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    Statutory Disability and Paid Family Leave Laws

    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: April 14, 2021

    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.

    Federal

    Family and Medical Leave Act (FMLA)

    Although unpaid, FMLA overlaps with other leave laws.

    Effective Date 1993

    Employee Eligibility

    12 months of service:

    • 1,250 hours worked
    • At a worksite with 50 or more employees within 75 miles

    Job Protection

    Yes

    Leave Reasons

    • Employee’s own serious health condition
    • Bonding
    • Care for family member with Serious Health Condition
    • Family Military exigencies
    • Care of service member/veteran with serious illness/injury

    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

    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 1949

    Department: NYS Workers Compensation Board - Home Page

    Statute: Article 9

    Rules/Regulations: Rules and Regulations

    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:

    • Becomes a “Covered Employer” 4 weeks after the 30th day of employing one or more workers in New York
    • 30 days do not have to be consecutive but must be within one calendar year
    • Applies even if employer is based out-of-state
    • Excludes the state, a municipal corporation, local governmental agency, other political subdivision or public authority

    Covered Employee & Eligibility

    • Full-time employees – 4 consecutive weeks of work with any covered employer
    • Part-time employees – 25 days of work with a covered employer (need not be consecutive or within same year)
    • Employees who change jobs from one Covered Employer to another Covered Employer (covered from the first day on the new job)
    • Domestic or personal employees who work 40 or more hours per week for one Covered Employer

    Exclusions include but are not limited to:

    • Government, railroad, maritime laborers
    • Various employees of religious organizations
    • Uncompensated volunteers for nonprofit organizations
    • Independent contractors and subcontractors
    • To see full list and details, please visit NY WCB Covered Employee page and Definition of Employee

    Qualifying Leave/Benefits Reasons

    Off-the-job injury or illness

    • Pregnancy included
    • Elective surgery not included

    Waiting Period

    7 days per disabling condition; benefits begin on 8th consecutive day of disability

    Relapse Period

    • Successive periods of disability caused by the same or related injury or sickness constitute a single period of disability if separated by less than 3 months
    • No new waiting period is required

    Contribution Rate & Responsibility

    Employee contribution

    • 0.5% of first $120/week, capped at $0.60/week
    • Employer may pay employee contribution

    Employer contribution – Pays balance of plan cost (if any) that exceeds employee contribution

    Benefit Amount

    • 50% average weekly wage for last 8 weeks worked
    • Maximum $170/week (unchanged since 5/1/1989)
    • Benefits payable every 2 weeks

    Maximum Duration of Benefits/Leave

    26 weeks (including a 7-day waiting period) during 52 consecutive calendar weeks

    Increments of Leave Usage/Benefits

    • Continuous only

    Interaction with Other Leaves and Benefits

    • NY PFL – combined amount of NY PFL and DBL cannot exceed a total of 26 weeks in a consecutive 52-week period. Cannot take DBL at same time as PFL.
    • Unemployment – cannot collect DBL and unemployment insurance concurrently
    • Social Security – DBL does not affect right to SSA benefits
    • FMLA – Will apply concurrently with DBL if applicable
    • NY Domestic Violence Leave – Will apply concurrently with DBL if applicable

    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

    • None
    • May be available under FMLA or NY Domestic Violence Leave, if applicable

    Benefits Protections

    Not addressed

    Voluntary Plan Options

    Miscellaneous

    NY DBL forms

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    New York Paid Family Leave (PFL)

    Effective 2018

    Department: NY Paid Family Leave website

    Statute: NY Article 9 – Disability and Paid Family Leave Benefits

    Regulations: NY Paid Family Leave

    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:

    • 30 days do not have to be consecutive
    • 30 days must be in one calendar year
    • Applies even if employer is based out-of-state

    Employee

    • All employees of a covered employer working in New York state

    Exclusions include but are not limited to:

    • Temporary or seasonal employees: May opt out of Paid Family Leave coverage if eligibility will never be met by completing a waiver form which is retained by the employer
    • Government, railroad, maritime laborers
    • Various employees of religious organizations
    • Uncompensated volunteers for nonprofit organizations
    • Independent contractors and subcontractors
    • To see full list and details, please visit NY WCB Covered Employee page

    Employee Eligibility

    • Full-time employees – Regular work schedule of 20 or more hours per week: eligible after 26 consecutive weeks of employment
    • Part-time employees – Regular work schedule of fewer than 20 hours per week: eligible after working 175 days (need not be consecutive or within same year)

    Employees who change jobs from one Covered Employer to another Covered Employer must requalify for coverage with the current employer

    Qualifying Leave/Benefits Reasons

    • Bonding with a child during the first 12 months after birth, adoption or foster care placement
    • Caring for a family member with a serious health condition (SHC)
    • Assisting family member(s) when a spouse, domestic partner, child or parent is deployed abroad on active military service or on leave for rest and recuperation
    • Employee or employee’s minor child is quarantined due to COVID-19 – see New York Paid Leave for COVID-19 Website for more information on this paid leave reason

    Covered Family Member – spouse, domestic partner, child, stepchild, anyone for whom the employee has legal custody, parent, stepparent, parent-in-law, grandparent, grandchild

    Waiting Period

    No waiting period

    Relapse Period

    • Successive periods of family leave caused by the same or related injury or sickness constitute a single period of disability if separated by less than 3 months

    Contribution Rate & Responsibility

    • 100% employee-funded through payroll deductions
    • Contribution for 2021: 0.511% of the employee’s gross weekly wages, capped at $385.34/year
    • Employer may pay employee contribution
    • Contribution for 2022: 0.511% of the employee’s gross weekly wages, capped at $423.71/year
    • Employer may pay employee contribution

    Benefit Amount

    • Maximum benefit 2021 – 67% of employee's average weekly wage, up to 67% of the statewide average weekly wage of $1,450.17. The maximum weekly benefit for 2021 is $971.61.
    • Maximum benefit 2022 – 67% of employee's average weekly wage, up to 67% of the statewide average weekly wage of $1,594.57. The maximum weekly benefit for 2021 is $1068.36.
    • Benefits payable every 2 weeks.

    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

    • Continuous
    • Intermittent in full-day increments

    Interaction with Other Leaves and Benefits

    • NY DBL – combined amount of NY PFL and DBL cannot exceed a total of 26 weeks in a consecutive 52-week period. Cannot take PFL at same time as DBL.
    • Unemployment – cannot collect PFL and unemployment insurance concurrently
    • Social Security – PFL does not affect right to SSA benefits
    • FMLA – applies concurrently when applicable
      • Employer/insurer can count PFL-qualifying time toward PFL entitlement even if the employee does not apply as long as notice of NY PFL rights is given to the employee

    Leave/Benefits Year

    52 consecutive weeks retroactively (rolling back) from first week/day of leave

    Employer Notice Requirements

    • Post Notice of Compliance stating Employer has Paid Family Leave insurance – provided by Insurer
    • Written notice of NY PFL rights

    Employee Notice Requirements

    • Foreseeable leave: 30 days’ advance notice of intention to use Family Leave
    • Unforeseeable leave: notice as soon as practicable
    • Written notice is not required

    Employee Claim Documentation

    Forms and additional claim documentation information:

    • Request for Bonding Leave: PFL-1 & PFL-2 Forms
    • Request for Family Care Leave: PFL-1, PFL-3 & PFL-4 Forms
    • Request for Military-Related Leave: PFL-1 & PFL-5 Forms

    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 Leave

    Effective March 18, 2020

    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)

    • Employee or employee’s minor dependent child is the individual subject of a “mandatory or precautionary order of quarantine or isolation issued by the state of New York, the Department of Health, Local Board of Health or any governmental entity duly authorized to issue such order due to COVID-19

    Documentation Required

    • An order from the State of New York, the Department of Health, a local Board of Health, or any government entity. The order must be directed to the individual under quarantine, not a broad stay-home order applicable to the general public
    • A quarantine order issued by one of these entities is sufficient proof of need for enhanced PFL and DBL benefits.

    Benefit Amount

    Employer with 1-10 employees and net income < $1M:

    • No Paid sick leave
    • Quarantined employee is eligible for PFL (to a max of $840.70/wk.) paid for the duration of the quarantine, with DBL also available simultaneously (up to a max of $2043.92/wk.) to supplement the PFL, payable concurrently, up to 100% salary. No DBL or PFL waiting period applicable.
    • If a minor dependent child is quarantined, the employee can apply for regular PFL benefits due to the new limited quarantine reason.

    Employer with 1-10 employees and net income of $1M or greater, and employers with 11-99 employees

    • Must provide employees 5 calendar days of paid sick leave at 100% (payable for days normally worked during this period) if an employee is quarantined. Thereafter, the PFL/DBL combo described above, as applicable, applies for the duration of the quarantine.
    • If a minor dependent child is quarantined, the employee can apply for regular PFL benefits due to the new limited quarantine reason.

    Public Employers of any size and private employers with 100+ employees

    • Must provide employees up to 14 days of sick leave (payable for days normally worked during this period) if an employee is quarantined. The combo PFL/DBL benefit for employee quarantine as described above is not applicable for this size group
    • If a minor dependent child is quarantined, the employee can apply for regular PFL benefits due to the new limited quarantine reason.

    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.

    • The NY plan was secondary to the FFCRA until FFCRA’s expiration on 12/31/2020, which means that any NY PFL/DBL benefits paid through that date were offset by any federal sick leave benefits payable
    • All other provisions of the NY PFL/DBL law apply
    • For purposes of this act, "mandatory or precautionary order of quarantine or isolation" shall mean a mandatory or precautionary order of quarantine or isolation issued by the State of NY, the Dept. of Health, local board of health, or any government entity duly authorized to issue such order due to COVID-19. The order must be “individualized” for the individual.
    • NY PFL Act: The only change to the “regular” DBL/PFL program date has been enacted via a recent Emergency Regulation to the standard PFL program, which has changed the definition of “serious health condition” to include a positive COVID-19 diagnosis by a health care provider. This would presumably allow an insured whose eligible family member is asymptomatic to still be eligible for PFL benefits under the “regular” PFL program if the employee is needed to provide care.
    • Paid sick leave under this program is paid entirely by the employer and enhanced PFL/DBL benefits are paid through the existing programs.
    • This law does not apply if the person is asymptomatic or has not been diagnosed and is able to work while in quarantine.
    • The NY plan is secondary to the federal sick leave plan, which means that any NY PFL/DBL benefits will be offset by any federal sick leave benefits payable to employee.
    • In addition to new paid sick/quarantine leave:
      • Paid Family Leave: Definition of “serious health condition” expanded to include a diagnosis of COVID-19; effective for 90 days from filing on March 27, 2020 (until June 25, 2020)
      • Proposed amendments to 12 NYCRR 355.9
    • New York Paid Leave for COVID-19 Website

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    Municipal/County COVID-19 Leave Laws

    There 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.

    New York, NY

    NYC Paid Sick and Safe time (COVID Guidance)

    Westchester County, NY

    Earned Sick Leave law preempted by NY State Sick leave Law

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    California

    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.

    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

    CA Employment Development Department

    Statute

    2021 Employer’s Guide

    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

    • Full or part-time employee who contributes to SDI program through payroll deductions
    • Unable to do regular work for at least 8 days
    • Employed or actively looking for work at time disability begins
    • During base period, earned at least $300 and had SDI deductions withheld
    • Under the care and treatment of licensed physician/practitioner or accredited religious practitioner within first 8 days of disability
    • Beginning January 1, 2020, all workers, including those classified by a company as independent contractors, will be considered “employees” and entitled to SDI coverage unless the employer can prove otherwise. See AB 5, Worker v. Employee

    Qualifying Leave/Benefits Reasons

    Off-the-job injury or illness which results in lost wages. Includes:

    • Pregnancy
    • Elective surgery
    • Inability to work based on an order from state or local health officer due to actual or exposure to a communicable disease
    • Treatment for acute alcoholism or acute substance abuse

    Waiting Period

    7 consecutive or non-consecutive days. Benefits start on 8th day

    • Benefits are payable once employee is out of work for disabling condition for 7 total days

    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

    • 2021: 1.2% of employee payroll deduction up to cap of $1,539.58/year (taxable income cap $128,298 x .012)
    • Contribution is for SDI and PFL combined
    • Employers must withhold and send contributions to CA EDD (if no voluntary plan)
    • See SDI Contribution Rate Chart through 2020

    Benefit Amount

    Claims beginning on or after January 1, 2021:

    • Minimum weekly benefit: $50
    • Maximum weekly benefit: $1,357

    Claims beginning January 1, 2020 thru December 31, 2020:

    • Minimum weekly benefit: $50
    • Maximum weekly benefit: $1,300

    See Disability Insurance and Paid Family Leave Benefit Amounts

    Maximum Duration of Benefits/Leave

    52 weeks from date of disability.

    • Partial benefit may be paid for longer than 52 weeks if employee returns to work during benefit period.

    Increments of Leave Usage/Benefits

    • Continuous
    • Reduced schedule – Must have a wage loss due to being unable to perform regular or customary work for at least 8 consecutive days

    Interaction with Other Leaves and Benefits

    • CA PFL – Cannot collect SDI and PFL concurrently
    • Unemployment – Cannot collect SDI and unemployment insurance concurrently
    • Social Security – SDI does not affect eligibility for SSDI
    • FMLA – Unpaid leave runs concurrently when applicable
    • CA Family Rights Act – Unpaid leave runs concurrently if applicable
    • CA Pregnancy Disability Leave – Unpaid leave runs concurrently if applicable
    • CA Michelle Maykin Memorial Donation Protection Act (Organ and Bone Marrow Donation Leave) – This is a paid leave and neither this statute nor SDI statute addresses which law is primary as to pay benefits; employers should assume the job-protected leave of absence runs concurrently with receipt of disability benefits if employee is off work to serve as an organ or bone marrow donor
    • CA Leave for Victims of Domestic Violence, Sexual Assault, and Stalking – Unpaid leave runs concurrently if applicable

    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)

    Forms in other languages

    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):

    • Medical certification by physician/practitioner
    • For “normal” pregnancy: licensed midwife, nurse-midwife, or nurse practitioner may complete the medical certification

    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

    CA Employment Development Department

    Statute

    Regulations:

    2020 Employer’s Guide

    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

    • All employees of a Covered Employer working in the state of California
    • Employed or actively looking for work at time the family leave begins
    • During base period, earned at least $300 and had SDI deductions withheld in the past 5 to 18 months
    • Beginning January 1, 2020, all workers, including those classified by a company as independent contractors, will be considered “employees” and entitled to PFL coverage unless the employer can prove otherwise. See AB 5, Worker v. Employee

    Qualifying Leave/Benefits Reasons

    • To care for a seriously ill family member
    • To bond with a new child through birth or adoption or foster care placement of a minor child, within the first year of the child's birth or placement
    • EFFECTIVE January 1, 2021: Leave due to a “qualifying military event” arising out of the overseas military deployment of the employee’s spouse, registered domestic partner, parent, or child

    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

    • 2021: 1.2% of employee payroll deduction up to cap of $1,539.58/year (taxable income cap $128,298 x .012)
    • Contribution is for SDI and PFL combined
    • Employers must withhold and send SDI contributions to CA EDD (if no voluntary plan)
    • See SDI Contribution Rate Chart through 2020

    Benefit Amount

    Claims beginning on or after January 1, 2021:

    • Minimum weekly benefit: $50
    • Maximum weekly benefit: $1,357

    Claims beginning January 1, 2020 thru December 31, 2020:

    • Minimum weekly benefit: $50
    • Maximum weekly benefit: $1,300

    See Disability Insurance and Paid Family Leave Benefit Amounts

    Maximum Duration of Benefits/Leave

    8 weeks

    Increments of Leave Usage/Benefits

    • Continuous
    • Intermittent

    Interaction with Other Leaves and Benefits

    • CA SDI – Cannot collect SDI and PFL concurrently
    • Unemployment – Cannot collect PFL and unemployment insurance concurrently
    • FMLA – Unpaid leave runs concurrently when applicable
    • CA Family Rights Act – Unpaid leave runs concurrently if applicable
    • CA Leave for Victims of Domestic Violence, Sexual Assault, and Stalking – Unpaid leave runs concurrently if applicable
    • CA Family Military Leave – Unpaid leave runs concurrently if applicable

    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)

    Forms in other languages

    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

    • Family member’s serious health condition: Medical certification by physician/practitioner for the family member
    • Bonding with new child: Documentation showing proof of birth or placement
    • Birth mother transitioning from a pregnancy-related disability claim: No additional documentation
    • Religious practitioner care: Employee must request a Claim for Disability Insurance Benefits – Religious Practitioner’s Certificate (DE 2502F – only in SDI office). Certification only acceptable if the practitioner has been accredited by the Employment Development Department.
    • Qualifying military exigency: A copy of the covered active duty orders or other documentation issued by the military and other documentation specific to the nature of the exigency for which the employee is requesting leave.

    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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    California AB 1867 Sec 3 (CA LABOR § 248)

    4/16/2020 through 12/31/2020 or any extension to FFCRA

    Employee Eligibility

    • Provides supplemental paid sick leave related to COVID-19 to “Food Sector” workers (defined broadly as agricultural, food manufacturing, etc.) working for employers with 500 or more workers total at the start of the leave period.
    • Expansion of SDI/PFL laws to include “quarantine” if certified as necessary by a medical professional or via a written order from a state or local health officer that is specific to the employee.

    Waiting Period

    None (248 (b)(2)(D))

    Qualifying Leave/Benefits Reason(s)

    • Employee unable to work due to federal, state or local quarantine or isolation orders due to COVID-19.
    • Employee advised to self-quarantine or self-isolate by a healthcare provider due to COVID-19 related concerns
    • Employee sent home by employer over concerns of COVID-19 transmission.

    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

    • Disability Insurance: Available if employee is unable to work due to having or being exposed to COVID-19 (certified by a medical professional). SDI Waiting period is waived.
    • Paid Family Leave: Available if employee is caring for an ill or quarantined family member with COVID-19.
    • California Employment Development Department website
    • CA Labor Code - scroll down to §248

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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

    Employee Eligibility

    • Provides supplemental paid sick leave related to COVID-19 to employers with 500 or more workers total at the start of the leave period, as well as “Health Care” workers (defined employees who provide health care services, including diagnostic services, preventive services, treatment services, or other services that are necessary to the provision of patient care) working for employers of any size.
    • Expansion of SDI/PFL laws to include “quarantine” if certified as necessary by a medical professional or via a written order from a state or local health officer that is specific to the employee.

    Waiting Period

    None (248.1 (b)(2)(E))

    Qualifying Leave/Benefits Reason(s)

    • Employee unable to work due to federal, state or local quarantine or isolation orders due to COVID-19.
    • Employee advised to self-quarantine or self-isolate by a healthcare provider due to COVID-19 related concerns
    • Employee sent home by employer over concerns of COVID-19 transmission.

    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 Laws

    There 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.

    Berkeley, CA (No COVID specific leave)

    Paid Sick Leave Ordinance

    Emeryville, CA

    Paid Sick Leave Ordinance (COVID Guidance)

    Long Beach, CA

    Paid Supplemental Sick leave Ordinance

    • Ordinance
    • City council monitoring situation every 90 days to determine sunset date, none at this time

    Los Angeles, CA

    Supplemental Paid Sick Leave

    • Ordinance
    • 2 weeks after expiration of COVID local emergency period

    Los Angeles County, CA

    Supplemental Paid Sick Leave

    • Ordinance
    • Expired 12/31/20, no extension so far

    Oakland, CA

    Emergency Paid Sick Leave

    • Ordinance
    • Expired 12/31/20, no extension so far

    Sacramento, CA

    Amendment to Sacramento City Code

    Sacramento County, CA

    Amendment to Sacramento County Code

    • Ordinance
    • Website
    • Extended to 03/31/2021; however, effective date of 01/14/2021, so no official coverage between 12/31/2020 – 01/13/2021

    San Diego, CA

    Positive Recovery Stipend Program

    • Website
    • Effective 09/25/20 until funding is exhausted

    Earned Sick Leave Guidance

    Supplemental Paid sick leave

    San Francisco, CA

    Paid Sick Leave (COVID guidance)

    Public Health Emergency Leave

    San Jose, CA

    Emergency Sick Leave

    San Mateo County, CA

    Supplemental Paid Sick Leave

    Santa Monica, CA (No COVID Specific Ordinance)

    Paid Sick leave

    Santa Rosa, CA

    Temporary Paid Sick Leave

    Sonoma County, CA

    Supplemental Paid Sick Leave

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    Colorado

    Colorado Paid Family and Medical Leave Insurance Act

    Colorado 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, 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. 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: Colorado Paid Family and Medical Leave (C.R.S. §§ 8-13.3-501 et seq.)

    Regulations: In progress; initial rules and regulations necessary for implementation must be promulgated by January 1, 2022.

    State PFML website: Not yet developed


    Effective:
    • Contributions: January 1, 2023
    • Benefits: January 1, 2024

    Administered By

    • State plan: Colorado Department of Labor
      • New Division of Family and Medical Leave Insurance to be created, led by a Director
    • Private plans permitted
      • Must meet or exceed benefits provided under statute and not impose greater employee obligations
      • Insured by an insurer approved by the state
      • Self-funded – requires a bond

    Statute:
    C.R.S. §8-13.3-508
    C.R.S. §8-13.3-521

    Covered Employers

    • Private employers:
      • With 1 or more employees during 20 weeks in the current or prior calendar year; or
      • Who paid wages of $1,500 or more during any quarter in the prior calendar year
    • The state and political subdivisions
    • The federal government is excluded
    • Local governments may opt out of CO PFML coverage
      • “Local government” means any county, city and county, city, or town, school district, special district, authority, or other political subdivision of the state

    Statute:
    C.R.S. §8-13.3-503(8)
    C.R.S. §8-13.3-522
    §29-1-204.5(3)(b)

    Covered Individuals & Eligibility

    “Covered Individual” means any person who:

    • Earned at least $2500 in wages subject to premiums during the base period
      • Base period: first 4 of the last 5 completed calendar quarters immediately preceding the first day of the individual's benefit year
      • Alternative base period: last 4 completed calendar quarters immediately preceding the benefit year

      OR

    • Elects coverage for a minimum of 3 years (e.g., self-employed, sole proprietor, independent contractor, employees of local governments that have opted out of coverage, etc.)

    Note: For simplicity, we use the term “employee” throughout this chart

    Statute:
    C.R.S. §8-13.3-503(3)
    C.R.S. §8-13.3-514
    C.R.S. §8-70-103(1.5) and (2)

    Qualifying Leave/Benefits Reasons

    Leave/benefits reasons:

    • Employee’s serious health condition
    • Caring for a family member with a serious health condition
    • Bonding with a new child during the first year after birth, adoption, or placement
    • Qualifying military exigency
    • Safe leave (leaves related to the employee or a family member being a victim of domestic violence, stalking or sexual assault or abuse)

    Covered family relationships:

    • Child of any age*
    • Parent*
    • Spouse
    • Domestic partner
    • Grandparent*
    • Grandchild*
    • Sibling*
    • Like a family member: Any individual with whom the employee has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship

    * 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:
    C.R.S. §8-13.3-504
    C.R.S. §8-13.3-503(11)
    C.R.S. §8-13.3-503(16)
    C.R.S. §8-13.3-504(18)

    Required Claim Documentation

    CO PFML Division will develop claims procedures and forms, including

    • Certification from a health care provider for proof of a serious health condition and
    • Documentation of need for safe leave

    Statute:
    C.R.S. §8-13.3-516(2)

    Waiting Period

    None

    Contribution Rate & Responsibility

    • Start: January 1, 2023
    • Amount:
      • 2023-2024: 0.9% of employee’s wages
      • 2025 and after: rate may be adjusted according to a described formula but not to exceed 1.2% of employee’s wages
      • Wages subject to contribution capped at federal SSA limit
      • Employer can require employees to contribute up to ½ of total premium
      • Employers with fewer than 10 employees do not have to contribute the employer’s share of premiums to the state; must still contribute the employees’ share

    Statute:
    C.R.S. §8-13.3-516(1)
    C.R.S. §8-13.3-507

    Benefit Amount

    • Start: January 1, 2024
    • Amount:
      • 90% of the employee’s average weekly wage (AWW) that is equal to or less than 50% of the state AWW
      • PLUS

      • 50% of the employee’s AWW that is greater than 50% of the state AWW
    • Maximum weekly benefit: 90% of state AWW
    • Exception: for benefits beginning before 1/1/2025, the maximum benefit will be $1,100 per week

    Statute:
    C.R.S. §8-13.3-516(1)
    C.R.S. §8-13.3-506

    Maximum Duration of Benefits

    • 12 weeks in an Application Year
    • Additional 4 weeks for a serious health condition related to pregnancy complications or childbirth complications

    Statute:
    C.R.S. §8-13.3-505(1)

    Increments of Leave Usage/Benefits

    • 1 hour OR
    • Smaller increments if consistent with employer’s increments for other employee leave
    • Benefits not payable until employee accumulates at least 8 hours of PFML usage

    Statute:
    C.R.S. §8-13.3-505(3)

    Interaction with other Leaves/Benefits

    • Unemployment – interaction not addressed
    • Federal pay benefits (e.g., SSDI) – interaction not addressed
    • STD policies – employer CA require any payment made or leave allowed under a disability policy be taken concurrently or otherwise coordinated
    • Employer-provided accrued vacation, sick leave, or other paid time off:
      • Employer cannot require employee to use benefits prior to or while receiving CO PFML benefits
      • Employee and employer may agree to use of such benefits not to exceed in total the employee’s AWW
    • FMLA – runs concurrently if applicable
    • Interaction to be determined by Director by rule if employee is concurrently eligible for:
      • CO leave for victims of domestic abuse or sexual assault
      • Workers’ compensation benefits

    Statute:
    C.R.S. §§8-13.3-510
    C.R.S. §24-34-502.7

    Leave/Benefits Year

    Application Year: 12-month period beginning on the first day of the calendar week in which an employee files an application for PFML benefits

    Statute:
    C.R.S. §8-13.3-503(1)

    Employer Notice Requirements

    • CO PFML Division will develop notice materials with details of the CO PFML program for employer use
    • Employers will be required to provide written notice to employees:
      • By posting in the workplace
      • Upon hire
      • Upon learning an employee is experiencing an event that would be covered by CO PFML

    Statute:
    C.R.S. §8-13.3-511

    Employee Notice Requirements

    • 30 days if leave is foreseeable
    • Such notice as is practicable if leave is not foreseeable or if 30 days is not possible

    Statute:
    C.R.S. §8-13.3-505(5)

    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:
    C.R.S. §8-13.3-509

    Benefits Protection

    Continuation of health care benefits during leave

    Statute:
    C.R.S. §8-13.3-509

    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:
    C.R.S. §8-13.3-515

    Appeals

    • Director to establish administrative appeal process
    • Judicial review permitted after exhaustion of administrative remedies

    Statute:
    C.R.S. §8-13.3-512

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    District of Columbia

    Leave Program Updates and Expansions

    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 Benefits

    Contributions began July 1, 2019
    Benefits began July 1, 2020

    Department: DC Office of Paid Family Leave

    Statute: Universal Paid Leave

    Regulations: Paid Leave Contributions Regulations

    Administered By

    • District administered
    • No private plan option

    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:

      • Spends more than 50% of the employee’s work time for that employer working in DC or
      • Is based in DC and regularly spends a substantial amount of work time for that employer in DC and not more than 50% of work time for that employer in another jurisdiction

      And:

      • Has been a covered employee during some or all of the 52 calendar weeks immediately preceding the qualifying event for which paid leave is needed (pro-rated benefits for employees with less than a year of service with the covered employer)

    Qualifying Leave/Benefits Reasons

    • Family Leave - Caring for a family member who requires care or companionship because of a serious health condition
      • Family member is defined as:
        • Child (biological, adopted, foster, stepchild, legal ward, child of a domestic partner, or a person to whom an eligible individual stands in loco parentis)
        • Parent (biological, foster, adoptive, in-law, stepparent, legal guardian, or person who stood in loco parentis to the employee when the employee was a child)
        • Spouse
        • Domestic partner
        • Grandparent
        • Sibling
    • Parental Leave - Bonding with a newborn or newly placed child through adoption, foster care, or legally assumed parental responsibility for a child
      • Parental leave must be completed within one year of the birth or placement
    • Medical Leave - Leave needed due to the employee's own serious health condition

    Waiting Period

    1 week waiting period per 52-week period, regardless of number of qualifying events

    Relapse Period

    None

    Contribution Rate & Responsibility

    Employers cover the full cost of UPL. Employers contribute 0.62% of the wages of covered employees. Amount is set by statute with no annual adjustment mechanism.

    Benefit Amount

    Calculation:

    • 90% of the employee’s average weekly wage if the employee’s average weekly wage is less than or equal to 150% of 40 times DC's minimum wage
    • 90% of the employee’s average weekly wage, plus 50% of the amount by which the employee's average weekly wage exceeds 150% of 40 times DC's minimum wage, if the employee’s average weekly wage is greater than 150% of 40 times DC's minimum wage
    • Employee's average weekly wage is calculated based on the 4 highest paid quarters of the most recent 5 completed calendar quarters

    Maximum Benefit:

    • $1,000 per week through September 25, 2021
    • $1,009 per week for leaves that begin on or after September 26, 2021
    • Adjusted annually each October 1 (effective immediately unless otherwise stated)

    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

    • Family leave benefits: 6 workweeks in a 52 calendar week period
    • Parental leave benefits: 8 workweeks in a 52 calendar week period
    • Medical leave benefits: 2 workweeks in a 52 calendar week period
    • Total leave benefits: No more than 8 workweeks in a 52 calendar week period for all leaves combined

    Increments of Leave Usage/Benefits

    • Continuous
    • Intermittent – in full day increments

    Interaction with Other Leaves and Benefits

    • UPL Leave – Cannot collect (UPL) Medical, Parental, and/or Family Leave concurrently
    • Unemployment – Cannot collect UPL and unemployment insurance concurrently
    • Short-term disability Benefits – Insured STD benefits cannot be offset by actual or estimated UPL benefits (not applicable to Self-Funded plans)
    • Long-term disability Benefits – Cannot collect LTD and UPL concurrently
    • Employer-provided short-term paid leave benefits – Available concurrently with UPL benefits if permitted by terms of employer policies (e.g., sick time, vacation time, short-term disability, parental leave)
    • Social Security Retirement – Unknown
    • FMLA and DC FMLA – Unpaid job-protected leave runs concurrently when applicable
    • DC Parental Leave Act – DC has a separate “Parental Leave Act” that allows time off to attend a child’s school-related activities. Leave reasons do not overlap with DC UPL and so do not run concurrently

    Leave/Benefits Year

    52 calendar weeks (measuring method for the 52 weeks is not defined by the UPL statute or regulations)

    Employer Notice Requirements

    • Posting the Paid Family Leave Poster at the worksite or other common areas. Poster
    • Employer must provide information about the paid family and medical leave program three times:
      • At the time of hire
      • At least once a year
      • Any time the employee inquires about a potential family or medical leave event

    Employee Notice Requirements

    • Foreseeable leave: Written notice at least 10 days prior to taking leave, or as early as possible
    • Unforeseeable leave: Oral or written notice before the start of work shift
    • Emergency leave: Oral or written notice within 48 hours after the emergency occurred

    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:

    • Medical leave: Documentation from a health care provider certifying the employee's serious health condition
    • Family leave: Documentation from a health care provider certifying the family member's serious health condition and leave details
    • Parental leave: Documentation of the child's birth or placement

    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:

    • Eligibility for benefits
    • The weekly benefits amount, or
    • The duration of benefits

    Voluntary Plan Options

    Not allowed

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    District of Columbia – Expansion of DC FMLA

    Effective 03/11/2020 – April 21, 2021, or the end of Declared Emergency, whichever occurs first

    Employee Eligibility

    Employee who has worked for 30 days for a DC employer of any size

    Waiting Period

    None

    Qualifying Leave/Benefits Reasons

    • Recommendation from health care provider that employee isolate or quarantine, including because the employee or a household member is at high risk for serious illness from COVID-19
    • Need to care for a family or household member who is under government or health care provider order to quarantine or isolate
    • Need to care for a child whose school or place of care is closed or whose childcare provider is unavailable to the employee

    Documentation

    Employer may require reasonable certification of the need for leave as follows:

    • A written, dated statement from a health care provider stating that the employee has such need and the probable duration of the need for leave.
    • If the leave is for care of an employee's family member or individual with whom the employee shares a household, a written, dated statement from a health care provider stating that the individual has such need and the probable duration of the condition.
    • If the leave is needed because a school, place of care or childcare provider is unavailable, a statement by the head of the agency, company or childcare provider stating such closure or unavailability, which may include a printed statement obtained from the institution's website.

    Benefit Amount

    Unpaid

    Job Protection

    Yes

    Duration of Leave

    16 weeks in addition to regular DC FMLA

    Additional Information

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    Hawaii

    State and Municipal Leave Program Updates and Expansions

    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 1969

    Department: Hawaii Department of Labor & Industrial Relations, Disability Compensation Division

    Statute: Hawaii Revised Statutes, Chapter 392

    Regulations: Hawaii Administrative Rules, Chapter 11, Title 12

    Administered By

    • State – State does not administer a State Plan.
    • Private plans – Insured, self-insured, or any through approved collective bargaining agreement
    • Matrix – Self-funded*

    * 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:

    • Has at least 14 weeks of Hawaii employment with any employer(s) (need not be consecutive);
    • Has been paid for 20 hours or more and has earned at least $400 during each of those weeks; and
    • Is in “current employment:”
      • The employee was employed immediately before the date he/she suffered the injury or illness or
      • If he/she was separated from employment, the disability occurred within two weeks of the last day of work

    For a list of exclusions, see: H.R.S. 392-5

    Qualifying Benefits Reasons

    • Off-the-job injury or illness which results in lost wages and:
      • Is not work-related
      • Prevents the employee from performing his/her regular duties
      • Is certified by a licensed physician
    • Pregnancy included
    • Organ donation included

    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 (2021) cannot exceed:

    Employer Contribution:

    • Employer may pay entire cost of TDI benefits, or
    • Employer may share the cost equally with eligible employees, subject to above limitations

    Benefit Amount

    As of January 1, 2021: 58% of employee’s average weekly wage, up to the maximum of $640 per week.

    See 2021 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

    • Unemployment: Cannot collect TDI if receiving unemployment insurance
    • Worker’s Compensation: Cannot collect TDI if receiving Worker’s Compensation
    • Social Security Disability: TDI does not affect eligibility for SSDI but TDI benefits cease upon date SSDI begins
    • FMLA: Unpaid, job-protected leave may run concurrently when FMLA leave reason is employee's own serious health condition
    • Hawaii Pregnancy Disability Leave, Leave for Victims of Domestic or Sexual Violence, and Donor leave (unpaid, job-protected) run concurrently when leave reason is for employee’s medical illness or injury
    • Hawaii Family Leave Act: Not concurrent; does not cover employee’s own medical condition
    • Other State Disability Benefits: TDI benefits reduced by the amount paid under the law of another state

    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:

    1. The first day of the first week of disability when the employee files a subsequent claim for temporary disability benefits; or
    2. The first workday following the expiration of the preceding benefit year if a disability for which benefits are payable during the last week of the preceding benefit year continues and the employee is eligible for further benefit payments.

    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.

    • TDI-45 is not available online and must be obtained from the employer (if self-funded) or the TDI carrier
    • After Part A (Claimant’s Statement) and Part C (Doctor’s Statement) are completed, employer completes Part B (Employer’s Statement) and forwards the TDI-45 Form to its claims administrator (if self-funded) or to the employer’s TDI carrier.

    Employee Notice Requirements

    • Employee must submit completed claim form (TDI-45) within 90 days of the start of the disability
    • Failure to do so may result in the loss of some or all of their benefits unless good cause is shown
    • If employee files a claim more than 26 weeks after the start of a disability, the employee will not be entitled to any benefits

    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:

    • Purchase an insured plan from an authorized carrier.
    • Adopt a self-insured plan that must be approved by the Division. Plan must be equivalent or better than the statutory plan. Must also show proof of financial solvency by furnishing auditing statements, depositing securities or posting a surety bond.
    • Through collective bargaining agreement containing sick leave benefits as least as favorable as required by TDI law.

    Appeals

    • Appeal of claim denial: written explanation of why employee disagrees with denial
      • Must send 2 copies to the Division or the nearest Department of Labor & Industrial Relations District Office.
      • Employee has 20 days from date of mailing the denial to appeal
    • Appeal of amount of award: written appeal with pay stubs or other evidence of incorrect benefit amount
      • Must send 2 copies to the Division or the nearest Department of Labor & Industrial Relations District Office.
      • Employee has 20 days from date of initial incorrect payment to appeal
    • Judicial review after appeal: Available to any party in circuit court

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    Hawaii PFML Update

    Effective 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

    State and Municipal Leave Program Updates and Expansions

    Maine – Employment Leaves for Caregivers and Persons Affected by Extreme Public Health Emergency

    Effective 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:

    • Under individual public health investigation, supervision or treatment
    • Acting in accordance with an order
    • In quarantine or isolation
    • Directed by employer due to concern that employee may expose other workers or
    • Needed to provide care or assistance to the employee's spouse, domestic partner, parent, child or legal ward

    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

    • "Extreme public health emergency" means the occurrence or imminent threat of widespread exposure to a highly infectious or toxic agent that poses an imminent threat of substantial harm to the population of the State.
    • An employer may deny leave if:
      • The employer would sustain undue hardship from the employee's absence
      • The request for leave is not communicated to the employer within a reasonable time under the circumstances
      • The employee requesting leave is a state, county or municipal employee who performs essential services, unless there are no other options or persons able to provide care or assist the family member
    • An employee taking leave retains any employee benefits accrued before the leave commenced and is entitled to maintain health insurance benefits on the same terms and conditions as applicable to similarly situated employees
    • Emergency leave act
    • “Extreme public health emergency:” Title 22, §801-4A: Definitions (maine.gov)
    • Maine Extreme Public Health Emergency

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    Minnesota

    State and Municipal Leave Program Updates and Expansions

    Minnesota Quarantine Leave

    Effective 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:

    • A commissioner's (or designee’s) directive or recommendation
    • Order of a federal quarantine officer or
    • State or federal court order

    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 Laws

    There 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, MN

    Earned Sick and Safe time (COVID Guidance)

    Minneapolis, MN

    Sick and Safe Time (COVID Guidance)

    St Paul, MN

    Earned Sick and Safe time (COVID Guidance)

    Back to Top

    New Jersey

    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.

    New Jersey Temporary Disability Benefits Law (TDB) (a/k/a Temporary Disability Insurance – TDI)

    Effective 1948

    Department: 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: N.J.A.C. 12:18-1.1, et seq. (These regulations do not reflect recent statutory amendments, as of last check on 03-01-2021)

    Administered By

    State – Division of Temporary Disability and Family Leave Insurance

    Private Plan – RSL insured – RSL or Matrix will administer

    Private Plan – Self-funded – Matrix will administer

    Covered Employer

    • All New Jersey employers with one or more employees and a minimum payroll of $1,000 (i.e., those that are subject to the Unemployment Compensation Law)
    • State of New Jersey (including Rutgers, The State University, and the New Jersey Institute of Technology)
    • Limited exceptions for certain governmental entities

    Statute:
    NJ Rev Stat §43:21-27

    Covered Employees & Employee Eligibility

    • Full or part-time employee employed by a Covered Employer
    • Earned at least $220.00 per week for 20 calendar weeks during the base year or earned $11,000 in a base year
      • “Base year”: first 4 of the last 5 completed calendar quarters before the employee files a claim
    • Under the care of a licensed health care provider
    • Former employees are covered if disability started less than 14 days after the employee’s last day of employment with a Covered Employer

    Exclusions:

    • Federal government employees
    • Members of the New Jersey state police
    • Workers who are not technically employees (such as properly classified independent contractors)

    Statute:
    NJ Rev Stat §43:21-30, -39(d)

    Qualifying Benefits Reasons

    Employee is unable to perform the duties of the position due to an off-the-job accident or sickness. Includes:

    • Pregnancy
    • Elective surgery (to remedy a sickness or injury)
    • Organ or bone marrow donation
    • Cosmetic surgery IF surgery is reconstructive in nature or necessary to correct a disabling condition
    • Employee is the victim of domestic violence or a sexually violent offense and is unable to work due to a resulting physical or mental illness, injury, or disability
    • Quarantine of the employee due to an illness caused by or known or suspected exposure to a communicable disease, ordered or recommended by a healthcare provider or public health authority during a state of emergency declared by public officials

    Statute:
    NJ Rev Stat §43:21-29
    NJ Rev Stat §43:21-27(e)(1)

    Waiting Period

    • 7 consecutive days. Benefits begin on 8th consecutive day of disability
    • If benefits are payable for 3 consecutive weeks, the first 7 days become payable
    • No waiting period for disability resulting from organ or bone marrow donation
    • No waiting period for disability resulting from quarantine, as described above in “Qualifying Benefits Reasons”

    Statute:
    NJ Rev Stat §43:21-38, -39

    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:
    NJ Rev Stat §43:21-27(g)(1)

    Contribution Rate & Responsibility

    2021:

    • Employee Contribution: 0.47% on $138,200 wage limit
    • Maximum Annual: $649.54
    • Employer Contribution: Remaining portion of the total rate

    Benefit Amount

    For periods of disability commencing on or after July 1, 2020

    • Minimum Benefit: None
    • Maximum Benefit: 85% of the employee’s average weekly wage, up to 70% of the state average weekly wage
    • Set by statute; no provision for annual adjustments

    Statute:
    NJ Rev Stat §43:21-40

    Maximum Duration of Benefits/Leave

    26 weeks or the period necessary for benefits to equal 1/3 of the employee's total wages in base year, whichever is lesser.

    Statute:
    NJ Rev Stat §43:21-38, -39

    Increments of Leave Usage/Benefits

    • Continuous
    • Reduced schedule:
      • Partial disability benefits available after 7 consecutive days of total disability
      • Employer must agree to reduced schedule
      • Available for up to 8 weeks, or up to 12 weeks if supported in writing by a qualified healthcare provider
      • 2021: Maximum of $903

    Statute:
    NJ Rev Stat §43:21-40

    Interaction with Other Leaves and Benefits

    • NJ Family Leave Insurance (FLI) – Cannot collect TDI and FLI concurrently
    • Unemployment – Cannot collect TDI and unemployment insurance concurrently
    • Workers’ compensation – Cannot collect TDI and workers’ comp concurrently, other than for permanent partial or permanent total disability previously incurred
    • Employer Paid Leave – No TDI benefits are payable for any period during which the employee receives sick, vacation, or other leave at full pay from the employer.
      Sick pay received by employee will reduce TDI benefit amount; however employee not required to exhaust last week of sick leave prior to receiving TDI benefit (with exception of governmental employees)
    • Social Security Disability – TDI does not affect eligibility for SSDI but TDI benefits cases upon date SSDI begins
    • Social Security Retirement – TDI does not affect or offset SSI benefit
    • Retirement, pension, or permanent disability benefit program to which most recent employer contributed – TDI benefits reduced by amount of payments received
    • FMLA – Unpaid leave runs concurrently when applicable
    • Other State Disability Benefits – TDI benefits reduced by the amount paid under the law of another state

    Statute:
    NJ Rev Stat §43:21-30
    NJ Rev Stat §43:21-49(j)

    Leave/Benefits Year

    52 weeks immediately preceding the week in which the disability began

    Employer Notice Requirements

    Statute:
    NJ Rev Stat §43:21-49

    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

    • File with Division, or for a private plan, file with employer (self-funded) or insurance carrier (insured)
    • For state plan, can be completed online at www.nj.gov/labor or employee can download and complete a paper form of Claim For Disability Benefits (Form DS-1).
      • Employee completes Part A and must submit the Medical Certificate (Part B) for completion by the health care provider treating the employee. Employer completes Part C.

    Job Protection

    • Generally none
    • Disability due to organ and tissue donation: employee entitled to restoration to same or equivalent position
    • Job protection may be available under federal FMLA, if applicable

    Statute:
    NJ Rev Stat §43:21-29.2

    Benefits Protections

    • None
    • Benefits protection may be available under federal FMLA, if applicable

    Appeals

    • State plan claims – appeal must be filed within 7 days after delivery or within 10 days after mailing of decision
    • Private plans – appeal to Division within 1 year of start of period of claimed benefits period

    Statute:
    NJ Rev Stat §43:21-50

    Private Plan Options

    Statute:
    NJ Rev Stat §43:21-32

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    New Jersey Paid Family Leave Insurance (FLI)

    Effective 2009

    Department: 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: No current regulations located as of 03-01-2021 | Employer Toolkit

    Administered By

    State – Division of Temporary Disability and Family Leave Insurance

    Private Plan – Self-funded – Matrix will administer

    Covered Employer

    • All N.J. employers with one or more employees and a minimum payroll of $1,000 (i.e., those that are subject to the Unemployment Compensation Law).
    • Limited exceptions for certain government entities.

    Covered Employees & Employee Eligibility

    • Full or part-time employee who contributes to FLI through payroll deductions
    • Employee must have earned at least $220.00 per week for 20 calendar weeks during the base year or earned $11,000 in a base year
      • “Base year”: first 4 of the last 5 completed calendar quarters before the employee files a claim

    Exclusions include:

    • Federal government employees
    • Workers who are not technically employees (such as properly classified independent contractors)

    Qualifying Leave/Benefits Reasons

    • Bond with a newborn, newly adopted or newly placed foster child taken within a year after the birth or placement
    • Care for a family member with a serious health condition
    • Handle matters related to being a victim of domestic violence or a sexually violent offense
      • If the employee is unable to work due to a physical or mental illness, injury, or disability related to domestic or sexual violence, the employee is covered by NJ TDB
      • Matters related to domestic or sexual violence include without limitation medical treatment, counseling, victims’ services, legal assistance, and safety measures
    • Care for a family member who is the victim of domestic violence or a sexually violent offense or tend to related matters
    • Provide care to a family member due to a known or suspected exposure to a communicable disease, if the family member is quarantined by order or recommendation of a healthcare provider or public health authority during a declared state of emergency

    Covered family members: Child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner, civil union partner, any other individual related by blood to the employee, and any other individual that the employee shows to have a close association which is the equivalent of a family relationship.

    Statute:
    NJ Rev Stat §43:21-27(o), -39.3(c)

    Waiting Period

    None

    Statute:
    NJ Rev Stat §43:21-38

    Relapse Period

    • No official relapse period since there is no waiting period for FLI claims.
    • Employee with a continued or recurrent need for family leave for the same reason should complete the Family Leave Insurance Continued Claim Certification form (FL3). The claim is extended if the request is received with supporting documentation.

    Contribution Rate & Responsibility

    2021:

    • Employee Contribution: 0.28% on $138,200 wage limit
    • Maximum Annual: $386.96
    • 100% employee-paid contribution

    Benefit Amount

    For periods of disability commencing on or after July 1, 2020

    • Minimum Benefit: None
    • Maximum Benefit: 85% of the employee’s average weekly wage, up to 70% of the state average weekly wage
      • 2021: Maximum of $903 per week.
    • Set by statute; no provision for annual adjustments

    Maximum Duration of Benefits/Leave

    • Continuous leave: 12 weeks (84 days) during a 12-month period
    • Intermittent leave: 8 weeks (56 days) in a 12-month period
    • Maximum of 12 weeks in a 12-month period for all leaves, continuous and/or intermittent.

    Statute:
    NJ Rev Stat §43:21-38

    Increments of Leave Usage/Benefits

    • Intermittent Leave (full day increments): up to 8 weeks
    • Continuous leave: up to 12 weeks

    Maximum leave is 12 weeks in a 12-month period

    Statute:
    NJ Rev Stat §43:21-38

    Interaction with Other Leaves and Benefits

    • NJ TDI – Cannot collect TDI and FLI concurrently
    • Unemployment – Cannot collect Unemployment and FLI concurrently.
    • Employer Paid Leave – No TDI benefits are payable for any period during which the employee receives sick, vacation, or other leave at full pay from the employer
    • Social Security Retirement – FLI does not affect or offset SSI benefit
    • FMLA – Runs concurrently if applicable
    • NJ Family Leave Act – Runs concurrently if applicable

    Statute:
    NJ Rev Stat §43:21-39.1(b) and (c), -49(j)

    Leave/Benefits Year

    365 consecutive days from the first day of leave (also referred to as “12 month period”)

    Statute:
    NJ Rev Stat §43:21-27(t)

    Employer Notice Requirements

    • Post the provisions of the New Jersey Family Leave Law poster in a conspicuous place for all employees.
    • Within 9 days after employee takes FLI leave or gives notice of intent to take FLI leave, issue to the employee and Division claim form with pertinent information completed
    • Provide information on how to file a claim to the employee or give the employee an application for Family Leave Benefits (form FL-1) Form

    Statute:
    NJ Rev Stat §43:21-39.1

    Employee Notice Requirements

    • Employee must submit a complete claim form (FL-1) within 30 days from the first day of family leave. Failure to do so may result in the loss of some or all benefits.
    • Bonding leave: Employee must give employer 30 days’ advance notice of continuous leave and 15 days’ advance notice of first usage of intermittent leave

    Statute:
    NJ Rev Stat §43:21-39.1, -39.3

    Employee Claim Documentation

    • File with Division, or for a private plan, file with employer (self-funded) or insurance carrier (insured)
    • Claims can be completed online at myleavebenefits.nj.gov or the employee can download and complete a paper form for Family Leave Benefits (form FL-1).
      • Employee completes Parts A and B
      • Part C is completed by the care recipient and their doctor if the leave is to care for a family member

    Statute:
    NJ Rev Stat §43:21-39.1

    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

    • State plan claims – appeal must be filed within 7 days after delivery or within 10 days after mailing of decision
    • Private plans – appeal to Division within 1 year of beginning of claimed benefits period

    Statute:
    NJ Rev Stat §43:21-50

    Private Plan Options

    Statute:
    NJ Rev Stat §43:21-32

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    New Jersey Family Leave Act

    Effective March 25, 2020

    Employee Eligibility

    • Works for an employer with more than 30 or more employees,
    • Has been employed for at least 12 months and
    • Has worked at least 1,000 hours in the 12 months immediately preceding the leave

    Waiting Period

    None

    Qualifying Leave/Benefits Reasons

    • Family Leave ONLY
    • During a declared state of emergency or pandemic
      • Requiring in-home care of child due to school or place of care closure
      • Mandatory quarantine of a family member in need of care by employee
      • Voluntary self-quarantine of a family member in need of care by employee

    Documentation Required

    Certification that includes:

    • For school closure, the date on which the closure of the school or place of care of the child of the employee commenced and the reason for such closure
    • For mandatory quarantine, the date of issuance of the determination and the probable duration of the determination
    • For voluntary self-quarantine, the date of the recommendation, the probable duration of the condition, and the medical or other facts within the health care provider or public health authority's knowledge regarding the condition

    Benefit Amount

    None; see below for NJ Family Leave Insurance

    Job Protection

    Yes

    Duration

    12 weeks per 24 months

    Additional Information

    New Jersey Statutes Annotated 34:11B-1 – 34:11B-16

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    New Jersey Temporary Disability Benefits (TDB) and Family Leave Insurance (FLI) Update

    Effective 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

    • A notice from a health care provider or a public health authority that the employee’s or family member’s presence in the community will put others at risk; and
    • A recommendation, direction, or order from the health care provider or public health authority that the employee or family member be isolated or quarantined as the result of exposure

    Benefit Amount

    85% of employee’s average weekly wage, max $881 per week

    Job Protection

    No

    Duration

    • 26 weeks for TDB
    • 12 weeks (or up to 1/3 of the gross wage earned in the base year) for continuous FLI
    • 8 weeks (or up to 1/3 of the gross wage earned in the base year) for intermittent FLI

    Additional Information

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    Rhode Island

    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

    RI Department of Labor and Training Website

    Title 28, Chapters 39-41

    Regulations

    TDI/TCI Quick Reference Guide

    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

    • Employing unit: any person, partnership, association, trust, estate, or corporation, whether domestic or foreign, or its legal representative, trustee in bankruptcy, receiver, or trustee, or the legal representative of a deceased person

    Political subdivisions and/or instrumentalities of political subdivisions may elect coverage.

    Covered Employees & Eligibility

    • Non-monetary eligibility: Worked for a Rhode Island covered employer
    • Monetary eligibility:
      • Meet all 3 of these requirements:
        • One quarter of base period wages of at least $2,300 and
        • Total base period wages of at least 1.5 times the highest quarter earnings, and
        • Total base period earnings of at least $4,600;

        OR

      • Earn $13,800 in base period wages
    • Base period: The first 4 of the most recently completed 5 calendar quarters immediately preceding the first day of an individual's benefit year; or, if eligibility is not established under this measure, the last four 4 completed calendar quarters immediately preceding the first day of the claimant's benefit year

    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

    2021: Employee wage deductions of 1.3% of first $74,000 earned

    Benefit Amount

    2021:

    • 4.62% of the wages earned during the highest quarter of the base year
    • Minimum weekly benefit: $107
    • Maximum weekly benefit: $887
    • Dependent's allowance: Greater of $10 or 7% of weekly benefit rate (up to 5 dependents), up to maximum of $887 per week

    2022:

    • 4.62% of the wages earned during the highest quarter of the base year
    • Minimum weekly benefit: $107
    • Maximum weekly benefit: $978
    • Dependent's allowance: Greater of $10 or 7% of weekly benefit rate (up to 5 dependents), up to maximum of $1,320 per week

    Maximum Duration of Benefits/Leave

    • 30 weeks per benefit year
    • Combined total of TDI and TCI cannot exceed 30 weeks per benefit year

    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

    • RI TCI – combined amount of RI TCI and RI TDI cannot exceed a total of 30 weeks within the benefit year. Cannot take RI TDI at same time as RI TCI.
    • Vacation, sick pay, salary, etc. – Employee can receive TDI benefit while receiving pay from employer
    • Unemployment – Cannot collect RI TDI and unemployment insurance concurrently
    • Workers’ Compensation – Cannot collect RI TDI and Workers’ Compensation concurrently
    • Social Security – RI TDI does not affect right to SSA benefits
    • FMLA – Will apply concurrently with RI TDI, if applicable

    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

    • Qualified Healthcare Provider (QHP) must certify the patient functionally unable to perform their customary and regular work duties and provide the length of time the patient is expected to be unable to work
    • For eligibility to begin the first day he/she is disabled, the patient must have an in-office examination by a licensed QHP that week, the week before or the week after the disability began
    • May require assessment by Impartial Medical Examiner

    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

    RI Department of Labor and Training Website

    Title 28, Chapter 41

    Regulations

    TDI/TCI Quick Reference Guide

    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

    • Employing unit: any person, partnership, association, trust, estate, or corporation, whether domestic or foreign, or its legal representative, trustee in bankruptcy, receiver, or trustee, or the legal representative of a deceased person

    Political subdivisions and/or instrumentalities of political subdivisions may elect coverage.

    Covered Employees & Eligibility

    • Non-monetary eligibility: Worked for a Rhode Island covered employer
    • Monetary eligibility:
      • Meet all 3 of these requirements:
        • One quarter of base period wages of at least $2,300 and
        • Total base period wages of at least 1.5 times the highest quarter earnings, and
        • Total base period earnings of at least $4,600;

        OR

      • Earn $13,800 in base period wages
    • Base period: The first 4 of the most recently completed 5 calendar quarters immediately preceding the first day of an individual's benefit year; or, if eligibility is not established under this measure, the last four 4 completed calendar quarters immediately preceding the first day of the claimant's benefit year

    Qualifying Leave/Benefits Reasons

    • Care for a child, parent, parent-in-law, grandparent, spouse or domestic partner who has a serious health condition, or
    • Bonding with a newborn or newly placed child for adoption or foster care within the first year of birth or placement

    Waiting Period

    Must be out of work for 7 days, but benefit is payable since first day out

    Relapse Period

    None

    Contribution Rate & Responsibility

    2021: Employee wage deductions of 1.3% of first $74,000 earned

    Benefit Amount

    2021:

    • 4.62% of the wages earned during the highest quarter of the base year
    • Minimum weekly benefit: $107
    • Maximum weekly benefit: $887
    • Dependent's allowance: Greater of $10 or 7% of weekly benefit rate (up to 5 dependents), up to maximum of $887 per week

    2022:

    • 4.62% of the wages earned during the highest quarter of the base year
    • Minimum weekly benefit: $107
    • Maximum weekly benefit: $978
    • Dependent's allowance: Greater of $10 or 7% of weekly benefit rate (up to 5 dependents), up to maximum of $1,320 per week

    Maximum Duration of Benefits/Leave

    • 4 weeks per benefit year
    • Increases to 5 weeks per benefit year starting 01/01/2022
    • Increases to 6 weeks per benefit year starting 01/01/2023
    • Combined total of TCI and TDI cannot exceed 30 weeks per benefit year

    Increments of Leave Usage/Benefits

    Continuous leave only

    Interaction with Other Leaves & Benefits

    • RI TDI – combined amount of RI TDI and RI TCI cannot exceed a total of 30 weeks within the benefit year. Cannot take RI TDI at same time as RI TCI.
    • Unemployment – Cannot collect RI TCI and unemployment insurance concurrently
    • Workers’ Compensation – Cannot collect RI TCI and Workers’ Compensation concurrently
    • Social Security – RI TCI does not affect right to SSA benefits
    • FMLA – Will apply concurrently with RI TCI
    • RI Parental and Family Medical Leave – Will apply concurrently with RI TCI if applicable

    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

    • For care of a family member, a certification including diagnosis, date condition commenced, probable duration, estimate of time needed to care for family member and a statement that the serious health condition of the family member warrants the participation of the employee
    • For bonding, a birth certificate, certificate of adoption or other competent evidence

    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 Update

    Effective 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)

    • TDI: Employee diagnosed with COVID-19, or advised to quarantine due to a potential exposure
    • TCI: Employee needs to care for family member who has been diagnosed with COVID-19 or ordered to quarantine due to potential exposure.

    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

    • 30 weeks of TDI per benefit year, minus any TCI taken within the benefit year
    • 4 weeks of TCI per benefit year

    Additional Information

    Rhode Island COVID-19 Workplace Fact Sheet

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    Washington

    State and Municipal Leave Program Updates and Expansions

    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 Leave

    Statute: Title 50A RCW: Family and Medical Leave (wa.gov)

    Regulation: Title 192 WAC

    Employment Security Department website: ESDWAGOV - Paid Family and Medical Leave Program

    Administered By

    State plan: Employment Security Department (ESD)

    Private plan:

    • Self-funded plans – Matrix
    • Insured plans not permitted

    Covered Employers & Entities

    Covered Employers:

    • All private employers with 1 or more employees in Washington
    • State and municipal governments and agencies
    • Federal government exempted
    • Self-employed individuals and federally recognized tribes can opt in
    • WA PFML does not apply to employers covered by a collective bargaining agreement (CBA) in effect prior to 10/19/2017
      • Employers covered by a CBA that expired, went into effect, or was reopened or renegotiated on or after 10/19/2017 must comply with WA PFML
      • Employers may have different employee populations under different CBAs and/or no CBA

    Statutes:
    RCW 50A.05.010​(7)(a), (b)
    RCW 50A.05.090
    RCW 50A.10.010, .020

    Regulation:
    WAC 192-500-010

    Covered Employees & Employee Eligibility

    State plan:

    • Employees who have worked 820 hours in the qualifying period
    • The 820 hours can be with any Washington employer

    Voluntary plan:

    • Employees who have worked 820 hours in the qualifying period for any Washington employer AND
    • Employees who have worked 340 hours for the current employer qualifying period (included in the 820 hours)
    • Exception:When employee moves from one employer to another, and both have a voluntary plan, employee is immediately eligible under the new employer’s voluntary plan "Qualifying period:"
    • The first 4 of the last 5 completed calendar quarters or, if eligibility is not established, then
    • The last 4 completed calendar quarters immediately preceding the application for leave

    "Qualifying period:"

    • The first 4 of the last 5 completed calendar quarters or, if eligibility is not established, then
    • The last 4 completed calendar quarters immediately preceding the application for leave

    Employee Pandemic Leave Assistance:

    • Available upon application directly to the state;
    • Payable through a special state fund; not paid from regular state PFML program or private plans):
      Available to employees who did not meet eligibility from 01/01/2021 through 03/31/2022 due to the impact of COVID-19
      • 820 hours during the 1st through 4th quarters of 2019; or
      • 820 hours during the 2nd through 4th quarters of 2019 and 1st quarter of 2020

    Statutes:
    RCW 50A.05.010​(5), (8), (20)
    RCW 50A.15.010
    RCW 50A.30.020

    Regulation:
    WAC 192-530-030

    Qualifying Leave/Benefits Reasons

    Medical Leave:

    • Employee’s own serious health condition

    Family Leave:

    • Bonding (birth, adoption, placement for foster care)
    • Care for a family member with a serious health condition
    • Qualifying military exigencies arising from a family member's active duty military service or call to active duty

    “Family member” includes the employee’s:

    • Spouse (including state registered domestic partnership)
    • Child*, including child's spouse, regardless of age or dependency status
    • Grandchild
    • Grandparent
    • Parent*, including parent of employee's spouse
    • Sibling
    • Any individual who regularly resides in the employee's home with an expectation that the employee care for the individual.**
    • Any individual whose relationship with the employee creates an expectation of care and that individual depends on the employee for care.**

    * “Child” and “Parent” include biological, adoptive, de facto, foster, step, in-law, legal guardianship, and in loco parentis relationships
    **Effective 07-24-2021

    Statutes:
    RCW 50A.05.010​(2), (10), (11), (12), (13), (15), (17)

    Regulation:
    WAC 192-500-080, -190

    Waiting Period

    7 consecutive calendar days

    • Starts on the Sunday prior to employee’s first day of qualifying leave
    • Employee must take at least 8 consecutive work hours of leave in a week to start the waiting period
    • Only one waiting period per claim year
    • Waiting period is satisfied by 7 consecutive calendar days regardless of how many hours or days of leave the employee takes during those 7 days
    • Not applicable to family leave for bonding or military exigencies
    • Employee can use accrued paid time off during waiting period

    Statutes:
    RCW 50A.15.020​(1)(a)

    Regulation:
    WAC 192-500-185

    Contribution Rate & Responsibility

    For 2021: 0.4% of employee’s gross wages

    • Premium for family leave = 1/3 of total premium; employee is responsible for all
    • Premium for medical leave = 2/3 of total premium; employee pays 45%, employer pays 55%
    • Of the total premium, employee pays 63.33% and employer pays 36.67%
      • Exemption: Employers with fewer than 50 employees in Washington can opt out of paying employer share of premium contributions, but still must: (1) collect or cover employee's share and remit to ESD; and (2) provide job-protected leave
    • Employer can elect to cover some or all of employee’s share of premiums
    • Employee’s income subject to premium is capped at Social Security taxable wages ($142,800 for 2021)
    • 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:
    RCW 50A.10.030​(1)(b) & (c), (3)(a), (b), (c) & (d), (4), & (5)

    Regulation:
    WAC 192-510-040

    Benefit Amount

    • Maximum: $1,206 per week
    • Minimum: $100 per week (or employee’s actual wages if less) for 2021
    • Adjusted annually, effective the next January 1
    • Employees who make 50% or less than the state’s average weekly wage (AWW) will receive 90% of the employee’s AWW
    • Employees who make greater than 50% of the state’s AWW will receive:
      • 90% of 50% of the Statewide AWW; PLUS
      • 50% of the difference of the employee’s AWW and 50% of the state’s AWW (subject to a $1206 cap)
    • Leave taken on intermittent or reduced schedule: Benefit amount prorated accordingly
    • Benefits calculator: Estimate your weekly pay – Washington State's Paid Family and Medical Leave

    Statutes:
    RCW 50A.15.020​(2), (4), (5)

    Regulation:
    WAC 192-620-035, -040

    Maximum Duration of Benefits

    Per claim year:

    • Medical leave – 12 weeks
      • Additional 2 weeks available if employee experiences a serious health condition with a pregnancy that results in incapacity
    • Family leave for bonding, care for a family member, and military exigencies – 12 weeks
    • Total for all leave reasons combined – 16 weeks
      • Additional 2 weeks available if employee experiences a serious health condition with a pregnancy that results in incapacity

    Statutes:
    RCW 50A.15.020​(3)

    Regulation:
    WAC 192-620-026

    Increments of Leave Usage/Benefits

    • An employee must take at least 8 consecutive hours of leave in a week to qualify for benefits that week:
      • "Week": Seven consecutive calendar days beginning on Sunday 12:00 a.m. and ending at 11:59 p.m. the following Saturday
      • If the employee satisfies the 8 consecutive hours in a week, all other time taken in the same week is payable
    • Leave taken in less than full hour increments is rounded down to the next lower full hour.
    • These increments are applicable to all WA PFML leave reasons.
    • The weekly WA PFML benefit will be prorated in accordance with the hours or days taken as leave compared to the employee’s typical workweek hours.

    Statutes:
    RCW 50A.15.020​(1), (2), (2)(b) & (c)

    Regulation:
    WAC 192-500-110
    WAC 192-620-005, -035, -040

    Interaction with Other Leaves and Benefits

    • Paid time off benefits:
      • Can be used during the waiting period without penalty
      • WA PFML benefits will be reduced or prorated if during the WA PFML leave the employee receives other paid leave such as vacation leave, sick leave, or other paid time off that is not designated as a supplemental benefit payment by the employer
    • A “supplemental benefit payment” can be used concurrently with WA PFML (e.g., to top off WA PFML benefits up to 100% of the employee’s AWW) without reduction of WA PFML benefits:
      • “Supplemental benefit payment”: A payment offered by employer to an employee who is taking WA PFML leave
      • Employer can elect to designate paid benefits as a supplemental benefit, including but not limited to, salary continuation, vacation leave, sick leave, or other paid time off
      • Employer cannot require employee to use supplemental benefit payments during WA PFML leave
    • Company-provided short-term & long-term disability benefits:
      • Receipt of disability benefits does not affect an employee’s entitlement to WA PFML
      • WA PFML can serve as an offset against disability plan benefits, determined by the terms of the plan
    • Paid sick leave: Employee can elect but cannot be required to use paid sick leave in lieu of WA PFML and/or during the WA PFML waiting week.
    • FMLA:
      • An employee cannot be required to take WA PFML for a covered leave reason; the employee can take leave for a reason covered by both FMLA and WA PFML but choose to defer WA PFML benefits and job-protected leave until a later date
      • If an employee elects to use WA PFML, FMLA will run concurrently if the employee’s leave is covered by both statutes
    • State and federal benefits laws do not run concurrently with WA PFML:
      • WA PFML benefits are in addition to benefits provided by unemployment, workers’ compensation, or disability insurance laws
      • Employee is disqualified from receiving WA PFML benefits during any week in which the employee received/will receive such benefits
    • State leave laws:
      • Washington repealed its Family Leave Act to coincide with the effective date of the PFML law
      • WA Military Family Leave (available to the spouse or domestic partner of a military member) may run concurrently with WA PFML if both statues are applicable

    Statutes:
    RCW 50A.15.060​(2)
    RCW 50A.15.100, .110

    Regulation:
    WAC 192-620-005, -035, -040
    WAC 192-500-180
    WAC 192-610-075
    WAC 192-630-020, -030, -035(1)(b), -040(1)(a) & (b)

    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:
    RCW 50A.15.065

    Regulation:
    WAC 192-500-070

    Employer Notice Requirements

    Posting:

    Individual notice:

    • Written notice of WA PFML rights must be provided when an eligible employee is absent from work for a covered reason for more than 7 consecutive days
    • Provided within 5 business days after the employee's 7th consecutive day of absence, or within 5 business days after the employer has received notice that the employee's absence is due to family or medical leave, whichever is later
    • Use form provided by ESD: Paid-Leave-ER-notice-to-EE-2021-03-01.pdf (wa.gov)

    Statutes:
    RCW 50A.20.010, .020

    Regulation:
    WAC 192-540-010, .020

    Employee Notice Requirements

    • Foreseeable leave: 30 days’ advance notice
    • Unforeseeable leave: As soon as practicable
    • Leave for military exigency: As soon as practicable even if greater than 30 days

    Statutes:
    RCW 50A.05.020​(5)

    Regulation:
    WAC 192-600-005

    Required Claim Documentation

    • Medical leave: Certification from a health care provider
    • Bonding leave: Birth certificate, certification from the child’s health care provider, or court orders
    • Care for a family member with a serious health condition: Certification from the family member’s health care provider
    • Qualifying military exigencies: Active duty orders and other information to substantiate the qualifying event
    • Documentation of family relationship may also be requested

    Statutes:
    RCW 50A.15.040​(1)(e), (g)

    Regulation:
    WAC 192-610-020, -025, -030, -035

    Job Protection

    Restoration to employee’s same or equivalent job following leave

    • State plan: Employee worked 12 months with employer and 1,250 hours in 12 months preceding leave
    • Voluntary plan: Employee worked 9 months with employer and 965 hours for that same employer in 12 months preceding leave
    • Key employee provision applies to top 10% paid salaried employees

    Statutes:
    RCW 50A.30.010​(5)(h)
    RCW 50A.35.010

    Regulation:
    WAC 192-700-005

    Benefits Protections

    • No loss of any employment benefits accrued before leave start date (e.g., insurance, PTO, education and retirement benefits).
    • Continuation of health insurance benefits during WA PFML leave under same conditions as during active employment if any part of the leave is also covered by FMLA.

    Statutes:
    RCW 50A.35.010, .020

    Regulation:
    WAC 192-700-020

    Reporting Requirements

    Employers: Quarterly employment and wage detail reports must be sent to ESD

    Statutes:
    RCW 50A.20.030
    RCW 50A.30.080

    Regulation:
    WAC 192-540-030, -040, -050

    Appeals

    Appeals of denial of benefits, plan revocations, or other adverse decisions are made to the ESD

    • Includes appeals from voluntary plan decisions

    Statutes:
    RCW 50A.50.010 et seq.

    Regulation:
    WAC 192-500-040
    WAC 192-800-005 et seq.

    Voluntary Plan Options

    • Must be equal to or better than state plan, with no greater burdens to employee
    • Self-funded plans only; must maintain employee funds (if any) in a separate trust account
    • Initial plan valid for 1 year; must get annual reapproval for first 3 years; then reapproval only required if plan is changed (other than statutorily required changes)

    Voluntary plans – Washington State's Paid Family and Medical Leave

    Statutes:
    RCW 50A.30.010 et seq.

    Regulation:
    WAC 192-530-010 et seq.

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    WASHINGTON STATE – Governor’s Proclamations – Workers at High Risk

    Effective 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)

    • Proclamation 20-46, as extended by 20.46.2, requires employers to provide all applicable accommodations to high risk employees to mitigate their risk to exposure, including telework
    • If no accommodation is available, employer must allow employee to use their accrued leave options free from risk of adverse employment action
    • If employee exhausts leave, must be allowed unpaid leave
    • Employer must maintain employee’s health benefits throughout leave, paid or unpaid

    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 Laws

    There 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, WA

    Paid Sick and Safe Time (COVID Amendment)

    Tacoma, WA

    Paid Sick Leave (COVID Guidance)

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    Oregon

    Oregon Paid Family and Medical Leave Insurance (PFMLI)

    Contributions start January 1, 2023

    Benefits start September 3, 2023

    Oregon 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 safe leave for victims of domestic violence, harassment, sexual assault, or stalking. 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: ORS Chapter 657B - Family and Medical Leave Insurance - 2020 Oregon Revised Statutes (oregonlaws.org)

    Regulations: In progress; completion due by September 1, 2022. Current drafts can be viewed here: State of Oregon: PFMLI Administrative Rules

    State PFML website: State of Oregon: Paid Family and Medical Leave Insurance

    Administered By

    State plan: PFMLI Advisory Committee

    Private plan:

    • Insured plans – Availability of insured private plans is not yet established
    • Self-funded plans – Matrix will administer

    Covered Employer & Business Entity

    All employers.

    • Includes political subdivisions of the state, county, city, district, authority, or public corporation
    • Does not include the federal government
    • Does not include a tribal government unless it has elected to provide coverage

    Statute:
    O.R.S. §657B.010(14)

    Covered Individuals & Employee Eligibility

    Covered Individual:

    • An eligible employee
    • A self-employed individual (if opts in and meets certain requirements) or
    • An employee of a tribal government (if tribe elects to provide coverage)

    Eligible Employee: Earned at least $1,000 in wages during the base year or alternate base year

    • Base Year: First 4 of the last 4 completed calendar quarters preceding the benefit year
    • Alternate Base Year: Last 4 completed calendar quarters preceding the benefit year

    Statute:
    O.R.S. §657B.010(1), (3), (8), (11)
    O.R.S. §657B.015

    Qualifying Leave/Benefits Reasons

    • Medical Leave (employee’s own serious health condition)
    • Family Leave:
      • Bonding (birth, adoption, placement for foster care)
      • Care for a family member with a serious health condition
    • Safe Leave: Matters related to the employee or employee’s minor child as a victim of domestic violence, harassment, sexual assault, or stalking
    • Specifically excludes other leave reasons covered by OFLA (sick child, bereavement) and military spousal leave

    “Family member” includes the following relationships to the employee:

    • Spouse
    • Domestic partner
    • Child (any age; biological, adopted, step, foster, legal ward, in loco parentis) or the child's spouse or domestic partner
    • Parent (biological, adoptive, step, foster, legal guardian, in loco parentis), the parent's spouse or domestic partner, or the parent of the employee’s spouse or domestic partner
    • Sibling or stepsibling, or the sibling's or stepsibling's spouse or domestic partner;
    • Grandparent or the grandparent's spouse or domestic partner;
    • Grandchild or the grandchild's spouse or domestic partner;
    • Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

    Statute:
    O.R.S. §657B.010(17), (19), (21)
    O.R.S. §657B.020(1)
    O.R.S. §657B.010(6), (18), (20)

    Required Claim Documentation

    Not yet determined; Director will establish rules for submitting claims.

    Statute:
    O.R.S. §657B.090(1)(a)

    Waiting Period

    None

    Contribution Rate & Responsibility

    Contributions start January 1, 2023

    • Contribution rate to be set by Director of OR Employment Department
    • Total rate for employer and employee contributions may not exceed 1% of employee wages
      • Subject to maximum of $132,900 of employee’s wages, subject to annual adjustment
    • Of total rate, employer pays 40% and employee pays 60%
    • Employers with fewer than 25 employees are exempt from paying employer contribution
      • But if a small employer elects to pay the employer contribution, is eligible for grants from the state

    Statute:
    O.R.S. §657B.150, .200

    Benefit Amount

    Benefits start September 3, 2023

    • Maximum benefit: 120% of state Average Weekly Wage (AWW)
    • Minimum benefit: 5% of state AWW
    • Employees who make 65% or less than the state AWW are paid 100%
    • Employees who make greater than 65% of state AWW are paid:
      • 100% of 65% of the state AWW – PLUS – 50% of the employee’s AWW over 65% of the state AWW

    Statute:
    O.R.S. §657B.050

    Maximum Duration of Leave & Benefits

    Per benefit year:

    • 12 paid weeks for all covered leave reasons in a benefit year
    • 2 additional paid weeks for limitations related to pregnancy, childbirth, or a related medical condition (including lactation)
    • 4 additional weeks UNPAID for any reason covered by Oregon Family Leave Act (employee’s SHC, family member SHC, mildly ill child, bonding, bereavement)

    Maximum total: 18 weeks per benefit year (14 paid, 4 unpaid)

    Statute:
    O.R.S. §657B.020

    Increments of Leave Usage/Benefits

    • Benefits are payable for leave taken in increments equivalent to 1 work day or 1 work week
    • Increments of 1 work day may be taken in nonconsecutive periods of leave
    • Benefits will be paid in increments equivalent to 1 work week

    Statute:
    O.R.S. §657B.090

    Interaction with Other Leaves and Benefits

    • Employee eligibility for workers’ compensation or unemployment benefits in any week disqualifies the employee from receiving PFMLI benefits in that week
    • Interaction with disability plans and benefits not addressed
    • PFMLI runs concurrently with FMLA and Oregon Family Leave Act, if applicable
    • PFMLI benefits are in addition to paid sick time under ORS §653.606
    • Leave taken under PFML is in addition to paid vacation or other paid time off earned by the employee
    • Employer may allow employee to use paid sick time, vacation leave or other paid leave earned by the employee to replace wages up to 100% of employee’s AWW

    Statute:
    O.R.S. §657B.025, .030

    Leave/Benefits Year

    A 12-month period to be defined by rule

    Statute:
    O.R.S. §657B.010(5)

    Employer Notice Requirements

    • Provide written notice to employees of the duties and rights of an eligible employee
    • Notice must be in the language the employer typically uses to communicate with the employee
    • Timing and frequency not identified
    • Director will provide a model notice for employers’ use

    Statute:
    O.R.S. §657B.440

    Employee Notice Requirements

    • Written notice 30 days in advance for foreseeable leave
    • Less than 30 days’ notice if leave is not foreseeable (examples: unexpected serious health condition of employee or family member, premature birth, unexpected placement for adoption or foster care, or safe leave)
    • If employee commences leave without prior notice, must give oral notice within 24 hours and written notice within 3 days
    • Advance notice for safe leave not required if not feasible

    Statute:
    O.R.S. §657B.040

    Job Protection

    For employees employed 90 days or more before leave, reinstatement to same or equivalent position

    • Based on business necessity, employers with fewer than 25 employees may restore employee to a different position with similar duties and same benefits and pay

    Statute:
    O.R.S. §657B.060

    Benefits Protections

    Maintenance of health benefits during leave under same conditions as if actively working

    Statute:
    O.R.S. §657B.060

    Reporting Requirements

    Quarterly report of wages earned and contributions paid

    Statute:
    O.R.S. §657B.150(12)

    Appeals

    State plan: Affected party may request a hearing of a final decision by the Director regarding:

    • Employer: Application for an equivalent plan
    • Employee: Approval or denial of a claim for PFMLI benefits, weekly benefit amount, or disqualification from benefits (including repayment)

    Equivalent plans: Process for appeals by employees regarding coverage and benefits to be established by rule

    Statute:
    O.R.S. §657B.410, .420

    Private Plan Options

    • Private plans (“equivalent plans”) available
    • “Equivalent plan” must be equal to or better than state plan, with no greater burdens to employee
    • Availability of insured equivalent plans not yet established

    Statute:
    O.R.S. §657B.210 et seq.

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    Puerto Rico

    State and Municipal Leave Program Updates and Expansions

    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

    Departamento del Trabajo y Recursos Humanso

    Title 11, Chapter 9

    Regulation 3052

    Administered By

    RSLI – Insured

    Matrix – Self-funded

    Covered Employer

    • Any individual or organization which during any day of the current or preceding calendar year has or had in employment 1 or more individuals; or
    • Any individual or organization which has not ceased to be an employer; or
    • Any individual or organization which has elected coverage with the director

    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: Both employer and employee shall each contribute up to ½ of 1% of wages paid to employee, not to exceed $9000, in any calendar year.

    Benefit Amount

    • For an agricultural worker’s illness or injury, $12-$55 per week, based on statutory schedule and base year earnings
    • For a non-agricultural worker’s illness or injury, $12-$113 per week, based on statutory schedule and base year earnings
    • If Disabled due to Pregnancy, Benefit is 25% of weekly wage or statutory benefit under TDB, whichever is more
    • Statutory Schedule for Dismemberment
    • $4000 Death benefit plus any benefits owed to deceased worker

    Maximum Duration of Benefits/Leave

    26 weeks of paid benefit

    Increments of Leave Usage/Benefits

    Continuous only

    Interaction with Other Leaves and Benefits

    • Cannot collect Workers Compensation and PR TDB concurrently
    • Cannot collect Unemployment and PR TDB at the same time; however, can receive TDB for period of disability when unemployed
    • 8 weeks of Maternity is covered under the Working Mothers Protection Act
    • Runs concurrently with FMLA

    Leave/Benefits Year

    26 paid weeks per 52 consecutive weeks

    Employer Notice Requirements

    • Must provide employee a written notice of determination of eligibility or ineligibility upon filing of request for benefits, including a statement of appeal rights
    • Statute and Regulation are silent to Posting Notice; however, Department of Labor and Human Resources website includes SINOT poster under mandatory postings

    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:

    • Employee requests reinstatement within 360 days of the commencement of the disability and within 15 days of the employee being discharged from medical care
    • At the time of the reinstatement request, the employee is mentally and physically able to perform job
    • Employee’s job has not been eliminated at the time of the request (job is deemed to exist if occupied by another person or if reopened and filled by another person within 30 days of the reinstatement request).

    Benefits Protections

    Not addressed

    Voluntary Plan Options

    • Must be equal or more beneficial than state plan
    • Employee contributions must not be higher than employer contributions

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    Massachusetts

    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 Leave

    Department: Department of Family and Medical Leave

    Statute: Title XXII, Chapter 175M: Family and Medical Leave

    Regulations: 458 CMR: Department of Family and Medical Leave

    Administered By

    State plan: Massachusetts Department of Family and Medical Leave (DFML)

    Private plan:

    • RSLI – Insured plans
    • Matrix – Self-funded plans; RSL-insured plans for joint clients

    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:
    M.G.L. 175M § 1

    Regulation:
    458 CMR § 2.02

    Covered Individuals & Eligibility

    Covered Individual:

    • An employee who meets the “Financial Eligibility Test” through employment with an employer in Massachusetts;
    • A self-employed individual who has: (A) elected coverage under the regulations and (B) reported earnings to the Massachusetts Department of Revenue from self-employment that meet the “Financial Eligibility Test,” as if the individual were an employee; or
    • A former employee who: (A) met the “Financial Eligibility Test” through employment in Massachusetts at the time of separation from employment; and (B) has been separated from employment for not more than 26 weeks at the start of his/her family or medical leave.

    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:
    M.G.L. 175M § 1

    Regulation:
    458 CMR § 2.02

    “Financial Eligibility Test”

    Total wages from Massachusetts employment in the 12 months preceding application for benefits:

    • Equal or exceed 30 times the individual's weekly benefit amount, and
    • Is not less than $5,400 in the aggregate (for 2020; adjusted annually)

    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:
    M.G.L. 175M § 1

    Regulation:
    458 CMR § 2.02

    Qualifying Leave/Benefits Reasons

    Medical Leave (employee’s own serious health condition)

    Family Leave:

    • Bonding (birth, adoption, placement for foster care)
    • Care for a family member with a serious health condition
    • Qualifying military exigencies arising from a family member's foreign active duty service or notice of an impending call or order to foreign active duty in the Armed Forces
    • Care for a seriously ill or injured family member who is a Covered Servicemember

    “Family member” includes the following relationships to the employee:

    • Spouse
    • Domestic partner
    • Child
    • Parent or parent of a spouse or domestic partner of the employee (parents-in-law)
    • A person who stood in loco parentis to the employee when the employee was a minor child
    • Grandchild
    • Grandparent
    • Sibling

    Statute:
    M.G.L. 175M §§ 1, 2(a) and (b)

    Regulation:
    458 CMR § 2.02

    Required Claim Documentation

    • Medical leave: Certification from a health care provider
    • Bonding leave (birth): Birth certificate or statement from newborn’s or mother’s health care provider
    • Bonding leave (adoption or foster care): Certification from the child's health care provider; an adoption or foster care agency involved in the placement; or the Massachusetts Department of Children and Families
    • Care for a family member with a serious health condition: Certification from the family member’s health care provider and a statement of the family relationship
    • Qualifying military exigencies: A copy of the family member's active duty orders or other reasonable proof of active duty and a statement of the family relationship and the reason for leave
    • Care for a seriously ill or injured servicemember: Certification from the servicemember’s health care provider and a statement of the family relationship

    Statute:
    M.G.L. 175M § 5

    Regulation:
    458 CMR § 2.08(5)

    Waiting Period

    7 consecutive calendar days

    • Starts on first day of leave
    • Applicable to each medical or family leave taken for different reasons within a benefit year
    • The 7 days count toward employee’s MA PFML entitlement (e.g., 12 weeks of leave to care for a family member will be 1 week of unpaid leave to satisfy the waiting period and 11 weeks of paid leave; all 12 weeks will be job-protected)
    • Waiting period is satisfied by 7 consecutive calendar days regardless of how many hours or days of leave the employee takes during those 7 days
    • No waiting period for birth mother’s bonding leave if it immediately follows the mother’s medical leave for pregnancy or childbirth
    • Employee can use accrued vacation sick leave or other PTO during waiting period

    Statute:
    M.G.L. 175M §§ 3(a), 2(c)(1)

    Regulation:
    458 CMR § 2.12(7)

    Contribution Rate & Responsibility

    For 2020 and 2021:

    • 0.75% of employee’s Average Weekly Wage (AWW)
      • 0.62% attributable to medical leave – employee pays 40%, employer pays 60%
        • Exemption: Employers under 25 employees can opt out of paying employer share of premium contributions, but still must collect or cover employee share and pay to DFML and must provide job-protected leave
      • 0.13% attributable to family leave – employee pays all
    • Subject to income cap tied to Social Security taxable wages ($142,800 for 2021)
    • Amounts can change annually October 1, effective the next January 1
    • Private plan rates may be different than the state plan

    MA PFML Contributions Calculator

    Statute:
    M.G.L. 175M §§ 6, 7(e)

    Regulation:
    458 CMR § 2.05

    Benefit Amount

    Benefits are based on the employee’s Average Weekly Wage (AWW) compared to the Massachusetts State Average Weekly Wage (SAWW)

    2021 benefits will be based on 2020SAWW of $1,487.78

    Formula for calculating benefits:

    • Employee’s average weekly wage that is less than or equal to 50% of SAWW will be covered at 80%
    • Employee’s AWW that is greater than 50% of the SAWW will be covered at 50%, up to the maximum allowed benefit amount

    Maximum benefit:

    • 0.64% of SAWW
    • 2021: $850/week (Note: This is not 0.64% of the SAWW but is the maximum benefit the DFML has announced for 2020 and 2021)
    • Leave taken on intermittent or reduced schedule: Benefit amount prorated accordingly

    Amounts can change annually October 1, effective the next January

    MA PFML Benefits calculator

    Statute:
    M.G.L. 175M § 3

    Regulation:
    458 CMR § 2.12(1)-(4)

    Maximum Duration of Benefits

    Per benefit year:

    • Medical leave: 20 weeks
    • Family leave for bonding, care for a family member, and military exigencies: 12 weeks
    • Family leave for care of an injured servicemember: 26 weeks
    • Total for all leave reasons combined: 26 weeks

    Statute:
    M.G.L. 175M § 2(c)(1)

    Regulation:
    458 CMR § 2.08(8)

    Increments of Leave Usage/Benefits

    Increments:

    • Employee can take intermittent leave in increments consistent with the employer’s policy for other leaves
    • State plan:
      • DFML will not pay in increments of less than 15 minutes
      • DFML will pay only for 8 hours or more – or 30 days from first date of leave if employee has not used 8 hours
    • Private plan: Employer can pay for time as it is used or follow state plan rules and pay only after 8 hours of leave cumulative or after 30 days

    Intermittent usage per leave reason:

    • Bonding: With employer agreement only; can be in longer increments than intermittent leave for other leave reasons
    • Serious health condition: Employee or family member, as medically necessary (appointments and/or flare-ups)
    • Military exigencies: as needed for the event/reason
    • Care for injured servicemember: not addressed, but assume as medically necessary to provide care

    Statute:
    M.G.L. 175M § 2(c)(2)

    Regulation:
    458 CMR §§ 2.2, 2.13

    Interaction with Other Leaves and Benefits

    MA PFML benefits are reduced by amount received for:

    • Unemployment
    • Workers’ compensation
    • State or federal temporary or permanent disability benefits law
    • Employer’s permanent disability policy or program

    MA PFML benefits are not reduced by amounts received for:

    • “Temporary” disability (STD and LTD) benefits paid by the employer – can serve as a top-off
    • Amounts received per employer-paid family and/or medical leave policy that are equal to or greater than amount of MA PFML benefit entitlement – however, employer is entitled to reimbursement

    Accrued paid leave (including without limitation sick leave, annual leave, vacation leave, personal leave, compensatory leave or paid time off):

    • Waiting period: Employee can use accrued vacation sick leave or other PTO during waiting period
    • State plan: Employee CANNOT use accrued paid leave to top off MA PFML benefits or will lose MA PFML benefits for that time
    • Private plan: Employer can allow employee to top off MA PFML benefits with accrued paid leave
    • FMLA – runs concurrently if applicable
    • Massachusetts Parental Leave – runs concurrently if applicable
    • Massachusetts Small Necessities Leave – runs concurrently if applicable
    • Massachusetts Earned Sick Leave – employee can elect to use during waiting period or, if allowed by the terms of an applicable private plan, can be used to top off MA PFML benefits up to 100% of wages

    Statute:
    M.G.L. 175M § 3(c)

    Regulation:
    458 CMR § 2.12(8) and (9)

    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:
    M.G.L. 175M § 1

    Regulation:
    458 CMR § 2

    Employer Notice Requirements

    • Poster in a conspicuous place in each workplace
      • Must be in English and each additional language which is the primary language of 5 or more employees or self-employed individuals of that workplace (if notice is available in such language from DFML).
    • Individual notice in employee’s primary language to each employee and self-employed individual contracting with the employer, and to new hires within 30 days (if notice is available in such language from DFML).
    • Employer must request employee to sign an acknowledgment of receipt or a statement declining to sign an acknowledgment.

    See Employer's Guide; Steps 2 and 5

    Statute:
    M.G.L. 175M § 4(a)

    Regulation:
    458 CMR: Not addressed

    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:
    M.G.L. 175M § 4(b)

    Regulation:
    458 CMR § 2.08(2)(a)

    Job Protection

    • Restoration to employee’s same or equivalent job following leave
    • No retaliation or discrimination against employee
    • Any negative employment action within 6 months of a PFML-protected leave or activity creates a presumption of retaliation

    Statute:
    M.G.L. 175M §§ 2(e), 9

    Regulation:
    458 CMR § 2.16

    Benefits Protections

    • Protection of employment benefits (vacation, sick leave, seniority, bonuses, advancement, etc.)
    • Continuation of health insurance benefits under same conditions as during active employment

    Statute:
    M.G.L. 175M § 2(f)

    Regulation:
    458 CMR § 2.16

    Reporting Requirements

    • State plan: Quarterly employment and wage detail reports to DFML through MassTaxConnect
    • Private plans: No reporting requirements to DFML at this time; regulations empower DFML to require reporting by private plans

    Statute:
    M.G.L. 175M: Not addressed

    Regulation:
    458 CMR §§ 2.04, 2.07

    Voluntary Plan Options

    • Must be approved by DFML
    • Effective on first day of the calendar quarter following approval
    • Must be equal to or better than state plan, with no greater burdens to employee
    • Insured plan through state-approved insurer
    • Self-funded plan: Must post bond

    See more about Private PFML Plans

    Statute:
    M.G.L. 175M § 11

    Regulation:
    458 CMR § 2.07

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    Connecticut

    State and Municipal Leave Program Updates and Expansions

    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 Leave

    Department: CT Paid Leave Authority

    Statute: Substitute for S.B. No. 1 Session Year 2019; Conn.Gen.Stat. 31-49e et seq.

    Regulations: Not yet released

    PFML Glossary: Glossary of Terms

    NOTE: Although no regulations have been released, the CT Paid Leave Authority has issued guidance in various forms on its website

    Administered By

    State plan: CT Paid Leave Authority

    Private plan:

    • RSLI – Insured plans
    • Matrix – Self-funded plans; RSL-insured plans for joint clients

    Statute:
    SB 1 §2,
    SB 1 §11

    Covered Employer

    All private employers are covered, regardless of size. Does not include:

    • The federal government
    • The state, municipalities, or local or regional boards of education, except to the extent their employees are “covered public employees”
    • Nonpublic elementary or secondary schools

    Statute:
    SB 1 §1(8)

    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:

    • Is currently employed and working in CT, or
    • Has been employed and working in CT within the last 12 weeks, or
    • Is self-employed, a sole proprietor and a CT resident who have opted into the program

    Statute:
    SB 1 §4

    Qualifying Leave/Benefits Reasons

    • Employee's own serious health condition
    • Serve as an organ or bone marrow donor
    • Care for a Family Member with a serious health condition
    • Care for an I'll/injured service member
    • Bonding (birth, adoption or foster-care placement) with a child
    • Employee’s status as a victim of family violence
    • Military exigency arising from the active duty or call to active duty military service in a foreign country of employee’s spouse, child, or parent

    “Family Member” includes the following relationships to the employee:

    • Spouse
    • Sibling (related by blood, marriage, adoption or foster care placement)
    • Son or daughter (regardless of age) (biological, adopted, foster child, stepchild, legal ward or a child of a person standing in loco parentis)
    • Grandparent (related by blood, marriage, adoption or foster care placement)
    • Grandchild (related by blood, marriage, adoption or foster care placement)
    • Parent (biological, foster, adoptive, step, in-law, legal guardian of the employee or the employee’s spouse; in loco parentis)
    • An individual related to the employee by blood or affinity whose close association with the employee shows to be the equivalent of those family relationships

    Statute:
    SB 1 §3(c)(1);
    SB 1 §§17 (6), (7), (8), (10), (14), (15), (16)

    Waiting Period

    None

    Relapse Period

    None

    Contribution Rate & Responsibility

    • Program is funded by employee contributions.
      • An employer who elects a private plan may decide to cover the costs of the plan without taking employee contributions.
    • Statutory cap on the contribution rate: 0.5% of total wages.
    • Contribution rate for 2021: 0.5%
    • Employee's income subject to contribution is capped as Social Security taxable wages ($142,800 for 2021)
    • Rates may be revised every November 1st beginning November 1, 2022.
    • New contribution rates effective January 1.

    Statute:
    SB 1 §3(b)(1) & (2)

    Benefit Amount

    Benefits start 1/1/2022:

    • If employee earns less than 40x the state minimum wage: Weekly benefit is 95% of base weekly earnings.
    • If employee earns more than 40x the state minimum wage:
      • Weekly benefit is 95% of base weekly earnings, up to 40x the current state minimum wage PLUS 60% of base weekly earnings above that amount.
      • Maximum weekly benefit is capped at 60x the state minimum wage.
      • Based on 2021 state minimum wage and scheduled increases, maximum weekly benefits will be:
        • $780/week starting 1/1/2022
        • $840/week starting 7/1/2022
        • $900/week starting 6/1/2023

    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:
    SB 1 §3(c)(2);
    SB 1 §1(3)

    Maximum Duration of Benefits

    • Up to 12 weeks in any 12-month period for all leave reasons
    • Up to an additional 2 weeks available in a 12-month period for a "serious health condition resulting in incapacitation that occurs during a pregnancy” (not yet defined)
    • Spouses employed by the same employer are each eligible for up to 12 weeks of benefits
    • Leave due to employee’s status as a victim of family violence is limited to 12 days

    Statute:
    SB 1 §3(a), (d)

    Increments of Leave Usage/Benefits

    • Leave can be taken continuously, as a reduced schedule or intermittently
    • Intermittent leave or reduced schedule for bonding requires employer/employee agreement
    • For intermittent leave, the CT Paid Leave Authority, per the Employer Fact Sheet,has referenced minimum increments of 15 minutes. Additional details on intermittent leave are expected to be included in the CT PFML regulations, when available

    Statute:
    SB 1 §3(e);
    SB 1 §18(c)

    Interaction with Other Leaves and Benefits

    • Covered employees are NOT eligible for CT PFML if receiving the following:
      • Workers’ compensation benefits
      • Unemployment compensation benefits
      • Any other state or federal benefit that provides wage replacement
    • Covered employees may receive CT PFML benefits concurrently with employer benefits, as long as total compensation does not exceed 100% of the employee’s regular rate of compensation.

    Statute:
    SB 1 §3 (f), (g)

    Leave/Benefits Year

    Any of 4 leave year calculation methods can be used:

    • Calendar year
    • Any fixed 12-month period
    • Measured forward
    • Rolling back

    A private plan may select any 1 of the 4 methods.

    The Authority is expected to select 1 method to be used on all claims administered by the state.

    Statute:
    SB 1 §18(a)(1)

    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

    • No notice form identified as satisfying the statutory requirement is available from the Paid Leave Authority yet
    • The following employee materials are available from the Authority:

    * The CT PFML statute does not require any employer notice to employees until 7/1/2022. Employers should consider providing notice to employees during 2021 and annually thereafter rather than waiting until 7/1/2022

    Statute:
    SB 1 §13

    Employee Claim Documentation

    Certifications will be required based on the leave reason, but details have not yet been released.

    Statute:
    SB 1 §3(c)(1);
    SB 1 §19(a)-(b);
    C.G.S. §31-51mm

    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:
    SB 1 §18(f)

    Job Protection

    None provided; job protection may be available under FMLA, CT FMLA, or the CT Leave for Family Violence law, if applicable

    Benefits Protections

    None provided; benefits protections may be available under the FMLA, CT FMLA, or CT Leave for Family Violence law, if applicable

    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.

    Appeals

    • A denial of CT PFML benefits to an employee or the imposition of a penalty on any person may be appealed by filing a complaint with the Labor Commissioner. The decision of the commissioner may be appealed to the Superior Court
    • Benefits decisions by private plans are subject to administrative appeal and appeal to the Superior Court

    Statute:
    SB 1 §12; SB 1 §11(e)

    Private Plan Options

    • Self-funded and insured private plans allowed
    • Private plan must be equal to or better than state plan, with no greater burdens to employee
      • Self-funded plan must post a bond
      • Insured private plan policy must be issued by a state-approved insurance carrier
    • Private plan must be approved by a majority of employer’s CT employees
    • An approved private plan will remain in effect for 3 years
    • An approved self-funded private plan must update its surety bond annually

    Additional information regarding private plans:

    • CT Paid Leave Authority's Private Plan Page
    • CT Paid Leave Authority’s Private-Plan-Policy-and-Procedures Guide
    • Reliance Standard and Matrix Absence Management information regarding private plan vote of employees

    Statute:
    SB 1 §11

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    Illinois

    Municipal/County Leave Program Updates and Expansions

    Municipal/County COVID-19 Leave Laws

    There 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.

    Chicago, IL (No COVID Guidance)

    Earned sick leave

    Cook County, IL

    Earned sick leave (COVID Guidance)

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    Maryland

    Municipal/County Leave Program Updates and Expansions

    Municipal/County COVID-19 Leave Laws

    There 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.

    Montgomery County, MD (No COVID Guidance)

    Earned Sick and Safe Leave Law

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    New Mexico

    Municipal/County Leave Program Updates and Expansions

    Municipal/County COVID-19 Leave Laws

    There 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.

    Bernalillo County, NM

    Paid Leave Ordinance (No COVID Guidance)

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    Pennsylvania

    Municipal/County Leave Program Updates and Expansions

    Municipal/County COVID-19 Leave Laws

    There 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.

    Philadelphia, PA

    Paid Sick Leave (COVID Expansion)

    Public Health Emergency Leave

    Pittsburgh, PA

    Temporary Emergency Paid Sick Leave

    • Ordinance
    • In effect until end of declared emergency
      • Employees entitled to use leave until 1 week after end of declared emergency

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