Paid / Sick Time Leave

Updated September 04, 2024 14:03

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.

Connecticut Leave Updates

Delaware, Maine, and Minnesota Leave Updates

Canada

Ontario Proposes Amendments to Employment Laws

The newly introduced Bill 190, the Working for Workers Five Act, proposes amendments to existing employment-related statutes as noted below.

Ontario Employment Standards Act (ESA) - requires notice in job postings about vacancy of position; required responses to applicants who interviewed for the job; prohibits the requirement of sick notes from health practitioners to trigger ESA sick leave; increased fines for noncompliance
Ontario Occupational Health and Safety Act (OSHA) - expands definitions of harassment to apply to the virtual workplace; allows electronically posted information by employers; allows for remote committee meetings; expands application to telework arrangements; excludes private residences as "industrial establishments"

This law would also provide new opportunities for skilled trade workers by expanding apprenticeship opportunities for high school students and the creation of an online job-matching portal. The employment process for internationally trained workers would be more accessible with a simplified registration process that concentrates on outcomes within the foreign credential system. Avionté will continue to monitor this legislation for updates.

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.

Delaware

Delaware Paid Family Medical Leave Enrollment

Beginning September 1, 2024, employers can register for Delaware's Paid Leave program, and December 1, 2024, is the deadline for employers to apply for an approved private insurance plan if they do not enroll in the state plan. Employers will begin deducting employee contributions on January 1, 2025, and contributions are based on an employee's earnings. Rates are guaranteed at 0.8% of weekly wages through 2026. Employers can require employees to contribute up to half the cost through payroll deductions, and employers' quarterly contributions will be collected 30 days after each quarter ends. Initial benefit claims will be accepted on January 1, 2026. For more information about the program, review this FAQ document on the state website and details for employers are available in this FAQ document. Please refer to this KB article for details on how this will be available to be configured in Avionté following an upcoming release.

Illinois

Chicago Finalizes Rules for Paid Leave and Paid Sick Leave

The final rules were published by the Chicago Department of Business Affairs and Consumer Protection earlier this month. Both the ordinance and interpretive rules are effective July 1, 2024. The rules allow a more flexible definition of the accrual year as a 12-month consecutive period, and the rules address the carryover of unused leave, in addition to the use of leave and pre-approval requirements. Employees accrue one hour of paid leave and paid sick leave for every 40 hours worked. The final rules confirm that employers must carryover unused leave even if the hours were frontloaded. Refer to this article by Littler for more information.

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.

Maine

Maine Updates its Paid Family Leave

Effective July 16, 2024, Maine will redefine what constitutes a benefit year and the provisions of intermittent leave under the state's Paid Family Medical Leave and Insurance Act. The new definition of "benefit year" means the 12-month period beginning on the first day of the calendar week immediately preceding the first date of approved family or medical leave rather than the initial date when the family leave benefits or medical leave benefits begin. The amendment also requires employers to provide intermittent leave to employees in increments equaling not less than one day, or on a reduced leave schedule otherwise agreed to in increments of one hour or more. The intermittent leave revision also prohibits employers from reducing the total amount of leave to which employees are entitled.

Maryland

Maryland Further Delays Paid FMLI Program

Legislators have postponed the implementation of its Paid Family and Medical Leave Insurance program from October 1, 2024 until July 1, 2025, when employers will be required to begin making contributions to the program. Benefits for workers will begin July 1, 2026. Maryland employers should update their policies and procedures to prepare to comply with the new requirements under SB0485/ HB0571.

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.

Michigan

Michigan Restores Minimum Wage and Sick Leave Laws

The Michigan Supreme Court reinstated changes to the state minimum wage and paid sick leave laws on July 31, 2024. A new wage schedule will take effect in February 2025 with a minimum wage of $12 per hour and gradual scheduled increases that will also eventually eliminate the current lower minimum wage for tipped workers. The sick leave provisions will require many businesses to provide paid time off for workers, allowing them to accrue up to 72 hours annually.

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 Leave Law Updates for July 2024

Oregon Governor Tina Kotek recently signed new legislation that will simplify the state's leave laws. Amendments to both the Paid Leave Oregon (PLO) program and the Oregon Family Leave Act (OFLA) will be effective July 1, 2024. The intention of these updates is to minimize the overlap between the types of qualifying leave for OFLA and PLO by clarifying the coverage. Under the revised law, both types of leave may not be used concurrently where they overlap.

As of July 1, OFLA will only cover :

Sick child leave, both for minor illness and a serious health condition or due to childcare/school closures in a public health emergency
Bereavement leave (maximum of 4 weeks within a 1-year period)
Pregnancy disability leave
Leave for foster child placement or adoption (only until PLO covers it in 2025)

PLO revisions effective July 1:

Eligible employees may take the full amount of entitled leave under OFLA and PLO in a benefit year
Employees must be allowed to use accrued paid-time-off (PTO) benefits to supplement or "top off" their paid leave
Employers can decide whether employees can exceed their full wages by using PTO in addition to paid leave, or they can cap this so it doesn't 100 percent of wages

Additional guidance is anticipated from the Bureau of Oregon Labor and Industry (BOLI) as the effective date approaches, so please refer to the BOLI website for updated information.

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.

Rhode Island

Increased Leave for Caretakers Under Rhode Island Law

Employees in Rhode Island are currently allowed up to six weeks of protected leave and partial wage replacement under the state's Temporary Caregiver Insurance (TCI) Law. Under House Bill 7171 that will be effective January 1, 2025, employees will be allowed an additional week of leave to bond with a newborn / newly adopted child or to care for a seriously ill family member. That amount of leave will increase from seven weeks in 2025 to eight weeks in 2026. For more details, please refer to this article published in The National Law Review.

Vermont

Vermont Family and Medical Leave

Phase II of Vermont's Family and Medical Leave Insurance (FMLI) benefits began on July 1, 2024, under this new program that went into effect on February 15, 2024. Contributions can be fully paid by the employer, split between the employer and employee, or fully paid for by the employees. With all three of these options, premiums are remitted to The Hartford insurance company by the employer, and the employee portion is collected through payroll deduction. The final phase of Vermont FMLI benefits will be available to purchase in 2025 with benefits beginning July 1, 2025. Details about the program are available on the Vermont government website and details for employers are available in this FAQ document. Please refer to this KB article for details on how this will be available to be configured in Avionté following an upcoming release.

Washington

Washington Pilots Paid Leave for Transportation Drivers

The state of Washington has implemented a pilot program for Transportation Network Company (TNC) drivers under WAC 192-511. The temporary program providing paid family and medical leave coverage is effective starting July 1, 2024 until December 31, 2028

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