Paid / Sick Time Leave

Earned Sick and Safe Time (ESST) Laws Continuing Trend 

These state laws and local ordinances are intended to ensure that employees are provided with paid leave for reasons related to their own or a family member's illness, treatment, or preventative care, in addition to absences related to personal safety. To date, more than a dozen states have mandatory paid leave laws.

 

State / Jurisdiction:

 

Canada

Prince Edward Island's New Paid Sick Leave Program 

Prince Edward Island’s Bill 106, An Act to Amend the Employment Standards Act, will be effective on October 1, 2024. Bill 106 establishes a new paid sick leave program in Prince Edward Island that allows employees to earn up to three days of paid sick leave. Refer to this Littler article for more details. 

 

California

California's New Leave Rights for Reproductive Loss 

As of January 1, 2024, employers in California need to provide paid leave in the event of a reproductive loss, while also protecting employees from termination, discrimination, or retaliation as a result. These protections are provided under a new, separate provision (SB 848) under California's Fair Employment and Housing Act. Employers should review their current leave law policy to make sure this is included, as well as educating managers and documenting this request process. 

 

California Clarifies Paid Sick Leave for Part-Time Workers 

California's DLSE (Division of Labor Standards Enforcement) has updated its FAQ document to clarify paid sick leave discrepancy for part-time employees. Ultimately, the January law presumes full-time employment, and employers using a 30:1 ratio for a part-time employee are in compliance with California’s new PSL law. See the Fisher Phillips article for more information or refer to this article by CDF Labor Law. 

 

Connecticut

Connecticut Paid Sick Leave Law Updates 

Now awaiting Governor Ned Lamont's signature, the Connecticut legislature approved a major revision to expand coverage of its statute mandating paid sick leave over the next few years. 

The current threshold of Connecticut’s paid sick leave law (HB 5005) applies to employers with at least 50 employees. Under the new law, that definition of covered employers will be adjusted according to this schedule: 

  • As of Jan. 1, 2025 – Employers with 25 or more employees in the state 
  • As of Jan. 1, 2026 – Employers with 11 or more employees in the state 
  • As of Jan. 1, 2027 – Employers with one or more employees in the state 

 

Also beginning on January 1, 2025, the “service worker” concept will be removed from the law entirely, and employers will be required to provide paid sick leave to all employees (with limited exceptions for seasonal employees and certain unionized employees). More information is available in this article by Jackson Lewis. 

 

Illinois

Better Late than Never: Final Rules for IL Leave Law 

Final regulations were published on April 30, 2024, by the Illinois Department of Labor to clarify the Paid Leave for All Workers Act. These final rules define what is required under pre-existing policies that may be exempt from the Act. Other areas covered in the regulations include carryover leave, frontloading paid leave, denial of paid leave requests, and rate of pay calculations. Employers should review their vacation policies, notices, and recordkeeping to ensure compliance with these regulations and can refer to the state's FAQ document. 

Chicago Leave Law Updates are Effective July 2024 

Chicago employers were granted a bit of a reprieve and now have until July 1, 2024 to allow their covered employees to accrue and use paid sick leave. The amended ordinance requires employers to provide paid sick leave and a new, separate bank of leave that employees can use for any reason at all. Details on the leave are located on Chicago's city website. There are notice requirements, but these may be posted electronically; review the city's FAQ document for details. Notably, Chicago also made updates to its minimum wage and wage theft rules in the past year.

 

Maryland

Maryland Paid Leave Contributions Begin 10/1 

The Time to Care Act of 2022 established a paid family and medical leave program for Maryland employees. This provides eligible employees up to 12 weeks of paid leave through Family and Medical Leave Insurance (“FAMLI”). FAMLI will be funded by both employer and employee payroll contributions. Required contributions are currently scheduled to begin on October 1, 2024, although funds will not be accessible to employees until January 1, 2026. Maryland employers should start planning for the program's implementation and give advance notice of these upcoming payroll deductions. For more details, refer to this JD Supra article

 

Massachusetts

Mass. Updates Paid Family and Medical Leave (PFML) Law  

Similar to other states, the Massachusetts legislation recently made changes to allow employees to use both PFML and their accrued leave balances to help fully replace the income they would have otherwise received when they were not on leave. This means that employees have the option to either use accrued paid leave to "top off" or save that paid time off for a later time. Employers' contribution rate for PFML and employees' maximum weekly benefit also increased for 2024. More details found on the Commonwealth's website and in this article

 

Minnesota

Minnesota Legislature is in Session: Pending Employment-related Bills 

Here are some important bills introduced by the legislature for us to monitor:  

  • Earned sick and safe time (ESST) leave requirements: HF 4462 and HF 3882 / SF 3787 
  • Updates to broaden impact of Minnesota Human Rights Act (MHRA): HF 4021 / SF 4292 
  • Salary ranges to be required in job postings: HF 3587 / SF 3725 
  • Restrictive employment covenants for service providers -  prohibiting staffing agencies from preventing employees from working directly for customers: HF 3456 / SF 3721 
  • Unemployment benefits for workers on strike during a labor dispute 

More details can be found in this Ogletree Deakins article

Minnesota ESST Law Effective as of the New Year 

While the state of Minnesota's ESST law went into effect on January 1, 2024, several cities in Minnesota already have similar laws on the books. Recently, the city of St. Paul issued new guidance on interpreting its existing ordinance, which now aligns more closely with the state law. The state law also expands protections for pregnancy and lactation accommodations. More information can be found on the MN Department of Labor and Industry website

 

New York

New York to Mandate Paid Prenatal Leave and Sunset COVID-19 Paid Sick Leave 

Becoming the first state to mandate paid prenatal leave, the state legislature passed an amendment to New York Labor Law § 196-b that will require employers to provide up to 20 hours of paid leave in a 52-week period for pregnant employees to attend prenatal medical appointments and procedures. This is the first law in the United States to provide paid, protected prenatal leave for pregnant employees in addition to existing paid leave entitlements. This amendment takes effect January 1, 2025. The New York budget for fiscal 2025 also stipulated an end date of July 31, 2025 to the COVID-19 Paid Sick Leave Law. For more details, refer to this article by Littler Mendelson. 

 

New York City – Added Exposure Under Leave Law 

As of March 20, 2024, employees in New York City now have a private right of action to directly sue their employers for claims of violations of their rights under the NYC Earned Safe and Sick Time Act (“ESSTA”). This amendment creates increased risk for employers, who should consider reviewing their leave policies to ensure compliance with the detailed New York and NYC requirements. For more details, visit NYC's website and this National Law Review article.  

 

Oregon

Oregon's Upcoming Changes to Leave Laws 

The Oregon Bureau of Labor and Industries (BOLI) amended the Oregon Family Leave Act (OFLA) and sick time rules on March 1, 2024. In addition to these rule changes, the legislative changes to OFLA are expected to go into effect on July 1, 2024, so it is advisable for employers to review and revise their family and sick leave policies and procedures accordingly. Refer to this Barran Liebman LLP article for more information. 

 

 

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