2023 Family and Sick Leave Policies

With the arrival of the new year comes the effective date of many new vacation laws (and expansions of existing vacation laws) across the United States. Below is a summary of family and sick leave laws coming into effect in various states in 2023.

California

Employers in California will see two major changes to the leave law in 2023 (both of which we blogged here): Family, Medical and Sick Leave for “Family” Expanded definition, and new bereavement leave protection. For the first time in 2023, eligible California employees will be eligible for family or medical leave under the California Family Rights Act (“CFRA”) and sick leave under the Healthy Workplace, Healthy Family Act (“HWHFA”). You can take time off to care for a “designated person”. ” is defined as “an individual whose blood relationship or relationship to the employee amounts to a familial relationship” and is identifiable by the employee at the time the employee applies for leave. Second, California employers must provide eligible employees with up to five days of unpaid bereavement leave (adopted CFRA definition but it is unknown at this time if it will be done). Any time within three months after the death of a family member.

Colorado

In Colorado, beginning January 1, 2023, eligible employers will be able to contribute through a payroll tax of 0.9% to the Family Medical Leave Insurance Fund created by the Family and Medical Leave Insurance Act (“FAMLI Act”). should start. The payroll tax will remain at 0.9% from 2023 to his 2024, split evenly between employers and employees. The FAMLI Act applies to most Colorado employers and covers Colorado employees (including remote her workers working for a Colorado employer) who earned at least $2,500 during the relevant reference period. will do. Beginning in 2024, eligible Colorado employees may stay for up to 12 weeks (or in the case of health conditions related to complications of pregnancy or childbirth) for certain eligible reasons, including serious health conditions of employees or family members. You can apply for partial paid leave for up to 16 weeks. Caring for a newborn or newly placed child to address needs arising from family active military service and/or because the employee or their family members are victims of domestic violence, stalking, sexual assault or abuse. increase. Employers in Colorado should be ready for 2023 by registering with the FAMLI department and creating a plan to collect and remit the required premiums due after the first quarter of 2023 ends. you need to make sure that

Oregon

Beginning January 1, 2023, employers with 25 or more employees in Oregon will have the new Oregon Paid Family and Medical Program, which provides eligible employees with paid leave for certain family and medical reasons. You must start contributing to the Vacation Insurance (“PFMLI”) program. The employer will pay her 40% of the premium and the employee will pay his 60% which is her 1% of the employee’s wages in 2023. share. Employers may choose to participate in the program through the Oregon Department of Employment Plan or a state-approved equivalent plan. Beginning September 3, 2023, an eligible employee may apply for PFMLI benefits for her up to 12 weeks (14 weeks if pregnant) for her to: (ii) recovery from a serious medical condition; (ii) if an employee or family member is subject to domestic violence, sexual assault or harassment;

maine

Maine amended its Paid Leave Act effective January 1, 2023 to provide all private employers with 11 or more employees with unpaid leave benefits if an employee leaves the company for any reason. Obliged to pay everything. Failure to comply with this requirement may result in payment of outstanding amounts, penalty payments of up to twice his overdue amount, and attorneys’ fees and costs.

New York

As previously reported, beginning January 1, 2023, eligible employees in New York will be required to provide , you can apply for New York Paid Family Leave Act benefits. The maximum annual employee contribution for 2023 is $399.43, which is $24.28 less than in 2022, and the maximum weekly employee benefit increases to $1,131.08.

Michigan

Michigan plans to implement the Michigan Sick Leave Act (“ESTA”) effective February 20, 2023, expanding the scope and amount of paid sick leave available to employees. The Michigan legislature originally approved her ESTA in September 2018. This required employees to take one hour of sick leave for every 30 hours worked, with no cap or carryover as follows: Employers with 10 or more employees , allow up to 72 hours of paid sick leave per year, while employers with fewer than 10 employees should allow up to 40 hours of paid sick leave and up to 32 hours of unpaid sick leave per year. had. However, subsequent amendments to ESTA significantly reduced the original requirements of the law and adopted the Paid Medical Leave Act (“PMLA”), which took effect in March 2019. Several groups have successfully filed lawsuits challenging the constitutionality of the amendments. On July 19, 2022, the Michigan Court of Claims reinstated the originally approved 2018 ESTA. Michigan appealed and asked to suspend the court’s decision pending appeal. Although the court denied the stay request, he postponed the enactment of ESTA until February 20, 2023, giving employers time to make the necessary changes to comply. The parties to the lawsuit have requested the Court of Appeal to issue a decision by February 1, 2023.

Future prospects

Some states don’t have to act yet, but there are important changes on the horizon that employers should be aware of. In 2025, paid family and medical leave laws will come into effect in Delaware and Maryland. Both states require covered employers to begin contributing to relevant state funds before vacation benefits are available to employees. Delaware employers must make arrangements for payroll contributions to the fund by January 1, 2024, while Maryland employers with 15 or more employees must make arrangements by October 1, 2023. You must begin contributing to the fund at the rate set by the state on the date. Vermont, on the other hand, Any Paid family and medical leave programs. Benefits under the Vermont program will begin for state employees on July 1, 2023 and expand to private employers and employees on July 1, 2024. Unlike the programs above, the Vermont program does not require employers to contribute through payroll taxes. Instead, participating private employers pay weekly premiums based on the program they choose. Vermont’s program follows a similar voluntary program in neighboring New Hampshire enacted in 2021.

Employers should ensure their policies comply with the 2023 requirements before 2022 ends.