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Since January, all but a handful of state legislatures have reconvened for the 2022 legislative session. With the start of these new sessions, the legislative flood gates have been opened, including a deluge of bills that would create new paid family and medical leave state programs, insurance benefits, or employer-sponsored paid leave. Although many of these bills likely won’t make it across the finish line to enactment, it is important to note the trend throughout the states, particularly as the federal paid family leave program seems to have stalled out, for now.

States That Already Have PFML and What’s Proposed

As a reminder, ten states and the District of Columbia currently have PFML programs up and running or are scheduled to roll-out their PFML programs within the next couple of years: California, Colorado, Connecticut, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Rhode Island, and Washington.

Of the remaining 40 states, many are hopeful to join the PFML club after this 2022 legislative session. Below are some of the many proposed bills and brief summaries to help understand PFML trends across the country.

Arizona  

  • AZ H 2767 & AZ S 1644
    • These bills would create the Arizona Family and Medical Leave program, providing employees job-protected family and medical leave insurance benefits.
    • The program would provide 26 weeks of paid leave for an individual’s own serious health condition, and 24 weeks for bonding, care of a family member, or military exigency in an application year.
    • Contributions would begin 1/1/2024.
    • Benefits would begin 1/1/2025.
  • AZ H 2499
    • This bill would require covered employers to provide up to 12 weeks of job-protected paid family leave to employees with 12 months of service for any of the federal FMLA-covered qualifying leave reasons.

Delaware

  • DE S 1
    • This bill would enact the Healthy Delaware Families Act and create a PFML insurance program, providing up to 12 weeks of job-protected paid leave through the state’s paid leave trust fund for: employee’s own serious health condition; care for a family member with a serious health condition; bonding; safe leave; and military exigency leave.
    • Combined leave for parental, medical, and family leave capped at 16 weeks total in 12-month period.

Florida

  • FL H 627 & FL S 688
    • These bills would create the Florida Family and Medical Leave Act which would create a family and medical leave insurance benefits program, requiring employers to allow employees to take paid family leave to bond with minor child upon birth, adoption, or foster care placement.
    • Leave entitlements would begin 7/1/2022.
    • Contributions would begin 1/1/2023.
  • FL H 629 & FL S 656
    • These bills would create the Family and Medical Leave Insurance Benefits Fund under the Department of Financial Services (DFS), requiring the DFS to collect contributions for the fund, used for the purpose of administering the family and medical leave insurance benefits program, sunsetting no later than July 1, 2026.

Hawaii

  • HI H 1506 & HI S 2312
    • These bills would require the Department of Labor and Industrial Relations to establish and administer a family leave insurance program.
    • This bill also extends the period of family leave from 4 to 16 weeks for businesses that employ one or more employees who meet the hourly qualifications.
  • HI H 2407 & HI S 3316
    • These bills would provide employees with up to 8 weeks of paid family leave during the first year after birth, adoption, or placement of a child, and 8 weeks of paid family leave to care for the individual’s family member with a serious health condition during any benefit year, paid through an employer-based private insurance program currently used to provide for temporary disability benefits.

Idaho

  • ID H 447
    • This bill would implement the Idaho Paid Family Leave Act, under which employees taking leave to care for family members would be compensated up to 2/3 of their regular pay.

Illinois

  • IL H 5594
    • This bill would create the Illinois Family Leave Insurance Act, requiring the Department of Employment Security to establish and administer a family leave insurance program.
    • The bill would provide family leave insurance benefits to eligible employees who take unpaid family leave of up to 12 weeks during any 24-month period to care for a newborn child, a newly adopted or placed foster child, or a family member with a serious health condition.

Indiana

  • IN H 1162
    • This bill would require the Department of Workforce Development to establish a paid family and medical leave program, which would provide 12 weeks of benefit payments for employees who take family and medical leave in an application year.
    • It also would establish the family and medical leave fund to be funded with appropriations from the general assembly and payroll contributions.

Kentucky

  • KY H 427
    • This bill would require employers with 50 or more employees to provide 12 weeks of paid parental leave for an employee who has been employed for at least one year.
  • KY H 468
    • This bill would provide an employee of the Commonwealth of Kentucky with 12 weeks of paid leave for the birth or adoption of a child.

Maryland

  • MD H 496
    • This bill would establish the Family and Medical Leave Insurance Program in the Maryland Department of Labor to provide 12 weeks of paid leave benefits to individuals who take leave from employment for certain purposes and establish the Family and Medical Leave Insurance Fund for such benefits.
    • Leave entitlements would begin 7/1/2024.
  • MD H 8 & MD S 275
    • These bills would establish the Family and Medical Leave Insurance Program in the State Department of Labor to provide 12 weeks of paid leave benefits to individuals who take leave for certain purposes.
    • Benefits would begin 7/1/2024.
    • These bills also would establish the Family and Medical Leave Insurance Fund as a special, non-lapsing fund, requiring employees, employers, and self-employed individuals to contribute to the fund.

Michigan

  • MI H 5492
    • This legislation would require certain employers to provide eligible employees with paid medical leave for personal or family health needs, as well as purposes related to domestic violence, stalking, and sexual assault, and would specify the conditions for accruing and using paid medical leave.

Minnesota

  • MN H 3007
    • This bill would create a Family and Medical Benefit Insurance Program, providing 12 weeks of benefits in a single benefit year for an individual’s own serious health condition, pregnancy, bonding, safety leave, or family care.
    • Benefits applications and premium collection would begin 1/1/2023.

Mississippi

  • MS S 2585
    • This bill would establish the State Paid Family Leave Act, to be administered by the State Department of Employment Security, with similar provisions as found in the federal FMLA.
    • Since its introduction in January, this bill has failed in session.

Missouri

  • MO H 2822, MO H 2222 & MO S 729
    • These bills would create the Missouri Earned Family and Medical Leave Act, providing up to 6 weeks of wage replacement benefits per year to employees who take time off work for family or medical leave, including bonding, care of a family member, qualifying exigency, and leave due to the employee’s own serious health condition.
    • Benefits would begin 1/1/2025.
    • Contributions would begin 1/1/2023.

New Mexico

  • NM HM 3 & NM SM 1
    • These bills would convene a task force to develop recommendations for the enactment and implementation of a paid family and medical leave act, including the establishment and administration of a paid family and medical leave trust fund administered by the state, and report to the governor and legislature on its findings by 10/1/2022.

Oklahoma

  • OK H 4397
    • This bill would provide paid leave following a pregnancy loss, an unsuccessful assisted reproductive technology procedure, a failed adoption arrangement, a failed surrogacy arrangement, or a diagnosis or event that impacts pregnancy or fertility.

West Virginia

  • WV H 3123
    • This bill would amend the Parental Leave Act, providing paid and unpaid family leave for employees to leave work to care for a family member under certain conditions.
    • An employee would be entitled to 4 weeks of paid family leave and a total of 12 weeks of unpaid family leave, during any 12-month period.
  • WV H 4434 & WV S 491
    • This bill would establish the Family and Medical Leave Insurance Benefits Act, providing for 12 weeks of family and medical leave insurance benefits in a 12-month period.
    • Benefits would begin 1/1/2023.
  • WV H 4637, WV H 4776 & WV S 421
    • These bills would create a job-protected paid parental leave pilot program entitling employees to 12 weeks of paid leave during any 12-month period to care for and bond with their child.
    • Leave entitlements would begin 7/1/2022.
  • WV S 101
    • This bill would require state government employers to provide 12 weeks of paid family leave in a 12-month period.

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. We also watch proposed legislation (including the bills above) to be able to spot trends in absence-related legislation. 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.