Paid Family Leave in 2022

June 21, 2022|

More states are passing laws to make paid family and medical leave (PFML) laws available to help employees retain a portion of their income while away from work due to a health condition or to care for an ill family member. 

Most recently on May 10, 2022, Governor Carney signed the Senate Substitute 2 for Senate Bill 1 into law, enacting a statewide paid family and medical leave insurance program for Delaware that will go into effect on January 1, 2025. This marks Delaware as the 11th state to offer paid family and medical leave (PFML) to employees.

Prior to Delaware, the Maryland General Assembly passed the Time to Care Act of 2022 on April 9, 2022. The paid family leave statute will cover all businesses employing at least one person in the state. Employees on leave will receive a weekly maximum of $1,000 for up to 12 weeks of leave. The payroll tax will go into effect on October 1, 2023, funded by employees, employers, and self-employed individuals, and paid leave will be available starting January 1, 2025. 

What Additional States Offer PFML?

Currently, ten states – California, Colorado, Connecticut, Massachusetts, Maryland, New Jersey, New York, Rhode Island, Oregon, and Washington – and the District of Columbia offer PFML. 

Each state program differs in terms of eligibility, amount of family medical leave provisions, and employer coverage. In general, the programs offer wage replacement benefits for a particular number of weeks (dependent upon the reason for leave). The state programs are funded through employee-paid payroll taxes via deductions based upon wages (except for a few programs partially funded by employer-paid payroll taxes.). State agencies responsible for administering the programs are paid these contributions as premiums. 

State Employer Coverage/Eligibility Family Medical Leave Provisions 

California Private employers employing 50 or more employees as well as all public sector employers contributing to the State Disability Insurance program through mandatory payroll deductions during the previous 18 months. Employees receive 60-70 percent of wages for up to eight weeks within any 12 months for care, bonding, or military assist claims. 
Colorado 

(Employers and employees will begin paying into the program on January 1, 2023, and benefits will be available to workers beginning January 1, 2024)

Employers with at least 50 employees for at least 20 weeks in the current or previous year 12 weeks (if the employee has medical complications, then an additional four weeks can be added) 
Connecticut All employers with one or more employees 12 weeks in 12 months (If the employee is pregnant or in recovery from childbirth, an additional two weeks will be added)
Delaware 

(Benefits available January 1, 2025). 

Employers with 10 or more employees working in Delaware (employers with 10 to 24 employees in Delaware are subject to parental leave requirements only; employers with 25 or more employees in Delaware are subject to the parental, family caregiving, and medical leave requirements)  12 weeks addressing a serious health condition, caring for a family member with a health condition, caring for a new child, or military deployment. 
Maryland 

(Benefits available January 1, 2025) 

Private and public sector employees  Up to 12 weeks per year (or up to 24 weeks for specific circumstances such as the individual qualifies for parental leave and medical leave due to their serious health condition in the same application year.)
Massachusetts  All employers, regardless of size, are required to participate Up to 26 weeks annually 
New Jersey  Employers who have 30 or more employees Up to 12 weeks (consecutive) or eight weeks (non-consecutive) in 12 months. 
New York Employers with 50 or more employees. Up to 12 weeks of leave 
Oregon 

(Benefits will be available September 2023.)

Employers with at least one employee working in Oregon.  Up to 12 weeks (an additional two weeks for reasons regarding pregnancy, childbirth, or other qualifying reasons) 
Rhode Island  Any employer that is subject to Rhode Island’s unemployment insurance law. Four weeks of paid leave for circumstances relating to a new birth, adoption or fostering of a new child, or care of a family member with a serious health condition; and up to 30 weeks of paid leave for a worker’s disability. 
Washington  Employer’s premium is mandatory for businesses with 50+ employees. Up to 12 weeks; (16 weeks for employees with more than one qualifying circumstance; 18 weeks for employees who experience a pregnancy or health condition that incapacitates them)
District of Columbia All businesses providing services in the District of Columbia (that also pay Unemployment Insurance taxes for their employees) are required to participate.  2 weeks to care for your pregnancy, 8 weeks to bond with a new child, 6 weeks to care for a family member with a health condition, 6 weeks to care for an individual health condition

Are There Any Other States Considering PFML? 

For certain states (at least 18), the opportunity to offer PFML in the next few years is a continuing trend that is gaining traction. These states include Arizona, Georgia, Illinois, Indiana, Iowa, Maine, Maryland, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Pennsylvania, South Carolina, Tennessee, Vermont, and Virginia. Four additional states, including Colorado, Connecticut, New Hampshire, and Oregon have enacted programs that are not yet in effect. 

Resources

State Family and Medical Leave Laws

Paid Family and Medical Leave (PFML) by State

California Paid Family Leave

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