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 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. 

 

Illinois

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.

 

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 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 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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