Gearing up for 2022

It may only be November, but the next two months promise to be jam packed with Thanksgiving feasts, holiday cheer, lively celebrations, and, for employers and third-party administrators (TPAs), preparations to implement leave legislation that will be taking effect in January of 2022. Here’s a list of what employers and TPAs should plan to have up and running to usher in 2022.

California Family Rights Act (CFRA)

CA A 1033/CA A 1578 both amend the California Family Rights Act (CFRA) to modify the definition of “parent” to include “parent-in-law,” the parent of a spouse or domestic partner. Under CFRA, eligible employees can take unpaid leave to care for certain qualifying family members, including a parent.

Connecticut Paid Leave (CTPL)

Benefits for CTPL become available starting 1/1/2022. The CT Paid Leave Authority is currently working on proposed regulations for the CTPL program; ReedGroup will analyze and report on those regulations as soon as they are finalized. In the meantime, for more information, refer to the CTPL website and our previous blog posts here and here.

Connecticut Family and Medical Leave Act (CT FMLA)

In tandem with CTPL benefits becoming payable 1/1/2022, updates to CT FMLA also take effect. These changes include:

  • The hours-worked requirement for employee eligibility will no longer apply. The length-of-service requirement is amended to require an employee to complete three months of service immediately preceding the leave (down from 12 months or service).
  • CT FMLA will apply to employers with one or more CT employees, instead of the previous requirement of 75 employees.
  • Instead of 16 weeks in a 24-month period, employees will be entitled to 12 weeks in a 12-month period, plus an additional two weeks of leave for pregnancy-related incapacitation.
  • Employers can continue to require employees to use accrued paid time off during CT FMLA leave, but they must allow employees to retain two weeks of paid time off for other use.

The text of the bill outlining these changes, as well as CTPL, can be found here.

Illinois Victims’ Economic Security and Safety Act (VESSA)

Effective 1/1/2022, Illinois VESSA will expand to allow employees who are victims of certain crimes or violence, or who have family or household members who are victims, to take up to 12 weeks of unpaid leave per any 12-month period for specified purposes and entitles them to reasonable accommodations absent undue hardship.

The amendment expands the types of covered violence to include any “crime of violence” as defined under the law. It also expands covered family members to include civil union partners, grandparents, grandchildren, siblings, any person related to the employee by present or prior civil union, and any other person whose close association with the employee is the equivalent of a family relationship as determined by the employee. Finally, the amendment modifies the law’s certification requirements. For more details, refer to our previous blog post.

Minnesota Pregnancy Leave & Accommodation

MN S 9a, effective 1/1/2022, will repeal Minnesota’s existing Pregnancy Leave & Accommodation law (Minnesota Statutes 2020, section 181.9414) and amend Minnesota’s existing nursing mother accommodation law to add language regarding accommodations for pregnant employees, as well as language prohibiting employers from reducing an employee’s compensation for time used for the purpose of expressing milk. This law will apply to employers with 15 or more employees.

New York Paid Family Leave (NY PFL)

An amendment to 12 NYCRR 380-2.5(c), effective 1/1/2022, clarifies that when NY PFL is taken intermittently in increments of one full day, the maximum number of intermittent leave days an employee can take is based on the average number of days they work per week.​​

Oregon Family Leave Act (OFLA)

Effective 1/1/2022, OR H 2474 expands employee OFLA eligibility during a public health emergency.

The amendment also requires employers to allow employees to miss work due to the public-health-emergency-related closure of their child’s school or care provider and outlines verification requirements.

Finally, the legislation removes gendered language from pregnancy provisions. For additional details, refer to our previous blog post..

Rhode Island Temporary Caregiver Leave

Per RI S 688, temporary caregiver benefits will increase to five weeks in a benefit year starting January 1, 2022, and will increase to six weeks in a benefit year beginning January 1, 2023.

Federal Vaccine Mandate

Earlier this year, President Biden issued an order mandating large (100+ employees) private employers to require COVID-19 vaccines or regular testing for their employees. The order also requires federal contractors and employees of health care facilities that receive federal Medicare or Medicaid to be fully vaccinated. Late this week, we learned that these mandates will take effect 1/4/2022.

ReedGroup is reviewing the content of the Emergency Temporary Standard that the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) issued 11/4/2022. Look for a forthcoming blogpost in which we provide our analysis.

What Employers Should Be Doing

Employers and administrators should ensure they are prepared to incorporate new and amended legislation into their software and associated processes. Employers should also be prepared to enforce any vaccine mandates as well as administer any legally required exemptions or related accommodations.

What ReedGroup Is Doing

ReedGroup continuously tracks and analyzes federal and state leave and disability legislation to ensure our products and processes remain compliant and are up to date.

Overwhelmed by the ever-changing leave-law landscape? ReedGroup has solutions for you, including comprehensive absence management administration and compliant SaaS products. Check out our offerings here.

 

Information provided on this blog is intended for general educational use. It is not intended to provide legal advice. ReedGroup does not provide legal services. Consult an attorney for legal advice on this or any other topic.