inform the team if you want some privacy.
Emergency phone calls: Share that you may need to take emergency phone calls during the workday. Ask if there is a private space that you can use.
Other support: Let HR and your manager know how they can best support you.

MANAGER RESOURCES

Supporting a NICU Parent

Be boss-ome during your employee’s challenging life event.

Having a child in the NICU is life-changing and stressful. How you respond to and support your employee during this time is critical.

Tilt Tip: An employee who has entitlement left under FMLA or state/local leave law may have the right to take time off continuously, intermittently or on a reduced schedule basis with proper documentation.

Understanding your employee’s rights is fundamental to empathetic support, so when it’s time to provide them that support, where do you start?

Put yourself in your employee shoes and respond with empathy and care
Reach out to HR to discuss what options are available if more time away is going to be needed.
Reach out to your employee, and ask if they need anything. Don’t expect an immediate reply
Clarify how your employee wants to share the news, or if at all with the team. This will be especially important when they return to work.
Be prepared to consider a flexible work schedule if they return to work while their baby is still in the NICU.

Want so show your employee that the team is thinking of them? Consider sending them a gift to help make the NICU a little more bearable:

A gift certificate to restaurants near the hospital
Healthy snack pack; granola bars, trail mix, popcorn
Journal
Adult coloring books
Big sibling activities – puzzles, coloring books, pencils

Supporting your NICU Parent’s Return

Create a safe place for your NICU parent’s return.

A parent who has had, or still has their infant in the NICU may find the return to work really challenging. How you support them during this time leaves a lasting impression on your employee and the team. On their first day back, chat with your employee.

How to manage follow-up medical appointments/procedures: Can your employee work flexibly or remotely on appointment days or from the NICU?
Asking for additional time off: Parents may struggle to ask for extra time off work, let your employee know that it is okay to take time off and how they should navigate this
Professional Boundaries: Clarify what your employee is comfortable sharing with the team, if anything. Offer to ask the team for privacy during this time.
Emergency phone calls: Understand that your employee may need to take emergency phone calls during the workday. Let them know that they can step away from their desk or a meeting and offer them a private space.
Continue to offer support: Reiterate that you are available and open to talking through challenges and ask what you can do to support them.

About Tilt

The United States Leave Law Report Vol. 7

Tilt on January 23, 2024

It’s a new year and we’re bringing that same passionate leave law energy. We know that as you ramp up to accomplish your countless People Ops objectives the dynamic landscape of leave laws continues its evolution and you must be prepared.

Tilt’s team of leave law experts diligently monitors these changes year-round to keep you well-informed, and this nifty lil’ report provides you with the latest updates to leave programs that might impact you and your organization.

We hope you find the United States Leave Law Report Vol. 7 useful in your pursuit of supporting your employees and staying compliant!

Looking for all the insightful goodies from previous volumes? See what you might have missed here.

Federal Legislation: Paid Family & Medical Leave

TL;DR: Slow progress is better than no progress

As previously reported, House Democrats and Republicans formed a working group in January 2023 to explore options for expanding paid family and medical leave (PFML) nationwide.

The bipartisan group recently released a framework reflecting areas of consensus:

public-private partnerships in the insurance space for states that want to set up new PFML programs;
efforts to harmonize the current patchwork of state PFML laws; and
help for small businesses via tax credits and resource pooling options.

The group will work to turn this framework into legislation after gathering input from stakeholders and collaborating with a similar bipartisan group in the Senate. There are still many hurdles to clear–especially around funding–but the bipartisan efforts in both Chambers of Congress are a sign of growing momentum.

National Protections: PWFA Regulations

TL;DR: December 2023 due date = delivery is imminent

The national Pregnant Workers Fairness Act (PWFA) went into effect in June 2023, but we’re still awaiting the publication of final regulations, due December 2023. When the regulations are published–which should be any day now–we’ll review them and report on any resulting changes to our support of leave as an accommodation under the PWFA.

State PFML Programs: Overview

TL;DR: Thirteen remains the lucky number

The state PFML landscape hasn’t changed since our last report: thirteen states (and Washington D.C.) have enacted mandatory PFML laws. These mandatory programs are funded through payroll deductions and guarantee partial wage replacement benefits to eligible employees who work for a covered employer and need leave for a qualifying reason.

Mandatory PFML benefits are currently available in California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Washington and Washington D.C. Benefits will become payable in Delaware, Maine, Maryland and Minnesota in 2026.

In addition, eight states have enacted “voluntary PFML” laws that permit, but do not require, employers or employees to purchase PFML insurance as a private market product: Alabama, Arkansas, Florida, New Hampshire, Tennessee, Texas, Virginia and Vermont.

State PFML Programs Updates - Colorado

TL;DR: Post-launch, keep FAMLI requirements on your radar

Colorado’s Family and Medical Leave Insurance (FAMLI) program started paying benefits on January 1, 2024. As of January 10, the state had sent over $2.7 million in benefit payments to over 3,200 workers.

Under the FAMLI program, eligible employees can receive up to 12 weeks of paid leave for certain family, medical, military and safety reasons, and up to 16 weeks if the employee has complications related to pregnancy or childbirth. Most workers in Colorado will be eligible for paid FAMLI benefits, as the eligibility threshold is only $2,500 in wages earned in Colorado within a year. Employees can receive up to 90% of their wages, subject to a cap (currently $1,100/week).

Employees who welcomed a new child in 2023 and meet FAMLI eligibility requirements are entitled to up to 12 weeks of paid FAMLI bonding leave in 2024–even if they already took bonding leave under FMLA or an organization’s leave policy. However, the bonding leave must be completed within one year of the child’s birth or placement. Similarly, employees who exhausted all leave available to them last year for medical or caregiving reasons now have a fresh 12 weeks of leave entitlement, if they’re FAMLI-eligible.

For more information on the FAMLI program, check out the Division’s helpful toolkit for employers. The toolkit includes a program notice that was updated in December 2023. Colorado employers need to post the notice as specified in the FAMLI regulations. Employers must also provide a copy when an employee is hired and after learning an employee needs leave for an FAMLI-qualifying reason. (Tilt provides the notice to employees on behalf of customers whenever a leave is entered for an FAMLI-qualifying reason.)

Stories to Watch

TL;DR: New Mexico warmer than Michigan in latest PFML forecast

We reported in October that New Mexico and Michigan appeared poised to be the next two states to pass mandatory PFML legislation.

On January 13, 2024, New Mexico legislators introduced a new bill for consideration in the upcoming 30-day legislative session. If the bill passes in its current form, eligible employees could receive up to twelve weeks of PFML benefits in a year, starting in 2027.

Michigan’s progress on PFML legislation stalled when Democrats lost their voting majority in the State House, after two Representatives won mayoral elections. Progress should resume if Democrats win back the House majority after a special election in April. However, even if Democrats regain control, there might not be enough time to enact the PFML law in this legislative session because it’s likely to end early to allow members to campaign in this election year.

Other Leave Law Developments - Quick Hits

Massachusetts - New developments!

FURTHER changes to MA PFML top-up rules: In October, we reported that, effective November 1, 2023, employees had the right to top up their MA PFML benefits with any accrued vacation/sick/PTO time. In December, Massachusetts issued new guidance that limits that right. Massachusetts is now saying that an employee’s ability to use vacation/sick/PTO time to top up PFML will be dictated by their employer’s company policies, provided that those policies don’t discriminate against employees using MA PFML. Please review the updated guidance for details.

Massachusetts updated the MA PFML poster that employers must display, the MA PFML notices that employers must provide to new employees, and the rate sheets that must be provided to all covered employees. The 2024 versions are available here for download.

Washington, D.C. - Action Required by February 1, 2024

DC Paid Family Leave (PFL) Notice: Washington, D.C. updated its PFL Notice to Employees. This notice must be provided: 1) to covered employees within 30 days of hire, 2) annually to all covered employees by February 1st, and 3) to covered employees when they request leave that may be PFL-qualifying. (Tilt provides the notice to D.C. employees on behalf of customers whenever a leave is entered for a qualifying reason.)

California - January 1, 2024 Changes (prev. reported)

SDI wage cap lifted: California’s SDI program provides partial wage replacement benefits for employees who need time off work for non-work-related illness or injury, family caregiving and new child bonding reasons. In 2023, the SDI withholding rate was 0.9% on covered wages up to $153,164. As of January 1, 2024, all wages are subject to CA SDI tax. The additional tax revenue generated will fund an increase in SDI benefit rates/amounts in 2025.

Reproductive loss leave: Eligible employees can take up to 5 days of time off for a “reproductive loss event,” which includes loss related to adoption, surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. The leave can be taken within three months of the reproductive loss event, or within three months of completing leave under another state and/or federal leave entitlement (FMLA/CFRA/CA PDL, etc), and can be taken intermittently. If the time off isn’t covered by an employee’s paid leave policies, the leave may be unpaid or the employee can elect to apply certain leave balances available to them, including accrued and available sick time.

Illinois - January 1, 2024 Changes (prev. reported)

Organ donation: Illinois expanded its blood donation law to include organ donation, renaming it the Employee Blood and Organ Donation Leave Act.

Bereavement expansion: Illinois expanded its bereavement leave law to require additional weeks of unpaid leave for eligible employees who lose a child by suicide or homicide. Illinois also amended its crime victim leave law to require unpaid leave related to the death of a family or household member killed in a crime of violence.

Paid Leave for All Workers Act (PLFAW): There are 17 states (plus D.C.) and 25 municipalities/counties that require employers to provide employees with sick and/or safe time, but only three require employers to provide PTO for any reason: Maine, Nevada, and now Illinois. The new Illinois law mandates that eligible employees receive at least 40 hours of PTO in a 12-month period; the state FAQ is a helpful resource.

About Tilt

The United States Leave Law Report Vol. 6

Tilt on October 19, 2023

Time flies when you’re neck deep keeping your organization’s ship on course, but while you’re strapping on your People Ops cape and putting out fires, the ever-changing world of leave laws marches onward.

But fret not, because Tilt’s team of leave law experts keep tabs ‘round the clock and have you covered.

The United States Leave Law Report: Vol. 6 details the latest updates to leave programs that might impact you and your organization in one sweet lil’ package.

We hope you find this information useful in your pursuit of supporting your employees and staying compliant!

Looking for all the insightful goodies from previous volumes? See what you might have missed here.

Federal Legislation: Paid Family & Medical Leave

TL;DR: Bipartisan group aims to dispel notion that “Congress” is the opposite of “progress” when it comes to paid leave

The United States is one of a handful of countries–and the only OECD member–without a national paid family leave policy. To address that deficiency, House Democrats and Republicans formed a Bipartisan Paid Family Leave Working Group. The working group wrapped up its information-gathering meetings with stakeholders last month. The group will now shift its focus to developing legislation–but given the current political climate, it’s unclear whether they will be able to find a solution that will work for both parties. In the meantime, states continue to launch their own paid leave programs, each with different rules and benefits. If Congress does pass a federal paid leave law, it probably won’t relieve employers from the need to comply with the requirements of existing state programs. So, the complexity is here to stay.

National Protections: Pregnant Workers Fairness Act

TL;DR: PWFA regulations conceived but require further gestation

On June 27, 2023, the national Pregnant Workers Fairness Act (PWFA) went into effect. The PWFA requires covered employers to reasonably accommodate employees with known limitations related to pregnancy, childbirth or related medical conditions. We started tracking leave as an accommodation under the PWFA when the law went live.

On August 7, the Equal Employment Opportunity Commission (EEOC) shared its proposed PWFA regulations, which provide a framework for understanding how the EEOC will interpret the law. The key provisions of this 275-page document are summarized on the EEOC website. The EEOC collected comments from stakeholders after publishing the proposed rules, and it will review and analyze that feedback as it works towards publishing final regulations by the end of the year.

State PFML Programs: Overview

TL;DR: A state of calm in Q3 for state legislatures

After a flurry of new state-paid family and medical leave (PFML) laws passed in the first half of 2023, state legislatures were relatively quiet in Q3.

As previously reported, thirteen states (and Washington D.C.) have enacted mandatory PFML laws. These mandatory programs are funded through payroll taxes (except for NY) and guarantee partial wage replacement benefits to eligible employees who work for a covered employer and need leave for a qualifying reason.

Mandatory PFML benefits are currently available in California, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Washington and Washington D.C. Benefits will be available in Colorado in 2024 and in Delaware, Maine, Maryland and Minnesota in 2026.

State PFML Programs: Updates

Oregon

TL;DR: Oregon’s new PFML program is live but not lively

Paid Leave Oregon officially launched on September 3rd. Eligible employees can receive up to 12 weeks of paid leave per year for family, medical and safety reasons, with an additional two weeks available in some pregnancy-related situations. Most Oregon workers will be eligible for paid benefits, as the earnings threshold is low ($1,000 in the prior year).

Oregon received about 19,000 applications for its Paid Leave Oregon program in its first month, which was less than half of what it had predicted. By the end of September, the state had approved approximately half of all claims filed, paying roughly $15 million in benefits. The state has been working on its efficiency, increasing its speed in processing applications by 162% since launch.

Colorado

TL;DR: Colorado will open FAMLI application process early to avoid rocky start

Colorado’s Family and Medical Leave Insurance (FAMLI) program will start paying benefits to eligible employees beginning January 1, 2024. Colorado will reportedly begin accepting applications in mid-November to help avoid a backlog in January. When the online FAMLI application becomes available, we’ll provide application instructions to eligible employees who have leave scheduled for 2024.

In recent developments, the FAMLI Division modified its definition of “wages” to align it with the Unemployment Insurance Division’s definition, effective January 1, 2024. The Division amended the definition in response to complaints that it was previously too complicated.

For more information on the FAMLI program, check out the Division’s helpful toolkit for employers.

Delaware

TL;DR: Be aware of Delaware’s PFML deadline for grandfathering existing plans

Employers with ten or more employees working in Delaware will be required to participate in the state’s PFML program when it goes live in 2026.

Through the end of 2023, Delaware is giving employers a unique “grandfathering” opportunity. Employers with existing private paid time off benefits comparable to Delaware’s program can apply to use those benefits to meet their paid leave obligations instead of contributing to the state plan. The benefits must have been in place as of May 10, 2022, and must be within 10% of the minimum requirements of the state program to be considered “comparable.” You can read more about this option in the state’s Grandfathered Paid Leave Benefits FAQ.

Another option for covered employers is to use an approved private benefit plan purchased from an insurance company or administered through a self-insured plan. The private plan must have the same or better benefits as the state plan. The first opt-in period for a private plan will be September 1, 2024 through December 1, 2024.

For covered employers without a grandfathered or private plan, contributions to the program will begin on January 1, 2025.

Maryland

TL;DR: Maryland sets rate for contributions beginning 10/1/24

Maryland’s Family and Medical Leave Insurance (FAMLI) plan goes live in 2026 and applies to all employers with at least one employee working in Maryland.

On September 29, the Maryland Department of Labor approved the initial plan contribution rate of 0.9% of covered wages, divided equally between employees and employers with 15 or more employees.

Maryland’s DOL will establish implementing rules and regulations in early 2024. Employers can seek approval for a private plan in fall 2024, and contributions for those enrolled in the state plan begin on October 1, 2024.

Washington

TL;DR: Washington reports rainy weather, possible storms on horizon for PFML program

Washington recently released a report on its PFML program’s needs and resources. Since its launch in 2020, the program has distributed over $3.4 billion in leave benefits to over 382,000 Washington employees. However, an increase in benefit applications has led to increased phone queue times (31.5 minutes in July 2023 vs. 12.5 minutes in July 2022) and application approval times (a median of over four weeks in July 2023 vs. 2.5 weeks in July 2022). The state Employment Security Department (ESD) is seeking budget authority to hire additional staff to address the increase in volume. Without more staff, the ESD projects that application processing times could reach four months by June 2025.

Stories to Watch

TL;DR: Michigan and New Mexico are our best bets to mandate PFML next

Michigan currently offers 12 weeks of paid parental leave to state employees, and conditions are favorable for expanding benefits to employees in the private sector. Michigan has a trifecta with its Democratic governor and Democratic control of both state legislature chambers for the first time since the Reagan administration. Legislators have already introduced multiple PFML bills, and Governor Whitmer has publicly announced her support for PFML expansion.

New Mexico nearly passed a PFML law last year–the bill passed the state Senate but died in a House committee when a few Democrats aligned with Republicans in a vote to table the issue in the final week of the session. The 2024 bill looks similar but includes some concessions to the local business community, and policymakers are hosting town halls to educate the community and win further support.

Other Leave Law Updates - Quick Hits

Massachusetts – November 1, 2023 changes

MA PFML top up permitted: Effective November 1, Massachusetts will permit employees to top up their MA PFML benefits using any available accrued paid leave, such as sick time or vacation pay. Previously, employees in MA could only use their accrued paid leave during their 7-day waiting period. Massachusetts now joins all the other mandatory PFML states in permitting employees to top up state payments with accrued PTO.

California – January 1, 2024 changes

SDI wage cap lifted: California’s SDI program provides partial wage replacement benefits for employees who need time off work for a non-work-related illness or injury, or for certain family caregiving and new child bonding reasons. For 2023, the SDI withholding rate is 0.9% on covered wages up to $153,164. In January, the state will remove the taxable wage ceiling so that all wages will be subject to CA SDI tax. The additional tax revenue generated will fund an increase in SDI benefit rates/amounts in 2025.
Reproductive loss leave: Eligible employees will be able to take up to 5 days of unpaid time off for a “reproductive loss event,” which includes loss related to adoption, surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. Eligible employees can take these days within three months of the reproductive loss event and do not need to take them continuously.
Expansion of paid sick days: California amended its sick leave law to increase the minimum number of paid sick days from three to five. The amendments also modify accrual, carryover and frontloading provisions.

Illinois – January 1, 2024 changes

Organ donation: Illinois will expand its blood donation act to include organ donation.
Bereavement expansion: Illinois will expand its bereavement leave act to require additional weeks of unpaid leave for eligible employees who lose a child by suicide or homicide. Illinois has also amended its Victims Economic Security and Safety Act (VESSA) to require unpaid leave related to the death of a family or household member killed in a crime of violence.
Paid Leave for All Workers Act (PLFAW): This new law requires employers to provide 40 hours of PTO for any reason in a 12-month period; the state FAQ is a helpful resource.

About Tilt

The United States Leave Law Report Vol. 5

Tilt on July 19, 2023

The leave law landscape never sleeps, and when it comes to keeping you in the know on the latest and greatest in the world of leave, neither do we.

The United States Leave Law Report: Vol. 5 compiles the latest updates to leave programs that might impact you and your organization in one compact lil’ package.

We hope you find this information useful in your pursuit of supporting your employees and staying compliant!

Looking for all the insightful goodies from previous volumes? See what you might have missed here.

Federal Legislation: Paid Family & Medical Leave

TL;DR: States fed up with no fed paid leave launch own programs

The United States remains the only industrialized country without a national paid family leave program. In early 2023, House Democrats and Republicans formed a bipartisan working group to address that issue. The working group is exploring paid leave policy solutions with the ultimate goal of proposing federal legislation. Representative Stephanie Bice (R-OK) has publicly acknowledged that it may be difficult to get a paid leave bill through this Congress because of spending disagreements. We expect states to continue to develop and launch their own paid leave programs, adding to the existing patchwork of U.S. leave laws.

National Protections: Pregnant Workers Fairness Act

TL;DR: New protections for pregnant workers = new obligations for employers

The national Pregnant Workers Fairness Act (PWFA) went into effect on June 27th, 2023. The PWFA is modeled after the Americans with Disabilities Act (ADA) and requires employers with 15 or more employees to provide reasonable accommodations to employees affected by pregnancy, childbirth or related medical conditions. In some cases, a reasonable accommodation might mean a change to the workplace, light duty work, flexibility in work hours, or more frequent breaks. In other cases, a leave of absence may be the right accommodation.

Tilt supports leave as an accommodation under the PWFA. We apply PWFA leave to pregnancy disability dates that aren’t covered by FMLA, a state leave offering job protection or a company leave. If PWFA leave is requested outside of the standard medical recovery period (6-8 weeks), we’ll collect medical documentation so you can determine if the time can be reasonably accommodated.

National Laws: Updated Posters

TL;DR: Action required re: updated posters

FMLA Poster: In April 2023, the U.S. Department of Labor (DOL) updated its FMLA poster. The poster summarizes the major provisions of the Family and Medical Leave Act (FMLA) and includes information for filing FMLA complaints. The new poster is substantially similar to the February 2013 and April 2016 versions, which can still be used to fulfill the posting requirement.

Covered employers must display the FMLA poster in a conspicuous place where employees and applicants can see it. In addition, covered employers need to provide the notice to each employee by including the poster and/or its contents in an employee handbook or other written guidance to employees concerning employee benefits or leave rights, or by distributing a copy of the poster to each new employee upon hiring.

Workplace Discrimination Poster: In June 2023, the EEOC updated its Know Your Rights: Workplace Discrimination is Illegal poster, which now includes information about the protections under the new federal Pregnant Workers Fairness Act. The EEOC website contains information about posting requirements, and has specified that employers should remove the old poster and display the new one “within a reasonable amount of time.”

State Paid Family & Medical Leave Programs

Mandatory Vs. Voluntary

TL;DR: “Must do” > “can do” when it comes to PFML participation

At present, thirteen states (and Washington D.C.) have enacted mandatory paid family and medical leave (PFML) laws, which guarantee partial wage replacement to eligible employees who work for a covered employer and need leave for a qualifying reason. These benefits are typically administered by the state or a private carrier, but some states permit employers to manage their own voluntary PFML plans.

Mandatory PFML benefits are currently available in California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, Washington and Washington D.C. Benefits will be available in six other states in the near future: Oregon (September 2023), Colorado (2024), Maryland (2026), Delaware (2026), Minnesota (2026) and Maine (2026).

Compared to mandatory programs, voluntary programs result in much lower rates of employee coverage. For example, a full quarter after New Hampshire’s voluntary program launched, only about 1% of employees working for private employers in the state were covered–and that was following a $2 million advertising campaign.

We’re going to focus on mandatory programs below because they have a much greater impact on both employers and employees.

New Mandatory PFML Laws Enacted

TL;DR: Minnesota and Maine join the PFML party, offer benefits in 2026

Minnesota (2026)
In May, Minnesota became the first state in the Midwest, and the twelfth state overall, to mandate PFML benefits for eligible employees.

Benefits will become available to eligible employees as of January 1, 2026, which is also the date that employers and employees will start paying into the program. Most employees will qualify given the low wage earnings threshold, which is about $3,500 within the state over the period of a year.

Eligible employees can receive up to 12 weeks of medical leave and up to 12 weeks of leave for other reasons (bonding, caregiving, safety or military family leave), with a maximum of 20 weeks of leave in a benefit year. In addition to partial wage replacement, the law provides job protection to employees who have worked for an employer for at least 90 days.

Maine (2026)
On July 11th, 2023, Maine became the 13th state to mandate PFML benefits for eligible employees.

Maine’s PFML program will start assessing a payroll tax on employers and employees on January 1, 2025, and benefits will become available to eligible employees on May 1, 2026. Most employees will qualify, as benefits are payable to employees who have earned six times the average weekly wage in a year, or a total of $6,622 based on today’s figures.

Eligible employees will be able to take up to 12 weeks of partially paid leave in a year for medical, caregiving, bonding, safety and military family reasons, with job protection for employees who have been employed for at least 120 days before taking leave.

Other PFML Updates

Colorado (2024)
TL;DR: CO launches PFML private plan marketplace; benefits start Jan. 2024

Employers with at least one employee working in Colorado are covered by the state’s Family and Medical Leave Insurance (FAMLI) program, which will start paying benefits to eligible employees beginning January 1, 2024.

Employers can apply to use a private plan instead of participating in the state-run FAMLI plan. Last quarter, the state opened the private plan marketplace, which lists insurance carriers who have policies that have been approved, or are pending approval, for use in a private plan.

Starting in January, the program will provide eligible employees with up to 12 weeks of paid leave for certain family, medical, military and safety reasons, and up to 16 weeks if additional time is needed due to complications related to pregnancy or childbirth. Most workers in Colorado will be eligible for paid FAMLI benefits, as the eligibility threshold is only $2,500 in wages earned in Colorado within a year.

We will start including FAMLI information in our leave communications to Colorado employees, and start applying FAMLI to their leave plans and pay calculations, towards the end of the year.

Maryland (2025 -> 2026)
TL;DR: MD PFML program pushed out one year

Maryland’s PFML program was expected to start accepting claims in 2025, but the start date was pushed to 2026 in order to give the Maryland Department of Labor additional time for program implementation, including technology acquisition, staffing, outreach planning and regulatory drafting. Employer contributions will now be required starting October 1, 2024, instead of October 1, 2023. We’ll provide more information on Maryland’s program after the implementing regulations are issued, which are expected by the end of the year.

Oregon (Sept. 2023)
TL;DR: Oregon aligns its leave laws, will start accepting PLO applications in August

Employers with one or more employees working in Oregon are covered by Paid Leave Oregon (PLO), which was originally expected to start paying benefits to eligible employees as of January 1, 2023, but was delayed to September 3, 2023 due to COVID-19. Oregon will begin accepting applications for PLO benefits on August 14.

We’ve already started sharing information about PLO with Oregon employees who have requested leave that extends beyond September 3rd. Eligible employees can receive up to 12 weeks of paid leave per year for family, medical and safety reasons, with an additional 2 weeks for pregnancy-related medical leave. Most Oregon workers will be eligible for paid benefits, as the earnings threshold is low ($1,000 in the prior year).

In other developments, the state legislature amended the Oregon Family Leave Act (OFLA) in June. OFLA applies to employers with at least 25 employees working within Oregon, and provides unpaid job protection to eligible employees for family, medical, bereavement and other reasons. The amendments are designed to ensure that OFLA and PLO run concurrently when possible, and expand OFLA’s definition of “family member” to align with the broader PLO definition.

Other Leave Law Developments

Minnesota: Pregnancy and Parental Leave Rights
TL;DR: Minnesota minimizes requirements for pregnancy/parental leave

As of July 1, 2023, Minnesota amended its existing Minnesota Parental Leave Act (MPLA), which provides up to 12 weeks of unpaid leave for the birth or adoption of a child, and for incapacity due to pregnancy, childbirth or related conditions. The law now applies to all Minnesota employers (previously, it applied only to employers with 21 or more employees at one worksite) and all employees working in Minnesota (previously, it required employees to work at least half-time for one year). As a result, all Minnesota employees are now eligible for this leave immediately upon commencement of employment.

Virginia: Organ and Bone Marrow Donor Leave
TL;DR: Job protection for eligible employees who give the gift of life

As of July 1, 2023, Virginia requires employers with 50 or more employees to provide eligible employees up to 60 business days of unpaid leave in a year for organ donation, and up to 30 business days for bone marrow donation. Employees are eligible if they have worked for the employer for at least a year and 1,250 hours in the 12 months preceding the leave. Virginia joins about a dozen other states that require private employers to provide unpaid leave for this reason.

Leave-Related Notices

TL;DR: Action required re: notices of nursing employee rights

New York State: Notice for Nursing Employees
As of June 7, 2023, Section 206-c of the New York Labor Law requires employers to provide nursing employees written notice of their rights under the law. Employers must provide the notice upon hire and annually thereafter, and upon returning to work following the birth of a child. The New York State Department of Labor has provided a model policy, which we share with New York employees preparing to return to work following the birth of a child.

Minnesota: Parental Leave Rights Notice
As of July 1, 2023, Minnesota has expanded workplace protections for expectant and new parents, and requires employers to provide a notice of their nursing employees’ rights at the time of hire and when an employee makes an inquiry about or requests parental leave. An employer that provides an employee handbook must also include this notice within the handbook. We are now including a copy of the notice within Tilt for Minnesota employees who have requested parental leave.

About Tilt

The United States Leave Law Report Vol. 4

Tilt on April 24, 2023

It’s no secret that we love leave laws. Does that make us a little weird? Oh yeah…weird af. But it also means we stay up to date on all the changes to federal and state leave laws so you don’t have to.

The United States Leave Law Report Report: Vol. 4 compiles the latest updates to leave programs that might impact you and your organization in one pretty lil’ package (download a pdf version: here)

We hope you find this information useful in your pursuit of supporting your employees and staying compliant!

Looking for all the insightful goodies from previous volumes? See what you might have missed here.

Federal Legislation: Paid Family & Medical Leave

Nearly 3 in 4 adults in the U.S. support a national paid family and medical leave (PFML) program, but Congress hasn’t been able to deliver because Republicans and Democrats have different views on how a PFML program should be managed and funded. In January, representatives from both parties came together to form the House Bipartisan Paid Family Leave Working Group with the goal of identifying a politically viable solution to this issue. The task force met twice in the first quarter and plans to have a comprehensive PFML bill drafted within the next year or two.

National Protections: Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) was passed at the end of 2022 and goes into effect on June 27th, 2023. The PWFA requires employers with 15 or more employees to provide reasonable accommodations to employees affected by pregnancy, childbirth or related medical conditions. Examples of reasonable accommodations include light duty work, flexibility in work hours, more frequent breaks–or a leave of absence.

Tilt will support PWFA leaves when the law goes into effect in June. We will apply PWFA to any pregnancy disability dates that aren’t covered by FMLA, a state leave offering job protection or a company leave. Our standard approach will be to require a medical certification form and consult with customers if PWFA leave is needed outside of the standard 6-8 weeks provided for medical recovery. We’ll finalize and share the details of this process in the next few months, after the EEOC comes out with implementing regulations and guidance.

FMLA: Department of Labor Opinion Letter

In February, the Department of Labor (DOL) issued its first FMLA Opinion Letter in over two years. The letter served as a reminder that eligible employees can use FMLA to work a reduced schedule (fewer hours or no overtime shifts) for an FMLA-qualifying reason. According to the opinion letter, an employee may work a reduced schedule indefinitely if the employee remains FMLA eligible, never exhausts FMLA entitlement, and has an ongoing need for FMLA-qualifying leave.

State Paid Family & Medical Leave

Mandatory Vs. Voluntary Programs

At present, eleven states (and Washington D.C.) have enacted mandatory PFML laws, which guarantee partial wage replacement to eligible employees who work for a covered employer and need leave for a qualifying reason. These benefits are typically administered by the state or a private carrier, but some states permit employers to manage their own voluntary PFML plans.

Mandatory PFML benefits are currently available in California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, Washington, and Washington D.C. Benefits will be available in four other states soon: Oregon (September 2023), Colorado (2024), Maryland (2025) and Delaware (2026).

In addition, five states have enacted “voluntary PFML” laws that permit, but do not require, employers or employees to purchase PFML insurance as a private market product: Arkansas (NEW as of February 2023), New Hampshire, Tennessee (NEW as of April 2023), Virginia and Vermont.

Mandatory FMLA Programs: Paid Leave Oregon

-Employer Action Required-

Employers with one or more employees working in Oregon should ensure they are complying with Paid Leave Oregon (PLO) requirements, which include:

providing notice to employees;
making the appropriate payroll deductions;
registering for Frances Online; and
submitting wage reports, and employee and employer contributions (if applicable), on a quarterly basis.

Oregon has provided a helpful Employer Toolkit and Employer Guidebook with more information on these requirements. Also, please note that employers with an approved equivalent plan are generally exempt from submitting contributions to the state-funded plan.

PLO benefits will be available for eligible employees beginning September 3, 2023. In the next few weeks, we will start including PLO information in our leave communications to Oregon employees whose leave dates extend beyond September 3rd. We expect the state to provide additional guidance around PLO in the next few months and will start applying PLO to employee leave plans and pay calculations in August.

When the program goes live, PLO will provide eligible employees with up to 12 weeks of paid leave per year for family, medical and safety reasons, with an additional 2 weeks for pregnancy-related medical leave. Most Oregon workers will be eligible for paid benefits, as the earnings threshold is low ($1,000 in the prior year).

Mandatory FMLA Programs: Colorado FAMLI Act

-Employer Action Required-

Employers with at least one employee working in Colorado have certain responsibilities under Colorado’s Family and Medical Leave Insurance (FAMLI) program, including:

notifying employees of the program;
making the appropriate payroll deductions;
registering in the My FAMLI+ Employer portal by April 30, 2023; and
submitting their first quarterly wage report and premium payment by April 30, 2023 (note: FAMLI is offering a 30-day grace period if needed).

Employers can apply to use a private plan instead of participating in the state-run FAMLI plan, but they still need to submit their wage data and pay premiums until they receive private plan approval.

FAMLI benefits will be available to eligible employees beginning January 1, 2024. We will start including FAMLI information in our leave communications to Colorado employees, and apply FAMLI to leave plans and pay calculations, in the fourth quarter of 2023.

When FAMLI goes live, the program will provide eligible employees with up to 12 weeks of paid leave for certain family, medical, military and safety reasons, and up to 16 weeks if additional time is needed due to complications related to pregnancy or childbirth. Most workers in Colorado will be eligible for paid FAMLI benefits, as the eligibility threshold is only $2,500 in wages earned in Colorado within a year.

PFML Programs: Notable Developments (as of 4.17.23)

At the federal level, lawmakers have reintroduced the Comprehensive Paid Leave for Federal Employees Act, which would provide 12 weeks of PFML benefits to federal workers, if passed.

Minnesota is working towards becoming the first Midwestern state with a mandatory PFML program, with a Senate bill that is likely to pass if it can clear the Senate Finance Committee. If enacted in its current form, this program would pay PFML benefits starting July 1, 2025.
Michigan currently offers 12 weeks of paid leave to state employees, and conditions are favorable for expanding these benefits to employees in the private sector, with a Democratic governor and Democratic control of Michigan’s House and Senate.
Maine also has a Democratic trifecta in state government and is working on PFML legislation. On top of that, an advocacy group collected enough signatures to get a PFML referendum on the ballot, should legislative efforts stall out–so a PFML program seems especially likely.

Leave-Adjacent Developments

Illinois Paid Leave for All Workers Act

Although the Illinois Paid Leave for All Workers Act (PLFAW) has the words “paid leave” in the title, it’s best understood as a required paid time off (PTO) law. PLFAW takes effect on January 1, 2024 and requires employers to provide 40 hours of PTO for any reason in a twelve month period. This law has exceptions for employers who are covered by a municipal or county ordinance that requires the employer to provide any form of paid leave to their employees (for example, the Chicago Paid Sick Leave Ordinance). Illinois is just the third state to mandate PTO for any reason, joining Maine and Nevada. Although Tilt doesn’t manage employee PTO requests, we wanted to make sure you were aware of this new PTO law (with a misleading name).

New York State – Notice for Nursing Employees

Section 206-c of the New York Labor Law was recently amended to clarify and expand the rights of nursing employees to express breast milk. One of the new requirements is to provide nursing employees written notice of their rights under the law upon hire and annually thereafter, and upon returning to work following the birth of a child. We’re currently awaiting the New York State Department of Labor (NYSDOL)’s model policy and will start including the notice within Tilt for birthing parents who are returning from parental leave before these amendments take effect on June 7, 2023.

San Francisco – Paid Military Leave

San Francisco enacted the Military Leave Pay Protection Act (MLPPA) in January, and it went into effect on 2/19/23. The MLPPA requires employers with 100 or more employees to supplement the pay of certain employees who work in San Francisco and are absent from work for military duty, which is defined broadly. The supplemental pay is for the gap between the employee’s gross military pay, and the gross pay the employee would have received if they had worked their regular work schedule.

About Tilt

The United States Leave Law Report Vol. 3

Tilt on January 20, 2023

As leave law experts we know that keeping up to date with the latest changes can be a serious pain in the (you know what). We’ve made it easy for you though because we’re just that kind.

Check out Vol. 3 of The United States Leave Law Report and get the latest breakdown of the updates state-by-state. We also made a downloadable version for you too if you want to share the knowledge because we’re cool like that.

Looking for all the insightful goodies from our previous volumes? See what you might have missed here.

Status of National Paid Family and Medical Leave

Although public support for a national paid family and medical leave program remains high, a split Congress in 2023 may reduce the likelihood of a comprehensive legislative solution in the near term. Instead, we expect the states to continue to lead the way with paid family and medical leave programs.

NEW: National Protections Pregnant Workers Fairness Act

After a 10 year fight, Congress just passed the Pregnant Workers Fairness Act (PWFA) by including it in the FY23 omnibus spending bill, which President Biden signed into law on December 29, 2022.

The PWFA is closely modeled after the Americans with Disabilities Act (ADA) and requires private employers with 15 or more employees to provide reasonable accommodations to employees affected by pregnancy, childbirth or related medical conditions. A reasonable accommodation may include a paid or unpaid leave of absence, but employers can’t require qualified employees to take leave if another (non-leave) reasonable accommodation would work.

There are 30 states that already offer protections similar to those under the national PWFA. Employees in those states will enjoy the protection of whichever law is most beneficial to them. For example, California’s Pregnancy Disability Leave Law (CA PDL) already requires up to four months of unpaid pregnancy disability leave, so a CA employee is entitled to at least four months of pregnancy disability leave if medically necessary, and additional time can be considered as part of the interactive process under PWFA. As for the other 20 states, this is a new and very important development for employers!

Status of State Paid Family and Medical Leave

At present, seven states (California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, and Washington) plus Washington D.C. have mandatory family and medical leave programs paying benefits to eligible employees. Four other states have passed legislation mandating paid leave in the near future: Oregon (September 2023), Colorado (2024), Maryland (2025) and Delaware (2026).

We’ve also noticed a developing trend: more states are treating paid medical and family leave as an insurance product that can be voluntarily purchased by employers and/or employees. New Hampshire, Vermont and Virginia have recently taken this approach, and other states (including Arizona, Minnesota, Pennsylvania and South Dakota) have been considering it. These voluntary programs can certainly benefit employees who have access to them and the resources required to participate–but many workers (particularly lower wage workers) might not find these voluntary programs especially helpful.

California Here We Come

The California Family Rights Act (CFRA) provides unpaid, job-protected time off to eligible employees for certain military family reasons, new child bonding, caring for one’s own medical condition or caring for a family member with a medical condition. CFRA already defined “family member” broadly, but as of January 1, 2023, the definition now includes a designated person, which is “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” In other words, CFRA leave will be available to care for close loved ones who aren’t biologically or legally related to the employee.

Also, as of January 1, California employers with five or more employees are required to provide at least five days of unpaid bereavement leave to eligible employees for the death of a “family member” which is defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law of the employee. Employees are eligible if they have worked for at least 30 days for their employer. The leave can be taken intermittently, but must be completed within 3 months of the family member’s death.

Call on Colorado

Although Colorado’s Family and Medical Leave Insurance (FAMLI) Program doesn’t start paying benefits to employees until 2024, Colorado employers should ensure they are complying with current FAMLI requirements, including:

Notifying employees about the program

Paycheck deductions to collect premiums as of January 1, 2023.

Colorado employers will also need to register in the My FAMLI+ Employer portal before April 30, 2023. Colorado will open up a private plan application process by October of next year, for employers who may wish to opt out of the state program.

Beginning January 1, 2024, FAMLI will provide eligible employees with up to 12 weeks of paid leave for certain family, medical, military and safety reasons, and up to 16 weeks if additional time is needed due to complications related to pregnancy or childbirth. Most workers in Colorado will be eligible for FAMLI benefits when the program goes live, as its earning threshold is low: $2,500 in wages earned in Colorado within a year.

D is for Delaware:

Beginning in July 2026, Delaware will provide eligible employees with up to 12 weeks of partially paid parental leave in a year, and up to 6 weeks in a 24 month period for employees to care for themselves or a close family member with a serious health issue, or for certain military family reasons.

D Is Also for District of Columbia (D.C.)

As of October 1, 2022, the number of paid weeks of leave available for eligible employees under D.C.’s Universal Paid Leave Act increased to 12 weeks for family, parental and medical reasons (with an additional 2 weeks for prenatal care if necessary). Before that date, D.C. offered 6 weeks of benefits to employees needing leave to care for their own, or a family member’s, serious health condition, and 8 weeks for parental leave (with an additional 2 weeks for prenatal care if necessary).

The Noise From Illinois

Effective January 1, 2023, the state’s existing Child Bereavement Leave Act was renamed the Family Bereavement Leave Act. The amended law provides employees with up to two weeks (10 workdays) of unpaid bereavement leave for certain reasons related to the death of a child, stepchild, spouse, domestic partner, sibling, parent, parent-in-law, grandchild, grandparent or stepparent. Time off will also be available for pregnancy loss, failed adoptions, unsuccessful reproductive procedures, or a diagnosis that negatively impacts pregnancy or fertility.

More on Maryland

Starting in January 2025, Maryland will offer eligible employees up to 12 weeks of partially paid leave in a year for new child bonding, certain military family reasons or to care for themselves or a close family member with a serious health issue. New parents who also experience a serious health issue may be eligible for up to 24 weeks of paid leave in a year. Employees and employers will start making contributions to the program on October 1, 2023.

That New New Hampshire

As of January 1, 2023, New Hampshire employers are able to participate in the New Hampshire Paid Family & Medical Leave plan (NH PFML), which is a voluntary program administered by MetLife. This plan provides covered employees with either six or twelve weeks of partially paid leave for certain family and medical reasons, including caring for one’s own medical condition when other disability coverage doesn’t apply, new child bonding, caring for a family member with a medical condition, and certain military family reasons. If an employer doesn’t provide NH PFML or an equivalent benefit, workers may purchase NH PFML coverage on their own.

News Out of New York

New York Paid Family Leave (PFL) provides job protection and wage replacement for new child bonding, certain military family reasons, and care for a family member with a serious health condition. Prior to January 1, 2023, a family member was defined as a spouse, domestic partner, child, step-child, parent, parent-in-law, grandparent or grandchild. After January 1, the definition also includes siblings (biological, adopted, step and half).

Oregon but Not Forgotten

Although employees won’t be able to apply for benefits until September 3, 2023, all Oregon employers should ensure they are complying with current Paid Leave Oregon (PLO) requirements, which include:

Notice to employees
Employer contributions (for employers with 25+ employees) and employee paycheck deductions starting as of January 1, 2023.

Oregon has provided a helpful Employer Toolkit and Employer Guidebook with more information on these requirements. Also, Oregon employers may be able to opt out of the state program with an approved equivalent plan.

Starting September 3, 2023, PLO will provide eligible employees with up to 12 weeks of paid leave per year for family, medical and safety reasons, with an additional 2 weeks for pregnancy-related medical leave. Most Oregon workers will be eligible for paid benefits, as the earnings threshold is low ($1,000 in the prior year).

Even though the PLO program doesn’t start paying benefits until September 2023, Oregon’s Family Leave Act (OFLA) remains in effect and provides unpaid job protection for eligible employees who need leave for family and medical reasons, including bereavement leave. Employers are covered by OFLA if they have 25 or more employees working in Oregon in the current or previous year. Employees are eligible for OFLA if they have worked for an employer for 180 days–but during declared public health emergencies, employees are eligible with 30 days of employment if they’ve worked an average of 25 hours a week in the 30 days before taking leave. On November 14, 2022, Governor Brown declared a public health emergency related to pediatric RSV that currently extends to March 6, 2023, so the lower (30 day) threshold is in effect until that date, unless the declaration is extended or terminated earlier by the governor.

Rhode Island in the Sun

For the second year in a row, Rhode Island is increasing the amount of paid family leave available to eligible employees by one week, from five weeks in 2022 to six weeks in 2023.

Verdict on Vermont

Vermont recently announced that it will be partnering with The Hartford to launch its Vermont Family and Medical Leave Insurance Plan (VT-FMLI) for state employees in July 2023, for private employers in 2024 and for individuals whose employers don’t offer VT-FMLI in 2025. The VT-FMLI program is voluntary and provides at least six weeks of paid leave benefits for certain family and medical reasons, as detailed on The Hartford website.

Virginia is for Leave Laws

On July 1, 2022, the Private Family Leave Insurance Act law became effective. This law permits insurers to offer policies to employers that would provide partial pay for new child bonding, caring for a family member with a serious health condition or certain military family reasons. This family leave insurance coverage is completely optional for employers.

A Big "W" for Washington State

As of June 9, 2022, Washington State’s Paid Family and Medical Leave (WA PFML) includes bereavement leave taken in the seven days following the loss of a child, if the employee would have qualified for medical leave for the birth of that child or family leave to bond with the child after birth or placement.

About Tilt

The 2022 State-by-State Leave Law Report Vol. 2

Tilt on May 25, 2022

The leave law landscape seemingly never sleeps, and since staying on top of it would keep you up all night, Tilt has you covered with Vol. 2 of our: 2022 State-by-State Leave Law Report.

Enjoy our breakdown below of the states making waves! We even made a downloadable version for you to share (aren’t we nice?).

Looking for all the insightful goodies from Vol. 1? See what you might have missed here.

Status of National Paid Family and Medical Leave

Congress has stalled on passing a national paid leave law, but there is growing business support for a paid leave program across the U.S., organized in part by PL+US (Paid Leave for the United States), a non-profit advocacy group.

Status of State Paid Family and Medical Leave

As of May 1, 2022 seven states (California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, and Washington) plus D.C. have paid family and medical leave programs. But now, we have not just two, but four other states that have passed legislation to offer paid leave benefits in the near future:

Oregon – 2023
Colorado – 2024
Maryland – 2025 (new – details below)
Delaware – 2026 (new – details below)

Merilly Merilly Maryland

On April 9, 2022, the Maryland legislature voted to override the governor’s veto of paid leave legislation. So, starting in January 2025, Maryland will offer eligible employees up to 12 weeks of partially paid leave in a year for new child bonding, certain military family reasons or to care for themselves or a close family member with a serious health issue.

New parents who also experience a serious health issue may be eligible for up to 24 weeks of paid leave in a year.

Get Del-Aware

On May 10, 2022, paid leave legislation was signed into law by Governor John Carney.

Beginning in 2026, this program will provide eligible employees with up to 12 weeks of partially paid parental leave in a year, and up to 6 weeks in two-year period for employees to care for themselves or a close family member with a serious health issue, or for certain military family reasons.

The Deal with the District (D.C.)

The number of paid weeks of leave available for eligible employees under D.C.’s Universal Paid Leave Act is set to increase in 2022. Currently, D.C. offers up to 6 weeks of benefits to employees needing leave to care for their own, or a family member’s, serious health condition, and 8 weeks for parental leave
(with an additional 2 weeks for prenatal care if necessary).

With the expansion of benefits, eligible employees will receive up to 12 weeks of leave for these family and medical leave reasons, plus an additional 2 weeks for prenatal care if necessary. These changes were originally expected to go live on July 1, 2022, but may be delayed to October 1, 2022.

Honorable Mention: Virginia

On April 7, 2022, Virginia’s governor signed into law a Private Family Leave Insurance Act, which is a voluntary plan that permits employers to purchase insurance policies that would provide benefits to partially replace wages lost due to new child bonding, caring for a family member with a serious health condition or certain military family reasons.

The law is effective July 1, 2022.

The 2022 State-By-State Leave Law Report Vol. 1

Tilt on May 17, 2022

(Prepared Jan. 2022)

New Year. New rules. But don’t fret. We’ve been keeping up on all things LOA so you don’t have to. Below is a cheat sheet so you’re in the know. Sit back, relax, and read up on the changes that took effect. Or don’t. We’ve got your back either way.

Just don’t say we didn’t warn ya.

P.S. if you have any Q’s or comments, we’re here for you! We even made a downloadable version for you here!

Status of National Paid Family & Medical Leave

According to the talking heads, the fate of the Build Back Better Act (AKA the BBBA: The proposed federal paid family and medical leave policy for U.S. Workers) is still TBD. We’re keeping our fingers crossed. Until then, we’ll have to rely on the brave states who have taken matters into their own hands. We salute you.

Status of State Paid Family & Medial Leave

As of Jan 1, 2022, seven states (looking at you California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, and Washington) plus D.C. have paid family and medical leave programs. Two more states (shoutout to Colorado and Oregon) are slated to offer paid leave benefits in 2023 and 2024. Other states (hi Delaware, Maine, and Maryland) are pushing for paid family and medical leave in 2022. Let’s dive into the changing state of state paid family and medical leave laws.

California Love

The California Family Rights Act (CFRA) provides unpaid, job-protected time off to employees. New twist? The definition of “family member” has been expanded yet again. CFRA leave can now be used to care for a parent-in-law with a serious medical condition.

Rocky Mountain High

Colorado became the 9th state to establish a paid family and medical leave program. Fun fact: Colorado was the 1st state to do it by ballot initiative. #PowerToThePeople. This year Colorado will continue the regulatory process with expected contributions beginning in 2023 and anticipated benefit payouts in 2024.

Growing Benefits in the Garden State

2022 marks the first full year for New Jersey’s higher wage replacement (up to 85% of an employee’s average weekly wage #chaching) and longer leave durations (up to 12 consecutive weeks!)

Connecting the Dots in Connecticut

There are a lot of changes going on in CT’s leave land. The TL;DR is employees with a qualifying family or medical need will be able to receive paid benefits from the state’s new program for up to 12 weeks (or 14 weeks for people with pregnancy complications).

The Connecticut Department of Labor released guidance on how employers should handle leaves that cross from 2021 into 2022. How nice, right? Well kind of. The guidance is not law and doesn’t have the same authority as regulations. That said, we’re following it until the regulations are formally changed.

D.C. We See You

The District of Columbia is starting the new year off with an expansion of its personal medical leave from 2 weeks to 6 weeks and another 2-week allotment for prenatal care and pregnancy loss.

PSA: the combined max number of all forms of paid leave is generally 8 weeks but could be 10 weeks if for e.g. someone takes parental leave and prenatal leave. D.C.’s mayor signed an emergency order that provides leave for Covid-19 vaccination and recovery and also extends public health emergency leave under D.C.’s Family Medical Leave Act (“DCFMLA”).

New York State of Mind

New York’s Paid Family Leave Law expanded its definition of “family member” to include siblings (biological, adopted, step, and half). Big heads up here: this change does not go into effect until Jan. 1, 2023.

New York also adopted an amendment to clarify the number of intermittent leave days eligible employees can take.

TL;DR qualifying employees that work at least 5 days a week can take a maximum of 60 days of intermittent leave per year. Note: this change applies to requests for paid family leave made on or after Jan. 1, 2022. New York’s Department of Labor revised previous guidance to confirm that paid covid-19 vaccination leave applies to booster shots.

Leave it to (the) Beaver (State)

Oregon is preparing to implement its paid leave program and is scheduled to begin collecting paid leave premiums on Jan. 1, 2023, with benefit payments anticipated for Sept. 1, 2023.

Rhode Island

RI put its money where its mouth is and increased paid family leave benefits from 4 weeks to 5 weeks in 2022 with another expected jump to 6 weeks in 2023.

A New Hampshire Honorable Mention

New Hampshire’s Governor recently signed into law the Granite State Paid Family Leave Plan. Big asterisk: this is a voluntary program meaning individuals and employers can choose whether to participate. The RFP process is set to begin in March 2022 with coverage anticipated in Jan 2023.

In summation...

Keeping up with leave laws can be a pain in the (you know what). We get it, and we’re here to help!

Hit us up and learn how we’re helping organizations make leave suck less!