Keeping up-to-date and compliant with the ever-growing collection of federal, state and other disability and paid family leave laws is no simple task. In fact, it can be a full-time job. Failure to abide by relevant laws and regulations can expose companies, and in some cases supervisors and managers personally, to fines, lawsuits and other penalties.
To provide you with the most current, detailed and accurate information about these many statutes and regulations, Reliance Standard and Matrix Absence Management employ dedicated legal and regulatory compliance experts who monitor, compile and share information and insights to help you stay on track.
Assembled here, and organized by federal, state and/or territorial jurisdiction, are summaries of the various statutory disability, state temporary disability plans and state paid family leave laws. Simply click on the state above and you’ll be shown a clear distillation of the core provisions of the various plans in that jurisdiction as we understand them to date.
To ensure you have the most current information on any particular geography, as well as commentary on the various plans and statutes, we encourage you to visit and subscribe to the Matrix Radar blog, our channel for sharing thoughts and research on industry developments, legislative updates and other topics of interest.
For additional questions or assistance complying with these statutes and regulations, please contact your local Reliance Standard account manager or sales representative.
Last Edited: February 15, 2023
The information referenced above and provided on this site will be updated as necessary. PLEASE NOTE this information does not constitute legal advice. You should always consult your broker and/or legal counsel for advice on the appropriate benefits solution based on your specific group or situation.
Family and Medical Leave Act (FMLA)Although unpaid, FMLA overlaps with other leave laws. Effective Date 1993 |
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Employee Eligibility |
12 months of service:
|
Job Protection |
Yes |
Leave Reasons |
|
Family Members |
Yes (Parent/Child/Spouse) |
Includes Bonding? |
Yes |
Benefit Amount AWW = average weekly wage |
Unpaid |
Maximum Benefit |
Unpaid |
Duration |
12 weeks/26 weeks (care of servicemember) in a 12-month period |
Funding Mechanism AWW = average weekly wage |
N/A |
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New York has a state disability benefits program covering an employee’s own injury or illness and a paid family leave program covering employee leave to care for or bond with a family member. NY Paid Family Leave (PFL) is a mandatory rider to existing New York disability benefit (DBL) policies. Employers exempt from providing DBL can voluntarily opt in to provide stand-alone PFL policies.
DISCLAIMER: The information summarized on this page does not, and is not intended to, constitute legal advice. The information is subject to change at any time and does not represent the full extent of the corresponding state law(s). This chart has been provided solely for reference and contains basic information for each listed category. For more detailed information regarding the state law(s), please consult legal counsel and review the statutes, regulations, and state agency materials.
New York Disability Benefits (DBL)Effective 1949Department: NYS Workers Compensation Board - Home Page Statute: Article 9 Rules/Regulations: Rules and Regulations |
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---|---|
Administered By |
RSLI – Insured Matrix – Self-funded |
Covered Employer |
Every person, partnership, association or corporation that employs one or more employees working in New York state for at least 30 days:
|
Covered Employee & Eligibility |
Exclusions include but are not limited to:
|
Qualifying Leave/Benefits Reasons |
Off-the-job injury or illness
|
Waiting Period |
7 days per disabling condition; benefits begin on 8th consecutive day of disability |
Relapse Period |
|
Contribution Rate & Responsibility |
Employee contribution –
Employer contribution – Pays balance of plan cost (if any) that exceeds employee contribution |
Benefit Amount |
|
Maximum Duration of Benefits/Leave |
26 weeks (including a 7-day waiting period) during 52 consecutive calendar weeks |
Increments of Leave Usage/Benefits |
|
Interaction with Other Leaves and Benefits |
|
Leave/Benefits Year |
52 consecutive weeks retroactively (rolling back) from first week/day of leave |
Employer Notice Requirements |
Notice of Compliance: DB-120 (obtained from insurer) – employer must post and “maintain conspicuously” at their place/places of business Statement of Rights: DB-271S – employer must provide to employee within 5 days after employee is absent from work due to disability for more than 7 consecutive days (or within 5 days after employer learns 7-day absence is due to a disability, whoever is later). |
Employee Notice Requirements |
Employee must file claim within 30 days of becoming disabled and must provide a statement of disability, completed by attending physician. |
Employee Claim Documentation |
Notice and Proof of Claim for Disability Benefits: DB-450 |
Filed with Employer or Insurance Carrier |
Claimant’s Statement No Fault or Personal Injury: DB-450.1 – Required if employee was injured in a no-fault motor vehicle accident or the injury is result of negligence/wrongdoing of a third party |
Job Protection |
|
Benefits Protections |
Not addressed |
Voluntary Plan Options |
|
Miscellaneous |
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New York Paid Family Leave (PFL)Effective 2018Department: NY Paid Family Leave website Statute: NY Article 9 – Disability and Paid Family Leave Benefits Regulations: NY Paid Family Leave |
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Administered By |
RSLI – Insured Matrix – Self-funded |
Employer |
Public employers may opt in Private Employer of one or more employees working in New York state for at least 30 days:
|
Employee |
Exclusions include but are not limited to:
|
Employee Eligibility |
Employees who change jobs from one Covered Employer to another Covered Employer must requalify for coverage with the current employer |
Qualifying Leave/Benefits Reasons |
Covered Family Member
|
Waiting Period |
No waiting period |
Relapse Period |
|
Contribution Rate & Responsibility |
|
Benefit Amount |
|
Maximum Duration of Benefits/Leave |
2021 and after – 12 weeks (previous years: 2018 – 8 weeks, 2019 and 2020 – 10 weeks) |
Increments of Leave Usage/Benefits |
|
Interaction with Other Leaves and Benefits |
|
Leave/Benefits Year |
52 consecutive weeks retroactively (rolling back) from first week/day of leave |
Employer Notice Requirements |
|
Employee Notice Requirements |
|
Employee Claim Documentation |
Forms and additional claim documentation information:
|
Job Protection |
Job protected |
Benefits Protections |
Employer must continue existing health benefits during leave on the same terms as if the employee had continued working |
Appeals |
A rejection of PFL benefits must be appealed within 26 weeks of written notice. Information about the appeal process is available at NAM Case Management (namadr.com) |
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New York Paid Sick/Quarantine LeaveEffective March 18, 2020 |
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Employee Eligibility |
All employees working for all private and public employers in New York |
Waiting Period |
None (DBL Waiting period Waived) |
Qualifying Leave/Benefits Reason(s) |
|
Documentation Required |
|
Benefit Amount |
Employer with 1-10 employees and net income < $1M:
Employer with 1-10 employees and net income of $1M or greater, and employers with 11-99 employees
Public Employers of any size and private employers with 100+ employees
|
Job Protection |
Full job protection for the duration of employee’s quarantine, whether paid or unpaid. |
Duration |
See coverage information provided above. |
Additional Conditions, Requirements, etc. |
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Municipal/County COVID-19 Leave LawsThere may be additional municipalities or counties with new or extended COVID-related leave laws. We have included in our list those that, at last check, may have expired recently. Many local governments are extending their COVID-related leave laws as the pandemic continues. Always review the current ordinance and related materials directly. |
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New York, NYNYC Paid Sick and Safe time (COVID Guidance) |
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Westchester County, NYEarned Sick Leave law preempted by NY State Sick leave Law |
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California has a state disability insurance program covering an employee’s own injury or illness, and a paid family leave program covering employee leave to care for or bond with a family member. In addition, San Francisco has a paid parental leave that coordinates with CA PFL.
DISCLAIMER: The information summarized on this page does not, and is not intended to, constitute legal advice. The information is subject to change at any time and does not represent the full extent of the corresponding state law(s). This chart has been provided solely for reference and contains basic information for each listed category. For more detailed information regarding the state law(s), please consult legal counsel and review the statutes, regulations and state agency materials.
California State Disability Insurance (SDI)Effective 1946 |
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Administered By |
State – State-administered Matrix – Self-funded |
Covered Employer |
Employer with one or more employees working in the state of California. |
Covered Employees & Eligibility |
|
Qualifying Leave/Benefits Reasons |
Off-the-job injury or illness which results in lost wages. Includes:
|
Waiting Period |
7 consecutive or non-consecutive days. Benefits start on 8th day
|
Relapse Period |
Successive periods of disability caused by the same or related injury or illness within 60 days of initial claim, will be considered a continuation and no new waiting period is required |
Contribution Rate & Responsibility |
|
Benefit Amount |
Claims beginning on or after January 1, 2022:
Claims beginning on or after January 1, 2023:
If you are eligible, you can receive about 60 to 70 percent (depending on income) of wages earned 5 to 18 months before your claim start date. You can be paid benefits for a maximum of 52 weeks. For more information, review Calculating Disability Benefit Payment Amounts. |
Maximum Duration of Benefits/Leave |
52 weeks from date of disability.
|
Increments of Leave Usage/Benefits |
|
Interaction with Other Leaves and Benefits |
|
Leave/Benefits Year |
52 consecutive weeks from the start of leave |
Employer Notice Requirements |
Notice to Employees (DE 1857A) – Employers required to provide Unemployment Insurance, Disability Insurance and Paid Family Leave Notice to Employees (DE 1858) – Employers required to provide Disability Insurance and Paid Family Leave (no Unemployment Insurance) |
Employee Notice Requirements |
Employee must submit completed claim form (DE 2501) between 9 and 49 days after first day of disability begins |
Employee Claim Documentation Filed With Employer or Insurance Carrier |
SDI Online – Online option Claim for Disability Insurance Benefits (DE 2501) – Mail option Employee must provide (Detailed Information):
Religious practitioner care: Employee must request a Claim for Disability Insurance Benefits – Religious Practitioner’s Certificate (DE 2502). Certification only acceptable if the practitioner has been accredited by the Employment Development Department. |
Job Protection |
None – Job may be protected under other federal or state laws such as FMLA, CFRA, CA Pregnancy Disability Leave, CA Leave For Organ or Bone Marrow Donation, and/or CA Leave for Victims of Domestic Violence, Sexual Assault, and Stalking, if applicable. |
Benefits Protections |
Not addressed |
Voluntary Plan Options |
Employer’s Guide to Voluntary Plan Procedures – Insured and self-funded options are available with the mutual consent of the employer and a majority employee vote. The plan must have at least one right or benefit that is better than the rights provided by the state plan. Voluntary plans must include both PFL and SDI. |
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California Paid Family Leave (PFL)Effective 2004 |
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Administered By |
State – State-administered Matrix – Self-funded |
Covered Employer |
Employer with one or more employees working in the state of California. |
Covered Employees & Eligibility |
|
Qualifying Leave/Benefits Reasons |
Covered family members – Child (no age restriction), parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner |
Waiting Period |
No waiting period |
Relapse Period |
Not applicable |
Contribution Rate & Responsibility |
|
Benefit Amount |
Claims beginning on or after January 1, 2022:
Claims beginning on or after January 1, 2023:
Weekly benefit amount is about 60 to 70 percent (depending on income) of wages earned 5 to 18 months before your claim start date and up to the maximum weekly benefit. If your highest quarterly earnings are:
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Maximum Duration of Benefits/Leave |
8 weeks |
Increments of Leave Usage/Benefits |
|
Interaction with Other Leaves and Benefits |
|
Leave/Benefits Year |
12-month period from first day of leave |
Employer Notice Requirements |
Notice to Employees (DE 1857A) – Employers required to provide Unemployment Insurance, Disability Insurance and Paid Family Leave Notice to Employees (DE 1858) – Employers required to provide Disability Insurance and Paid Family Leave (no Unemployment Insurance) |
Employee Notice Requirements |
Employee must submit completed claim by mail or online within 41 days from the date the family leave begins |
Employee Claim Documentation Filed With Employer or Insurance Carrier |
SDI Online – Online option Claim for Disability Insurance Benefits (DE 2501F) – Mail option See Paid Family Leave Claim Process (ca.gov) for documentation required for each type of PFL claim
|
Job Protection |
None – Job may be protected under other federal or state laws such as FMLA, CFRA, CA Leave for Victims of Domestic Violence, Sexual Assault, and Stalking, and CA Family Military Leave, if applicable |
Benefits Protections |
Not addressed |
Voluntary Plan Options |
Employer’s Guide to Voluntary Plan Procedures – Insured and self-funded options are available with the mutual consent of the employer and a majority employee vote. The plan must have at least one right or benefit that is better than the rights provided by the state plan. Voluntary plans must include both PFL and SDI. |
Miscellaneous |
Employers with San Francisco employees may be required to supplement employee wages if they are receiving PFL benefits for bonding with a new child through birth, adoption, or foster care placement. For more information, view the San Francisco Paid Parental Leave Ordinance. |
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San Francisco, CA Paid Parental Leave OrdinanceEffective January 1, 2017Paid Parental Leave Ordinance, San Francisco Police Code, Article 33H Paid Parental Leave Ordinance Amendment - April 2020.pdf (sfgov.org) Regulations: |
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Administered By |
Program oversight and enforcement: San Francisco Office of Labor Standards Enforcement (the “Agency”) Benefits are administered and paid by employer or through a CA PFL voluntary plan administrator |
Covered Employer |
Employers with 20 or more employees worldwide |
Covered Employees & Eligibility |
Employee must meet all of the following eligibility requirements:
Beginning January 1, 2020, all workers, including those classified by a company as independent contractors, will be considered “employees” and entitled to coverage unless the employer can prove otherwise. See AB 5, Worker v. Employee |
Qualifying Leave/Benefits Reasons |
Note: SF PPLO is not available for leave reasons other than bonding covered by the California PFL law |
Waiting Period |
No waiting period |
Relapse Period |
Not applicable |
Contribution Rate & Responsibility |
Supplemental Compensation under the SF PPLO is paid directly by the employer; no employee contribution is required |
Benefit Amount |
Claims beginning on or after January 1, 2022:
Claims beginning on or after January 1, 2023:
For a leave calculator click Understanding the Paid Parental Leave Ordinance | San Francisco (sf.gov) |
Maximum Duration of Benefits/Leave |
8 weeks (must be at least the same amount required by CA PFL) |
Increments of Leave Usage/Benefits |
|
Interaction with Other Leaves and Benefits |
|
Leave/Benefits Year |
12-month period from first day of leave Final PPLO Rule, Introduction and Definitions |
Employer Notice Requirements |
Posting: Employers must post notice of SF PPLO rights in a conspicuous place in the workplace, in English, Spanish, Chinese, and any language spoken by at least 5% of the employees at the workplace or job site. The Agency makes available posters in the languages spoken by at least 5% of the San Francisco workforce. Employers must provider SF PPLO Form to employees after employee tells employer of the fact that s/he is expecting a newborn, adopted, or foster child, or sooner if the employee enquires about paid parental leave. If Covered Employer publishes an employee handbook that describes other kinds of personal or parental leave, Employer must include a description of PPLO rights Final PPLO Rule 4 |
Employee Notice Requirements |
SF PPLO does not impose any advance notice requirements on the employee but employees must first file for California PFL benefits and then submit a claim for San Francisco supplemental benefits to their employer |
Employee Claim Documentation |
1. Employee must file a claim for CA PFL for new child bonding through the Employment Development Department (EDD).
2. Employee must complete the San Francisco Paid Parental Leave Form (PPL Form) and provide it to each Covered Employer. 3. Once the employee files a claim for State PFL, EDD will send the employee a form entitled Notice of Computation (DE429D) which will set forth the employee’s weekly State PFL benefit amount.
4. if requested by a covered employer(s), the employee must provide employer(s) with his/her Electronic Benefit Payment (EBP) Notification (form DE 2500E), which is provided by the State EDD and which verifies that an employee is in fact eligible for and receiving State PFL benefits. Your employer may refer to this as your "Notice of Payment." Click Understanding the Paid Parental Leave Ordinance | San Francisco (sf.gov) for information about filing a claim, forms, and FAQs. |
Job Protection |
None – Job may be protected under other federal or state laws such as FMLA or CFRA, if applicable Law prohibits retaliation for exercising rights, and an adverse action within 90 days of protected activity raises a rebuttable presumption of a violation 3300H.7 |
Benefits Protections |
Not addressed |
Appeals |
The Agency may issue notices of violation; the alleged violator has a right to hearing 3300H.8(b) Civil enforcement is permitted after written notice to the Agency 3300H.8(c) |
Voluntary Plan Options |
|
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California AB 1867 Sec 3 (CA LABOR § 248)4/16/2020 through 12/31/2020 or any extension to FFCRA |
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Employee Eligibility |
|
Waiting Period |
None (248 (b)(2)(D)) |
Qualifying Leave/Benefits Reason(s) |
|
Documentation |
Not Specified |
Benefit Amount |
Leave paid at employee’s regular rate of pay or highest applicable minimum wage (capped at $511/day and $5110 total per employee) |
Job Protection |
Yes |
Duration |
80 hours or two weeks part-time equivalent |
Additional Information |
|
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California AB 1867 Sec 4 (CA LABOR § 248.1)09/19/2020 through 12/31/2020 or any extension to FFCRA |
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Employee Eligibility |
|
Waiting Period |
None (248.1 (b)(2)(E)) |
Qualifying Leave/Benefits Reason(s) |
|
Documentation |
Not Specified |
Benefit Amount |
Leave paid at employee’s regular rate of pay or highest applicable minimum wage (capped at $511/day and $5110 total per employee) |
Job Protection |
Yes |
Duration |
80 hours or two weeks part-time equivalent |
Additional Information |
|
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Municipal/County COVID-19 Leave LawsThere may be additional municipalities or counties with new or extended COVID-related leave laws. We have included in our list those that, at last check, may have expired recently. Many local governments are extending their COVID-related leave laws as the pandemic continues. Always review the current ordinance and related materials directly. |
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Berkeley, CA (No COVID specific leave)Paid Sick Leave Ordinance |
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Emeryville, CAPaid Sick Leave Ordinance (COVID Guidance) |
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Long Beach, CAPaid Supplemental Sick leave Ordinance
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Los Angeles, CASupplemental Paid Sick Leave
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Los Angeles County, CASupplemental Paid Sick Leave
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Oakland, CAEmergency Paid Sick Leave
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Sacramento, CAAmendment to Sacramento City Code
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Sacramento County, CAAmendment to Sacramento County Code |
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San Diego, CAPositive Recovery Stipend Program
Earned Sick Leave GuidanceSupplemental Paid sick leave |
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San Francisco, CAPaid Sick Leave (COVID guidance)Public Health Emergency Leave
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San Jose, CAEmergency Sick Leave |
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San Mateo County, CASupplemental Paid Sick Leave
|
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Santa Monica, CA (No COVID Specific Ordinance)Paid Sick leave |
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Santa Rosa, CATemporary Paid Sick Leave
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Sonoma County, CASupplemental Paid Sick Leave
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Colorado Paid Family and Medical Leave Insurance ActColorado's paid family and medical leave program (Family and Medical Leave Insurance Act – “FAMLI Act”) provides paid leave benefits for an employee’s own serious health condition; family leave benefits to care for a new child, care for a family member with a serious health condition, and for military-related events when a family member is deployed to active duty; and safe leave for victims of domestic violence, sexual assault, or stalking. Statute: Colorado Paid Family and Medical Leave (C.R.S. §§ 8-13.3-501 et seq.) Rules: Proposed/Adopted Rules | Family and Medical Leave Insurance (colorado.gov) State PFML website: Family and Medical Leave Insurance (colorado.gov) Effective:
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Administered By |
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Statute: Rules: |
Covered Employers |
|
Statute: Rules: |
Covered Individuals & Eligibility |
“Covered Individual” means any person who:
OR Note: For simplicity, we use the term “employee” throughout this chart |
Statute: Rules: |
Qualifying Leave/Benefits Reasons |
Leave/benefits reasons:
Covered family relationships:
* Note: These relationships include biological, foster, adoptive, step, and in loco parentis relationships and the same relationships to the employee’s spouse or domestic partner, if applicable |
Statute: Rules: |
Required Claim Documentation |
Applications for leave must be filed:
Documentation must include:
|
Statute: Rules: |
Waiting Period |
None |
|
Contribution Rate & Responsibility |
|
Statute: Rules: |
Benefit Amount |
PLUS |
Statute: Rules: |
Maximum Duration of Benefits |
|
Statute: |
Increments of Leave Usage/Benefits |
|
Statute: Rules: |
Interaction with other Leaves/Benefits |
STD/LTD: Employer can require any payment made or leave allowed under a disability policy be taken concurrently or otherwise coordinated (e.g. set-offs allowed not to exceed 100% of wages) |
Statute: Rules: 7 CCR 1107-4.3 – 4.8 |
Leave/Benefits Year |
Application Year:
|
Statute: Rules: |
Employer Notice Requirements |
|
Statute: |
Employee Notice Requirements |
|
Statute: Rules: |
Job Protection |
If employee has been employed with current employer for at least 180 days prior to commencement of PFML leave, restoration after leave to same or equivalent position and terms and conditions of employment |
Statute: Rules: |
Benefits Protection |
Continuation of health care benefits during leave |
Statute: Rules: |
Employer Reimbursement |
Employer can receive reimbursement from state program or private plan insurance carrier for advance payments made by employer equal to or greater than CO PFML benefits |
Statute: |
Appeals |
Claimants:
Employers:
|
Statute: Rules: |
Private Plans |
Insured and self-funded private plans are available. Please see the Reliance Standard/Matrix Absence Management CO PFML Private Plan Application Guide |
Statute: Rules: |
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District of Columbia’s Universal Paid Leave program (UPL) provides paid family and medical leave benefits for an employee’s serious health condition including pregnancy, and for bonding with a new child and caring for a family member with a serious health condition.
DISCLAIMER: The information summarized on this page does not, and is not intended to, constitute legal advice. The information is subject to change at any time and does not represent the full extent of the corresponding state law(s). This chart has been provided solely for reference and contains basic information for each listed category. For more detailed information regarding the state law(s), please consult legal counsel and review the statutes, regulations, and state agency materials.
District of Columbia Universal Paid Leave (UPL) - Paid Family and Medical Leave BenefitsContributions began July 1, 2019
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Administered By |
|
Covered Employer |
All private sector DC employers with one or more employees |
Covered Employees & Eligibility |
Full or part-time employee who works for a Covered Employer and: And: |
Qualifying Leave/Benefits Reasons |
|
Waiting Period |
No waiting period for claims "filed after October 1, 2021, and before the 365th day after the end of the public health emergency" |
Relapse Period |
None |
Contribution Rate & Responsibility |
|
Benefit Amount |
Calculation:
Maximum Benefit:
Intermittent leave is calculated based on the employee’s regular workweek. For example, an employee who works 5 days will be entitled to 1/5 of PFL weekly benefit amount for 1 day of leave. |
Maximum Duration of Benefits/Leave |
Before October 1, 2022:
On or After October 1, 2022*:
|
Increments of Leave Usage/Benefits |
|
Interaction with Other Leaves and Benefits |
|
Leave/Benefits Year |
52 calendar weeks (measuring method for the 52 weeks is not defined by the UPL statute or regulations) |
Employer Notice Requirements |
|
Employee Notice Requirements |
|
Employee Claim Documentation |
Paper form (send to Office of Paid Family Leave, 4058 Minnesota Ave. NE, Washington, DC 20019) or online at DC Paid Family Leave. Additional documentation to support the need for leave:
|
Job Protection |
None; job protection may be available under the federal FMLA and/or DC FMLA if applicable |
Benefits Protections |
None; benefits protection may be available under the federal and/or DC FMLA if applicable |
Appeals |
Within 60 days after notice of an adverse determination, employee may appeal to the Office of Administrative Hearings:
|
Voluntary Plan Options |
Not allowed |
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District of Columbia – Expansion of DC FMLAEffective 03/11/2020 – April 21, 2021, or the end of Declared Emergency, whichever occurs first |
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Employee Eligibility |
Employee who has worked for 30 days for a DC employer of any size |
Waiting Period |
None |
Qualifying Leave/Benefits Reasons |
|
Documentation |
Employer may require reasonable certification of the need for leave as follows:
|
Benefit Amount |
Unpaid |
Job Protection |
Yes |
Duration of Leave |
16 weeks in addition to regular DC FMLA |
Additional Information |
|
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Delaware Family and Medical Leave Insurance Program (FMLI)Contributions start January 1, 2025 Benefits start January 1, 2026 Delaware has enacted a paid family and medical leave insurance program (PFMLI) that is currently in the process of development. When in effect, the program will provide paid leave benefits for an employee’s own serious health condition, family leave benefits to care for a new child or a family member with a serious health condition, and military qualifying exigencies. While benefits appear to be paid out of a state Family and Medical Leave Insurance Fund by the state, the burden of taking and adjudicating claims appears to lie with the employers. The information below is based only on the statute at this time, as regulations have not yet been adopted. Watch this site for updates as more information becomes available. Statute: Delaware Senate Bill 1; Title 19 of the Delaware Code, Chapter 37 Regulations: None yet; to be adopted by Department of Labor State website: None yet |
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Administered By |
State program:
Private plans:
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Statute: |
Covered Employer & Business Entity |
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Statute: |
Covered Individuals & Employee Eligibility |
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Statute: |
Qualifying Leave/Benefits Reasons |
|
Statute: |
Required Claim Documentation |
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Statute: |
Waiting Period |
None specified |
|
Contribution Rate & Responsibility |
For 2025-2026:
For 2027 Forward: To be determined* Employer can require employee to contribute up to 50% of total contribution *If contribution rate exceeds 1% of wages, department shall reduce benefit from 80% of AWW to the lowest percentage of AWW that would allow a contribution rate less than 1% |
Statute: |
Benefit Amount |
|
Statute: |
Maximum Duration of Leave & Benefits |
12 weeks per Application Year
|
Statute: |
Increments of Leave Usage/Benefits |
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Statute: |
Interaction with Other Leaves and Benefits |
|
19 §3709 |
Leave/Benefits Year |
Application Year: 12-month period defined in FMLA |
Statute: |
Employer Notice Requirements |
|
Statute: |
Employee Notice Requirements |
Notice of intention to take covered leave 30 days in advance, if known, or as soon as practicable |
Statute: |
Job Protection |
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Statute: |
Benefits Protections |
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Statute: |
Reporting Requirements |
Employer must report approvals to Department within 3 days in a manner to be determined |
Statute: |
Appeals |
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Statute: |
Private Plan Options |
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Statute: |
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Hawaii requires employers to provide a disability benefits program covering an employee’s own non-work-related injury, illness or sickness, including pregnancy and organ donation.
Hawaii Temporary Disability Insurance (TDI)Effective 1969Department: Hawaii Department of Labor & Industrial Relations, Disability Compensation Division Statute: Hawaii Revised Statutes, Chapter 392 Regulations: Hawaii Administrative Rules, Chapter 11, Title 12 |
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---|---|
Administered By |
* Under the self-insurance option, the self-insurer must maintain an office which receives and processes temporary disability insurance claims and issues such benefit payments or engage an independent claims adjusting service as a claims agent in the State of Hawaii. |
Covered Employer |
Every employer in the state of Hawaii, including the state and political subdivisions, except to the extent the type of services performed by an employee are excluded from coverage. See “Covered Employee” below for exclusions. H.R.S. 392-3 |
Covered Employes & Eligibility |
In the 52 weeks preceding the first day of disability, the employee:
For a list of exclusions, see: H.R.S. 392-5 |
Qualifying Benefits Reasons |
|
Waiting Period |
7 consecutive days. Benefits begin on 8th consecutive day of disability. |
Relapse Period |
Same or related cause or condition separated by not more than 2 weeks will be considered one continuous disability period |
Contribution Rate & Responsibility |
Employee Contribution cannot exceed:
Employer Contribution:
|
Benefit Amount |
As of January 1, 2022: 58% of employee’s average weekly wage, up to the maximum of $697 per week. As of January 1, 2023: 58% of employee’s average weekly wage, up to the maximum of $765 per week. See 2023 Maximum Weekly Wage Base and Maximum Weekly Benefit Amount |
Maximum Duration of Benefits/Leave |
26 weeks following expiration of the 7-day waiting period |
Increments of Leave Usage/Benefits |
Continuous only |
Interaction with Other Leaves and Benefits |
|
Leave/Benefits Year |
Benefit Year: The one-year period beginning with the first day of the first week of disability when the employee first files a claim. Subsequent Benefit Year: The one-year period following a preceding benefit year, beginning either:
|
Employer Notice Requirements |
Poster: Employers must publicly display notice of employee's disability rights and benefits Disability Compensation Law – Notice to Employees After a claim is reported by the employee, employer must provide the TDI-45 Form to the employee.
|
Employee Notice Requirements |
|
Employee Claim Documentation |
Employee must request Form TDI-45 from employer and complete Part A, Claimant’s Statement. Employee’s physician must certify the disability on Part C, Doctor’s Statement. Form is provided to the employer's claims administrator (if self-funded) or to employer's TDI carrier. |
Job Protection |
None. However, job protection may be provided through the federal FMLA or Hawaii leave laws. See Interaction with Other Leaves and Benefits above. |
Benefits Protections |
Not addressed. However, benefits protection may be provided through the federal FMLA or Hawaii leave laws. See Interaction with Other Leaves and Benefits above. |
Voluntary Plan Options |
An employer may adopt one or more of the following methods to provide TD benefits:
|
Appeals |
|
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Hawaii PFML UpdateEffective March 19, 2020 |
|
---|---|
Employee Eligibility |
Same as for all other TDI: employee who has worked for a covered employer for 14 weeks, paid for at least 20 hours, and earned no less than $400 within the 52 weeks prior to the first day of disability |
Waiting Period |
7-day waiting period |
Qualifying Leave/Benefits Reasons |
Employee is unable to work due to being ill or quarantine because of COVID-19 (non work-related) |
Documentation Required |
Doctor’s note stating that employee is ill or quarantined because of COVID-19 |
Benefit Amount |
58% of average weekly wage, maximum of $650 per week |
Job Protection |
No |
Duration |
26 weeks |
Additional Information |
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Maine – Employment Leaves for Caregivers and Persons Affected by Extreme Public Health EmergencyEffective September 1, 2019 |
|
---|---|
Employee Eligibility |
Covers all employees and all employers, public and private |
Waiting Period |
None |
Qualifying Leave/Benefits Reasons |
Available when employee is unable to work because, in connection with an extreme public health emergency, the employee is:
|
Documentation Required |
Upon the employee’s return to work, the employer can require the employee to provide written documentation from a physician or public health official supporting the employee’s leave |
Benefit Amount |
None |
Job Protection |
Yes |
Duration |
Leave must be granted for the duration of the public health emergency and for a reasonable and necessary time period following the end of the emergency |
Additional Information |
|
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Minnesota Quarantine LeaveEffective August 1, 2018 |
|
---|---|
Employee Eligibility |
Covers all employees of all employers |
Waiting Period |
None |
Qualifying Leave/Benefits Reasons |
Leave for an employee who has been subject to isolation or quarantine, or has responsibility for the care of a person is subject to isolation or quarantine. Quarantine or isolation must be based on:
|
Documentation Required |
Not Specified |
Benefit Amount |
None. Employer may provide leave paid or unpaid |
Job Protection |
Yes |
Duration |
Up to 21 consecutive work days of absence |
Additional Information |
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Municipal/County COVID-19 Leave LawsThere may be additional municipalities or counties with new or extended COVID-related leave laws. We have included in our list those that, at last check, may have expired recently. Many local governments are extending their COVID-related leave laws as the pandemic continues. Always review the current ordinance and related materials directly. |
|
---|---|
Duluth, MNEarned Sick and Safe time (COVID Guidance) |
|
Minneapolis, MNSick and Safe Time (COVID Guidance) |
|
St Paul, MNEarned Sick and Safe time (COVID Guidance) |
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New Hampshire has enacted a paid family and medical leave program that is currently in the process of development. New Hampshire’s program will provide paid benefits to state employees, and will allow for private employers and individual employees to opt in. When in effect, the program will provide family leave benefits to care for a new child, care for a family member with a serious health condition, and for military-related events when a family member is deployed to active duty. Employees of private employers, but not state employees, will also be able to use paid leave for their own medical condition. The information below is based only on the statute at this time, as regulations have not yet been adopted. Watch this site for updates as more information becomes available.
New Hampshire Paid Family and Medical Leave Insurance ActStatute: Granite State Paid Family Leave Plan (N.H. Rev. Stat. Ann. §21-I:99 et seq.); N.H. Rev. Stat. Ann. §282-B:1 et seq. Regulations: The Commissioner of the Department of Employment Security has authority to adopt rules for the paid leave program, but none have been developed yet. The NH PFML website represents interpretations by the state and its carrier partner for issues on which there is no statutory guidance. In addition, the New Hampshire Insurance Department has issued regulations at ins-8000-adopted.pdf (nh.gov) for all individual and group policies and certificates that provide coverage for family and medical leave wage replacement benefits (“FMLI”) issued for delivery in New Hampshire. The state and its carrier partner have adopted some of the interpretations or rules from these regulations in developing the program and the information on the NH PFML website. State PFML website: NH Paid Family Medical Leave Effective: All aspects of the program are effective January 1, 2023 |
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---|---|---|
Administered By |
|
Statute: |
Covered Employers |
|
Statute: |
Covered Individuals & Eligibility |
|
Statute: |
Qualifying Leave/Benefits Reasons |
Leave/benefits reasons:
Covered family relationships:
|
Statute: |
Waiting Period |
|
Statute: |
Contribution Rate & Responsibility |
|
Statute: |
Benefit Amount |
|
Statute: |
Maximum Duration of Benefits |
|
NH PFML website |
Increments of Leave Usage/Benefits |
|
State PFML website; also based on N.H. Rules Ins 8001.02(d) |
Interaction with Other Leaves and Benefits |
|
Statute: |
Leave/Benefits Year |
Any of 4 leave year calculation methods can be used:
|
Based on NH Rules Ins 8001.02(d) |
Employer Notice Requirements |
Because this is a voluntary program, there are no employer notice requirements. The state and its carrier partner have developed materials participating employers can use such as a poster and paycheck insert. |
NH PFML website |
Employee Notice Requirements |
Because this is a voluntary program, there are no statutory employee notice requirements. Refer to the policy issued by the state’s carrier partner and/or company absence reporting procedures, if applicable. |
|
Required Claim Documentation |
|
NH PFML website |
Job Protection |
Employees of an employer with 50 or more total employees that sponsors a Granite State Plan are entitled to restoration to the same or an equivalent position following leave |
Statute: |
Benefits Protection |
Employees of an employer with 50 or more total employees that sponsors a Granite State Plan are entitled to continued health insurance during leave, with employees continuing to pay their share of costs |
Statute: |
Reporting Requirements |
Employers must provide wage and leave information, work schedules and other benefits information to the state’s carrier partner to support NH PFML insurance claims processing |
NH PFML website |
Appeals |
The state plan offered through its carrier partner will provide rights to appeal adverse benefit determinations. |
Details expected on NH PFML website |
Private Plan Options |
|
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New Jersey has a state disability benefits program covering an employee’s own non-work-related injury, illness, or other disability, including pregnancy and needs related to being a victim of domestic or sexual violence, and a paid family leave program covering bonding with a child, care for a family member with a serious health condition, and caring for a family member who is the victim of domestic or sexual violence.
DISCLAIMER: The information summarized on this page does not, and is not intended to, constitute legal advice. The information is subject to change at any time and does not represent the full extent of the corresponding state law(s). This chart has been provided solely for reference and contains basic information for each listed category. For more detailed information regarding the state law(s), please consult legal counsel and review the statutes, regulations, and state agency materials.
The information provided generally applies to private employers. Unless specifically stated, the information provided does not address public or government entities or educational institutions.
New Jersey Temporary Disability Benefits Law (TDB) (a/k/a Temporary Disability Insurance – TDI)Effective 1948Department: Division of Temporary Disability and Family Leave Insurance, NJ Department of Labor & Workforce Development Statute: N.J.S.A. 43:21-25, et seq. (July 2020) Regulations: click here to download NJAC 12:18-1.1, et seq |
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---|---|---|
Administered By |
|
|
Covered Employer |
|
Statute: |
Covered Employees & Employee Eligibility |
Exclusions:
|
Statute: |
Qualifying Benefits Reasons |
Employee is unable to perform the duties of the position due to an off-the-job accident or sickness. Includes:
|
Statute: |
Waiting Period |
|
Statute: |
Relapse Period |
If the employee has returned to work and experiences the same or related cause or condition separated by no more than 14 days from prior period of disability, it will be considered one continuous disability period |
Statute: |
Contribution Rate & Responsibility |
2022:
2023:
|
|
Benefit Amount |
For periods of disability commencing on or after July 1, 2020
|
Statute: |
Maximum Duration of Benefits/Leave |
Up to 26 weeks with respect to any one period of disability. |
Statute: |
Increments of Leave Usage/Benefits |
|
Statute: |
Interaction with Other Leaves and Benefits |
|
Statute: |
Leave/Benefits Year |
52 weeks immediately preceding the week in which the disability began |
|
Employer Notice Requirements |
|
Statute: |
Employee Notice Requirements |
Employee must submit completed Claim for Disability Benefit Form (Form DS-1) within 30 days of the start of the disability. Failure to do so may result in the loss of some or all of their benefits. |
|
Employee Claim Documentation Filed with Employer or Insurance Carrier |
|
|
Job Protection |
|
Statute: |
Benefits Protections |
|
|
Appeals |
|
Statute: |
Private Plan Options |
|
Statute: |
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New Jersey Paid Family Leave Insurance (FLI)Effective 2009Department: Division of Temporary Disability and Family Leave Insurance, NJ Department of Labor & Workforce Development Statute: N.J.S.A. 43:21-25, et seq. (July 2020) Regulations: click here to download NJAC 12:21-1.1 et seq. |
||
---|---|---|
Administered By |
State – Division of Temporary Disability and Family Leave Insurance Private Plan – Self-funded – Matrix will administer |
|
Covered Employer |
|
|
Covered Employees & Employee Eligibility |
Exclusions:
|
Statute: |
Qualifying Leave/Benefits Reasons |
Covered family relationships:
* Note: These relationships include biological, foster, adoptive, step, surrogacy, and legal ward relationships and the same relationships to the employee’s spouse or domestic partner, if applicable |
Statute: |
Waiting Period |
None |
Statute: |
Relapse Period |
|
|
Contribution Rate & Responsibility |
2022:
2023:
|
|
Benefit Amount |
For periods of disability commencing on or after July 1, 2020
|
Statute: |
Maximum Duration of Benefits/Leave |
|
Statute: |
Increments of Leave Usage/Benefits |
Maximum leave is 12 weeks in a 12-month period |
Statute: |
Interaction with Other Leaves and Benefits |
|
Statute: |
Leave/Benefits Year |
365 consecutive days from the first day of leave (also referred to as “12 month period”) |
Statute: |
Employer Notice Requirements |
|
Statute: |
Employee Notice Requirements |
|
Statute: |
Employee Claim Documentation |
|
Statute: |
Job Protection |
None – However, job protection may be available under NJFLA or federal FMLA if applicable |
|
Benefits Protections |
None – However, benefits protection may be available under NJFLA or federal FMLA if applicable |
|
Appeals |
|
Statute: |
Private Plan Options |
|
Statute: |
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New Jersey Family Leave ActEffective March 25, 2020 |
|
---|---|
Employee Eligibility |
|
Waiting Period |
None |
Qualifying Leave/Benefits Reasons |
|
Documentation Required |
Certification that includes:
|
Benefit Amount |
None; see below for NJ Family Leave Insurance |
Job Protection |
Yes |
Duration |
12 weeks per 24 months |
Additional Information |
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New Jersey Temporary Disability Benefits (TDB) and Family Leave Insurance (FLI) UpdateEffective March 24, 2020, via amendments to NY TDB and FLI laws to expand benefits during the COVID-19 crisis |
|
---|---|
Employee Eligibility |
Same as for other TDB of FLI benefits: 20 weeks employment (earned at least $200 per week) or earned $10,000 in the first 4 of the last 5 quarters |
Waiting Period |
None: 7-day TDB waiting period waived for COVID-19 claims |
Qualifying Leave/Benefits Reasons |
Definition of “serious health condition” and “sickness” expanded to include need to quarantine for employee (TDB) or family member (FLI) with broad definition, including an order issued by a health care provider that the employee (TDB) or family member (PFL) should quarantine so as not to jeopardize health of others. |
Documentation Required |
|
Benefit Amount |
85% of employee’s average weekly wage, max $881 per week |
Job Protection |
No |
Duration |
|
Additional Information |
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Rhode Island has a state disability benefits program covering an employee’s own injury or illness and a paid family leave program covering employee leave to care for a family member or bond with a new child. Rhode Island Temporary Caregiver Insurance (TCI) is a mandatory rider to existing Rhode Island Temporary Disability Insurance (TDI) policies. Rhode Island TDI and TCI are administered by the Rhode Island Department of Labor and Training. Private insured and self-funded plans are not an option.
DISCLAIMER: The information summarized on this page does not, and is not intended to, constitute legal advice. The information is subject to change at any time and does not represent the full extent of the corresponding state law(s). This chart has been provided solely for reference and contains basic information for each listed category. For more detailed information regarding the state law(s), please consult legal counsel and review the statutes, regulations and state agency materials.
Rhode Island Temporary Disability Insurance (TDI)Effective 1942 |
|
---|---|
Administered By |
Managed by the State of Rhode Island Department of Labor and Training No Private Plan Option |
Covered Employer |
Any non-government employing unit that has employed one or more individuals for any portion of a day
Political subdivisions and/or instrumentalities of political subdivisions may elect coverage. |
Covered Employees & Eligibility |
OR |
Qualifying Leave/Benefits Reasons |
Employee’s own illness or injury unrelated to work, including pregnancy, childbirth, miscarriage, or abortion |
Waiting Period |
Must be out of work for 7 days, but benefit is payable since first day out |
Relapse Period |
None |
Contribution Rate & Responsibility |
2022: Employee wage deductions of 1.1% of first $81,500 earned 2023: Employee wage deductions of 1.1% of first $84,000 earned |
Benefit Amount |
Prior to July 1, 2022:
After July 1, 2022:
|
Maximum Duration of Benefits/Leave |
|
Increments of Leave Usage/Benefits |
No intermittent leave; however, can return to work on a reduced schedule if medically supported, for 8 weeks, but not to exceed 12 weeks |
Interaction with Other Leaves & Benefits |
|
Leave/Benefits Year |
52 weeks starting on the Sunday of the week in which employee became unable to work |
Employer Notice Requirements |
Display approved poster where all employees can see it, or email or text poster link to remote workers Required Posters For the Workplace - Rhode Island - Department of Labor and Training (ri.gov) |
Employee Notice Requirements |
Must file with the Department of Labor and Training within 90 days of the first week of taking leave |
Employee Claim Documentation |
|
Claim Filing |
File with the State of Rhode Island Department of Labor and Training |
Job Protection |
None, but may be eligible for protection under FMLA if applicable |
Benefits Protections |
None, but may be eligible for protection under FMLA if applicable |
Voluntary Plan Options |
None |
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Rhode Island Temporary Caregiver Insurance (TCI)Effective 2014 |
|
---|---|
Administered By |
Managed by the State of Rhode Island Department of Labor and Training No Private Plan Option |
Covered Employer |
Any non-government employing unit that has employed one or more individuals for any portion of a day
Political subdivisions and/or instrumentalities of political subdivisions may elect coverage. |
Covered Employees & Eligibility |
OR |
Qualifying Leave/Benefits Reasons |
|
Waiting Period |
Must be out of work for 7 days, but benefit is payable since first day out |
Relapse Period |
None |
Contribution Rate & Responsibility |
2022: Employee wage deductions of 1.1% of first $81,500 earned 2023: Employee wage deductions of 1.1% of first $84,000 earned |
Benefit Amount |
Prior to July 1, 2022:
After July 1, 2022:
|
Maximum Duration of Benefits/Leave |
|
Increments of Leave Usage/Benefits |
Continuous leave only |
Interaction with Other Leaves & Benefits |
|
Leave/Benefits Year |
52 weeks starting on the Sunday of the week in which employee became unable to work |
Employer Notice Requirements |
Display approved poster where all employees can see it, or email or text poster link to remote workers Required Posters For the Workplace - Rhode Island - Department of Labor and Training (ri.gov) |
Employee Notice Requirements |
Must give employer 30 days notice, unless unforeseeable. Must apply with State within 30 days after the first day of leave is taken for caregiving or bonding. |
Employee Claim Documentation |
|
Claim Filing |
File with the State of Rhode Island Department of Labor and Training |
Job Protection |
Job restoration to the same or position with equivalent seniority, status, employment benefits, pay, fringe benefits, service credits, and other terms and conditions of employment |
Benefits Protections |
Must maintain any existing health benefits of the employee during leave on same terms as during active employment, including employee payment of share of cost, if applicable. |
Voluntary Plan Options |
None |
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Rhode Island State TDI and TCI UpdateEffective March 25, 2020 – January 6, 2021 |
|
---|---|
Employee Eligibility |
Normal eligibility rules for RI Temporary Disability Insurance and Temporary Caregiver Insurance |
Waiting Period |
7-day minimum amount of time that claimants must be out of work to qualify for TDI/TCI benefits for COVID- 19 related claims is waived. |
Qualifying Leave/Benefits Reason(s) |
|
Documentation Required |
Employees under quarantine who are filing a claim do not need a medical certification but can temporarily qualify via self-attestation that they are under quarantine due to COVID-19 |
Benefit Amount |
4.62% of the wages earned during the highest quarter of the base year, minimum weekly benefit of $107, Maximum weekly benefit of $887. |
Job Protection |
No |
Duration |
|
Additional Information |
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Washington has a state program requiring employers to provide paid family and medical leave benefits to employees. Employers can meet their obligations (1) by participating in the state plan administered by the Department of Family and Medical Leave or (2) through a self-funded private plan.
DISCLAIMER: The information summarized on this page does not, and is not intended to, constitute legal advice. The information is subject to change at any time and does not represent the full extent of the corresponding state law(s). This chart has been provided solely for reference and contains basic information for each listed category. For more detailed information regarding the state law(s), please click on the links provided in this chart.
Washington Paid Family and Medical LeaveStatute: Title 50A RCW: Family and Medical Leave (wa.gov) Regulation: Title 192 WAC Employment Security Department website: ESDWAGOV - Paid Family and Medical Leave Program For rules recently implemented or pending rules see: WA Rulemaking page. |
||
---|---|---|
Administered By |
State plan: Employment Security Department (ESD) Private plan:
|
|
Covered Employers & Entities |
Covered Employers:
|
Statutes: Regulation: |
Covered Employees & Employee Eligibility |
State plan:
Voluntary plan:
"Qualifying period:"
Employee Pandemic Leave Assistance:
|
Statutes: Regulation: |
Qualifying Leave/Benefits Reasons |
Medical Leave:
Family Leave:
Postnatal Period Leave (effective June 9, 2022)
Limited Bereavement Leave (effective June 9, 2022)
“Family member” includes the employee’s:
* “Child” and “Parent” include biological, adoptive, de facto, foster, step, in-law, legal guardianship, and in loco parentis relationships |
Statutes: Regulation: |
Waiting Period |
7 consecutive calendar days
|
Statutes: Regulation: |
Contribution Rate & Responsibility |
For 2022: 0.6% of employee’s gross wages
For 2023: 0.8% of employee’s gross wages
Total premium amount can change annually based on the state’s family and medical leave insurance account balance ratio as of September 30 of each year, effective the next January 1 |
Statutes: Regulation: |
Benefit Amount |
|
Statutes: Regulation: |
Maximum Duration of Benefits |
Per claim year:
|
Statutes: Regulation: |
Increments of Leave Usage/Benefits |
|
Statutes: Regulation: |
Interaction with Other Leaves and Benefits |
|
Statutes: Regulation: |
Leave/Benefits Year |
"Claim year:" 52 consecutive weeks beginning on the Sunday of the week an eligible employee files a complete initial application for benefits |
Statutes: Regulation: |
Employer Notice Requirements |
Posting:
Individual notice:
|
Statutes: Regulation: |
Employee Notice Requirements |
|
Statutes: Regulation: |
Required Claim Documentation |
|
Statutes: Regulation: |
Job Protection |
Restoration to employee’s same or equivalent job following leave
|
Statutes: Regulation: |
Benefits Protections |
|
Statutes: Regulation: |
Reporting Requirements |
Employers: Quarterly employment and wage detail reports must be sent to ESD |
Statutes: Regulation: |
Appeals |
Appeals of denial of benefits, plan revocations, or other adverse decisions are made to the ESD
|
Statutes: Regulation: |
Voluntary Plan Options |
Voluntary plans – Washington State's Paid Family and Medical Leave |
Statutes: Regulation: |
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WASHINGTON STATE – Governor’s Proclamations – Workers at High RiskEffective 4/13/20 through the duration of the state of emergency initially proclaimed in Proclamation 20-05 |
|
---|---|
Employee Eligibility |
All employees (proclamation is targeting employees who are high risk individuals, not high risk professions) |
Waiting Period |
None |
Qualifying Leave/Benefits Reason(s) |
|
Documentation Required |
Not Specified |
Benefit Amount |
No Specific benefit, but employee may use accrued leave |
Job Protection |
Yes |
Duration |
As needed |
Additional Information |
|
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Municipal/County COVID-19 Leave LawsThere may be additional municipalities or counties with new or extended COVID-related leave laws. We have included in our list those that, at last check, may have expired recently. Many local governments are extending their COVID-related leave laws as the pandemic continues. Always review the current ordinance and related materials directly. |
|
---|---|
Seattle, WAPaid Sick and Safe Time (COVID Amendment) |
|
Tacoma, WAPaid Sick Leave (COVID Guidance) |
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Oregon Paid Family and Medical Leave Insurance (PFMLI)Contributions start January 1, 2023 Benefits start September 3, 2023 Oregon's paid family and medical leave program (Paid Leave Oregon) provides paid leave benefits for an employee’s own serious health condition, family leave benefits to care for a new child or a family member with a serious health condition, and safe leave for victims of domestic violence, harassment, sexual assault, or stalking. Regulations: In progress; adopted and proposed rules available here: State of Oregon: Agency Information - Rulemaking State PFML website: Paid Leave Oregon |
||
---|---|---|
Administered By |
State plan: Paid Leave Oregon and Frances Online Private plan:
|
|
Covered Employer & Business Entity |
All employers.
|
Statute: |
Covered Individuals & Employee Eligibility |
Covered Individual:
Eligible Employee: Earned at least $1,000 in wages during the base year or alternate base year
|
Statute: Rules: |
Qualifying Leave/Benefits Reasons |
“Family member” includes the following relationships to the employee:
|
Statute: Rules: |
Required Claim Documentation |
|
Statute: Rules: |
Waiting Period |
None |
|
Contribution Rate & Responsibility |
Contributions start January 1, 2023
|
Statute: Rules: OAR 471-070-1000, OAR 471-070-3000 - 3340 |
Benefit Amount |
Benefits start September 3, 2023
|
Statute: Rules: OAR 471-070-1000 - 1100; 471-070-0400 -00465 (wages) |
Maximum Duration of Leave & Benefits |
Per benefit year:
Maximum total: 18 weeks per benefit year (14 paid, 4 unpaid) |
Statute: Rules: |
Increments of Leave Usage/Benefits |
|
Statute: Rules: |
Interaction with Other Leaves and Benefits |
|
Statute: |
Leave/Benefits Year |
52 consecutive weeks beginning the Sunday before leave commences; or 53 weeks if necessary to avoid overlap with any quarter of the base year on a previously filed claim |
Statute: Rules: |
Employer Notice Requirements |
By January 1, 2023, provide this Model notice
|
Statute: Rule: OAR 471-070-1300; |
Employee Notice Requirements |
|
Statute: Rule: |
Job Protection |
For employees employed 90 days or more before leave, reinstatement to same or equivalent position
|
Statute: |
Benefits Protections |
Maintenance of health benefits during leave under same conditions as if actively working |
Statute: Rule: |
Reporting Requirements |
Quarterly report of wages earned and contributions paid |
Statute: Rule: OAR 471-070-3030 |
Appeals |
State plan: Affected party may request a hearing of a final decision by the Director regarding:
Equivalent plans:
|
Statute: Rules: |
Private Plan Options |
|
Statute: Rules: OAR 471-070-2200-2460 |
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Puerto Rico has a statutory disability benefits program covering an employee’s own non-work-related injury or illness. Although the program covers pregnant workers who are unable to work due to pregnancy, maternity leave is administered under the Working Mothers’ Protection Act.
DISCLAIMER: The information summarized on this page does not, and is not intended to, constitute legal advice. The information is subject to change at any time and does not represent the full extent of the corresponding state law(s). This chart has been provided solely for reference and contains basic information for each listed category. For more detailed information regarding the state law(s), please consult legal counsel and review the statutes, regulations, and state agency materials.
El Seguro por Incapacidad No Ocupacional Temporal (SINOT)Effective 1968 |
|
---|---|
Administered By |
|
Covered Employer |
|
Covered Employee |
All eligible employees of covered Employment Units. Employment Unit is defined as: “any individual, organization (including agencies and instrumentalities of the Commonwealth or of any political subdivision thereof), partnership, association, trust, estate, joint-stock company, insurance company, corporation, receiver, trustee in bankruptcy, or legal representative of a deceased person, who has or has had one or more individuals in his service within Puerto Rico.” See 11 L.P.R.A. § 202(i) for full definition of Employment Unit and exclusions from Employment. |
Employee Eligibility |
An individual shall be considered as insured worker if he has received wages of at least $150 in a covered employment during his base year. His base year shall be the first four of the last five consecutive calendar quarters which immediately precede the date of filing the application for benefits. |
Qualifying Leave/Benefits Reasons |
An inability to do his/her customary work or any other work due to non-work-related injury or illness, or pregnancy. |
Waiting Period |
Benefits shall be paid on the 8th day of disability, unless hospitalized within the first 7 days of disability, at which point benefits shall commence on the first day of disability. |
Relapse Period |
Subsequent periods of disability caused by the same illness or injury shall be deemed recurrent if within 90 days, as long as the waiting period was satisfied during the first period of disability. |
Contribution Rate & Responsibility |
Shared Costs: Contributions to the Disability Fund can be collected from both the employee and employer, or just the employer. The contribution will be .60% of the employee’s first $9,000.00 dollars of annual earnings, per calendar year. The employee's contribution may not exceed .30%. |
Benefit Amount |
|
Maximum Duration of Benefits/Leave |
26 weeks of paid benefit |
Increments of Leave Usage/Benefits |
Continuous only |
Interaction with Other Leaves and Benefits |
|
Leave/Benefits Year |
26 paid weeks per 52 consecutive weeks |
Employer Notice Requirements |
|
Employee Notice Requirements |
Must file with the state within 3 months of taking leave |
Employee Claim Documentation |
Application for Disability Benefits Covered by Act 139 (DI-1) |
Job Protection |
Employer must reinstate employee if:
|
Benefits Protections |
Not addressed |
Voluntary Plan Options |
|
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Massachusetts has a state program requiring employers to provide paid family and medical leave benefits to employees. Employers can meet their obligations: (1) by participating in the state plan administered by the Department of Family and Medical Leave, (2) through a self-funded private plan, or (3) through an insured private plan.
DISCLAIMER: The information summarized on this page does not, and is not intended to, constitute legal advice. The information is subject to change at any time and does not represent the full extent of the corresponding state law(s). This chart has been provided solely for reference and contains basic information for each listed category. For more detailed information regarding the state law(s), please consult legal counsel and review the statutes, regulations, and state agency materials.
Massachusetts Paid Family and Medical LeaveDepartment: Department of Family and Medical Leave Statute: Title XXII, Chapter 175M: Family and Medical Leave Regulations: 458 CMR: Department of Family and Medical Leave |
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Administered By |
State plan: Massachusetts Department of Family and Medical Leave (DFML) Private plan:
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Covered Employer & Business Entity |
Covered Employers: All employers except municipalities and federal government Covered Business Entity: A business or trade that contracts with self-employed individuals for services and is required to report the payment for services to such individuals on IRS Form 1099-MISC for more than 50% of its workforce. |
Statute: Regulation: |
Covered Individuals & Eligibility |
Covered Individual:
An employer may also be required to provide coverage to "Covered Contract Workers'' if the employer reports payment for services on IRS Form 1099-MISC and the number of Covered Contract Workers exceeds 50% of their total work force. |
Statute: Regulation: |
“Financial Eligibility Test” |
Total wages from Massachusetts employment in the 12 months preceding application for benefits:
Wages received from multiple employers are aggregated to determine financial eligibility for leave. Note: Mass PFML is portable; an employee is eligible for benefits with a new employer if the employee satisfied the “Financial Eligibility Test” with one or more prior employers. |
Statute: Regulation: |
Qualifying Leave/Benefits Reasons |
Medical Leave (employee’s own serious health condition) Family Leave:
“Family member” includes the following relationships to the employee:
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Statute: Regulation: |
Required Claim Documentation |
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Statute: Regulation: |
Waiting Period |
7 consecutive calendar days
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Statute: Regulation: |
Contribution Rate & Responsibility |
For 2022:
For 2023:
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Statute: Regulation: |
Benefit Amount |
Benefits are based on the employee’s Average Weekly Wage (AWW) compared to the Massachusetts State Average Weekly Wage (SAWW) AWW is defined as 1/26 of the total wages earned in the employee’s highest 2 quarters 2022 benefits will be based on SAWW of $1,694.24 2023 benefits will be based on SAWW of $1,765.34 Formula for calculating benefits:
Maximum benefit:
Amounts can change annually October 1, effective the next January |
Statute: Regulation: |
Maximum Duration of Benefits |
Per benefit year:
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Statute: Regulation: |
Increments of Leave Usage/Benefits |
Increments:
Intermittent usage per leave reason:
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Statute: Regulation: |
Interaction with Other Leaves and Benefits |
MA PFML benefits are reduced by amount received for:
MA PFML benefits are not reduced by amounts received for:
Accrued paid leave (including without limitation sick leave, annual leave, vacation leave, personal leave, compensatory leave or paid time off):
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Statute: Regulation: |
Leave/Benefits Year |
52 consecutive weeks beginning on the Sunday immediately preceding the first day of employee’s job-protected leave under PFML. Note: Leave is job-protected if taken for a PFML covered reasons, even if the employee has not applied for PFML benefits. |
Statute: Regulation: |
Employer Notice Requirements |
See 2023 Mandatory Poster PowerPoint Presentation (mass.gov) All required notices: PFML workforce notifications and rate sheets for Massachusetts employers (mass.gov) |
Statute: Regulation: |
Employee Notice Requirements |
30 days’ advance notice of need for leave, or as soon as practicable if the delay is due to reasons beyond the employee’s control. |
Statute: Regulation: |
Job Protection |
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Statute: Regulation: |
Benefits Protections |
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Statute: Regulation: |
Reporting Requirements |
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Statute: Regulation: |
Voluntary Plan Options |
See more about Private PFML Plans |
Statute: Regulation: |
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Connecticut has a state program requiring employers to provide paid family and medical leave benefits to employees. Employers can meet their obligations: (1) by participating in the state plan administered by the Connecticut Paid Leave Authority, (2) through a self-funded private plan, or (3) through an insured private plan.
DISCLAIMER: The information summarized on this page does not, and is not intended to, constitute legal advice. The information is subject to change at any time and does not represent the full extent of the corresponding state law(s). This chart has been provided solely for reference and contains basic information for each listed category. For more detailed information regarding the state law(s), please consult legal counsel and review the statutes, regulations, and state agency materials.
Connecticut Paid Family and Medical LeaveDepartment: CT Paid Leave Authority Statute: Conn. Gen. Stat. 31-49e et seq. [Right-click link and select "Open in New Tab"] Paid Leave Authority: CT PFML Consolidated Policies [Right-click link and select "Open in New Tab"] PFML Glossary: Glossary of Terms NOTE: Although no regulations have been released, the CT PFML Consolidated Policies provide guidance from the Paid Leave Authority |
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Administered By |
State plan: CT Paid Leave Authority Private plan:
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Statute: |
Covered Employer |
All private employers are covered, regardless of size. Does not include:
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Statute: |
Covered Employee & Employee Elegibility |
Has earned wages of at least $2,325 from employment in Connecticut in the employee’s highest-earning quarter of the base period (the first 4 of the 5 most recently completed quarters), and:
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Statute: PLA Policies: |
Qualifying Leave/Benefits Reasons |
“Family Member” includes the following relationships to the employee:
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Statute: PLA Policies: |
Waiting Period |
None |
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Relapse Period |
None |
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Contribution Rate & Responsibility |
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Statute: |
Benefit Amount |
Benefits start 1/1/2022:
Base weekly earnings: 1/26 of an employee’s covered total wages (cash and noncash remuneration) during the 2 highest-earning quarters in the base period (the first 4 of the 5 most recently completed quarters). |
Statute: |
Maximum Duration of Benefits |
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Statute: |
Increments of Leave Usage/Benefits |
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Statute: PLA Policies: |
Interaction with Other Leaves and Benefits |
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Statute: PLA Policies: |
Leave/Benefits Year |
Under the state plan leave usage is determined by the rolling 12-month period measured backward from an employee’s first day of leave taken A private plan may select any of 4 leave year calculation methods:
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Statute: PLA Policies: |
Employer Notice Requirements |
As of 7/1/2022, an employer must at time of hiring and annually thereafter provide written notice to each employee of employees' CT PFML rights
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Statute: |
Employee Claim Documentation |
Certifications will be required based on the leave reason, but details have not yet been released. |
Statute: PLA Policies: |
Employee Notice Requirements |
30 days’ advance notice of need for leave, or as soon as practicable if the delay is due to reasons beyond the employee’s control. |
Statute: PLA Policies: |
Job Protection |
None provided; job protection may be available under FMLA, CT FMLA, or the CT Leave for Family Violence law, if applicable |
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Benefits Protections |
None provided; benefits protections may be available under the FMLA, CT FMLA, or CT Leave for Family Violence law, if applicable |
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Reporting Requirements |
State Plan: The CT PFML law provides no details regarding employer reporting responsibilities. Details of reporting requirements may be included in the CT PFML regulations, when made available. Private Plan: While the CT PFML law includes no details about employer reporting, the Authority has stated in its Private Plan Policy & Procedures that annual reporting is expected to include the number of claims submitted and data on how many have been approved or denied, the reasons for leave taken and amount of leave benefits paid. |
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Appeals |
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Statute: PLA Policies: |
Private Plan Options |
Additional information regarding private plans:
A Private Plan Transition policy was adopted by the Connecticut Paid Leave Authority Board of Directors effective December 9, 2022. The transition policy applies when there is a change from:
Where the Private Plan Transition policy applies:
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Statute: PLA Policies: |
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Municipal/County COVID-19 Leave LawsThere may be additional municipalities or counties with new or extended COVID-related leave laws. We have included in our list those that, at last check, may have expired recently. Many local governments are extending their COVID-related leave laws as the pandemic continues. Always review the current ordinance and related materials directly. |
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Chicago, IL (No COVID Guidance)Earned sick leave |
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Cook County, ILEarned sick leave (COVID Guidance) |
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Maryland Paid Family and Medical Leave Insurance Program (PFMLI)Maryland has enacted a paid family and medical leave program that is currently in the process of development. When in effect, the program will provide paid leave benefits for an employee’s own serious health condition, family leave benefits to care for a new child or a family member with a serious health condition, and military qualifying exigencies. The information below is based only on the statute at this time, as regulations have not yet been adopted. Watch this site for updates as more information becomes available. Statute: Maryland Senate Bill 275; Annotated Code of Maryland Title 8.3 Regulations: None yet; to be adopted by Secretary of Labor, consistent with federal FMLA regulations to the extent not in conflict; §8.3-403 State website: None yet Effective:
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Administered By |
State program: Secretary of the Maryland Department of Labor Private plans: Insurance carrier, third party administrator, or employer; Matrix and Reliance Standard are assessing these opportunities and awaiting further plan definition through regulations |
Statute: |
Covered Employer & Business Entity |
Employer: A person or governmental entity that employs at least one individual in the state
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Statute: |
Covered Individuals & Employee Eligibility |
Covered Employee: An employee who has worked at least 680 hours in the 12-month period immediately preceding the date leave begins
Covered Individual: A Covered Employee or a self-employed individual who elects to participate in the family and medical leave program |
Statute: |
Qualifying Leave/Benefits Reasons |
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Statute: |
"Family member" includes the following relationships to the Covered Individual:
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§8.3-101(i) |
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Required Claim Documentation |
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Statute: |
Waiting Period |
None specified |
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Contribution Rate & Responsibility |
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Statute: |
Benefit Amount |
Minimum benefit: $50/week Maximum benefit:
Increases in weekly benefit amount: apply only to claims for benefits filed after the date the increase becomes effective Benefit amount for full time leave:
Benefit amount for partially paid leave:
Employee’s AWW: The wages paid for the Employee’s last 680 hours of work divided by the number of weeks worked State AWW: The wage calculated under §9-603 of the Maryland workers’ compensation law |
Statute: |
Maximum Duration of Leave & Benefits |
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Statute: |
Increments of Leave Usage/Benefits |
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Statute: |
Interaction with Other Leaves and Benefits |
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Statute: |
Leave/Benefits Year |
"Application year" – the 12-month period beginning on the first day of the calendar week in which a covered individual files an application for benefits |
§8.3-101(b) |
Employer Notice Requirements |
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Statute: |
Employee Notice Requirements |
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Statute: |
Job Protection |
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Statute: |
Benefits Protections |
Employer must continue Covered Individual’s health benefits in the same manner as required by the federal FMLA |
Statute: |
Reporting Requirements |
No Employer reporting requirements specified |
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Appeals |
Secretary shall establish a system for appeals by Covered Individuals in the event of a denial of benefits |
Statute: |
Private Plan Options |
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Statute: |
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Municipal/County COVID-19 Leave LawsThere may be additional municipalities or counties with new or extended COVID-related leave laws. We have included in our list those that, at last check, may have expired recently. Many local governments are extending their COVID-related leave laws as the pandemic continues. Always review the current ordinance and related materials directly. |
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Bernalillo County, NMPaid Leave Ordinance (No COVID Guidance)
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Municipal/County COVID-19 Leave LawsThere may be additional municipalities or counties with new or extended COVID-related leave laws. We have included in our list those that, at last check, may have expired recently. Many local governments are extending their COVID-related leave laws as the pandemic continues. Always review the current ordinance and related materials directly. |
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Philadelphia, PAPaid Sick Leave (COVID Expansion)Public Health Emergency Leave
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Pittsburgh, PATemporary Emergency Paid Sick Leave
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