As we get closer to the end of 2022, it’s important to look beyond the holiday season and prepare for what is coming January 1, 2023. Alongside New Year’s Resolutions, employers should prepare for state leave law changes. We’ve summarized a few of the notable items below:
In September 2022, California enacted CA A 1041. This piece of legislation, introduced in February 2021, modifies the California Family Rights Act and California’s Healthy Workplaces, Healthy Families Act. It expanded the class of people for whom an employee may take leave to care for to include a “designated person.” The bill defines “designated person” to mean any individual related by blood or whose association with the employee is the equivalent of a family relationship. The bill authorizes a designated person to be identified at the time the employee requests the leave and allows employers to limit an employee to 1 designated person per 12-month period. This expansion goes into effect January 1, 2023.
California also enacted CA A 1949 in September. This bill created an unpaid bereavement leave for eligible employees. Eligible employees would be entitled to 5 days of job-protected bereavement leave upon the death of a “family member.” The bill requires that leave be completed within 3 months of the date of death. Under the bill, in the absence of an existing policy, the bereavement leave is unpaid; however, the bill authorizes an employee to use certain other leave balances (such as vacation, paid sick leave, personal leave, or other compensatory time off) otherwise available to the employee. This leave becomes available on January 1, 2023.
Colorado’s Family and Medical Leave Insurance (FAMLI) program has a few requirements employers should note. First, the program will begin receiving premium remittances from covered employers and employees starting January 1, 2023. Benefits will become available to workers starting in January 2024. Furthermore, the FAMLI statute requires that employers post a notice to inform workers about the FAMLI program. The 2023 Required Program Notice must be posted in a prominent location in workplaces no later than January 1, 2023. The Required Program Notice, Paycheck Stuffer, and the 2023 Handbook can be found in the FAMLI Employer Toolkit. Additionally, all employers, regardless of size, will be required to register with the FAMLI Division before the first premium payment is due at the end of the first quarter of 2023. For additional information and resources regarding Colorado’s FAMLI program, you can visit the program’s website.
In January 2022, Illinois enacted IL S 3120. This bill modifies the Illinois Child Bereavement Leave statute, changing it to the “Family Bereavement Leave Act.” It expands the law by adding the definition of a “covered family member” and allowing the 2 weeks (10 working days) of unpaid bereavement leave to:
(1) attend the funeral or alternative to a funeral of a covered family member;
(2) make arrangements necessitated by the death of the covered family member;
(3) grieve the death of the covered family member; or
(4) be absent from work due to:
(i) a miscarriage;
(ii) an unsuccessful round of specified assisted reproductive procedures;
(iii) a failed adoption match or an adoption that is not finalized because it is contested by another party;
(iv) a failed surrogacy agreement;
(v) a diagnosis that negatively impacts pregnancy or fertility; or
(vi) a stillbirth.
The Act also specifies what type of certifying documentation would support leave as described in paragraph (4) above. These changes to the current law go into effect January 1, 2023.
Beginning January 1, 2023, New Hampshire’s Paid Family and Medical Leave Insurance program goes “live.” All employers in New Hampshire will be able to participate in the New Hampshire Paid Family and Medical Leave plan, the voluntary insurance plan that provides New Hampshire workers with wage replacement coverage for specific leaves of absence. The program will be implemented and administered by MetLife, the Request for Proposals (RFP) bid winner. Additional information about the program can be found in our previous blog or at the program’s website.
Last year, in November 2021, New York enacted NY S 2928. This bill expanded the New York Paid Family Leave law to include sibling as a covered relationship for family care purposes. “Sibling” is defined to include a biological or adopted sibling, a half-sibling, or stepsibling. The new relationship becomes available to eligible employees on January 1, 2023.
Oregon’s paid leave program, Paid Leave Oregon, is also slated for 2023. Specifically, starting January 1, 2023, employees and employers will begin remitting contributions into the new program. Employees can start applying for benefits on September 3, 2023. Additionally, employers can submit equivalent plan applications to the Paid Leave Oregon program online. More information about Oregon’s program can be found in our previous blogs, here and here.
Mid-2021, Rhode Island enacted RI S 688. This bill amended Rhode Island’s paid leave benefit program, called Temporary Caregiver Insurance (TCI). The bill increased TCI benefits to 6 weeks in a benefit year, beginning January 1, 2023. You can find more information about the TCI program at the program’s website.
What ReedGroup Is Doing
ReedGroup continuously tracks and analyzes current and pending leave and accommodation legislation to determine potential impacts to our customers. If you’re looking for assistance managing leave of absence or accommodations or to ensure compliance across your organization, ReedGroup has solutions for you. Review 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.