Author: Megan Butz

Megan joined Checkwriters in 2020 and is responsible for reviewing, revising, and implementing internal policies of the company, advising on human resource, employment, and labor matters, and monitoring and publishing state and federal legal updates to the Checkwriters News and Compliance Center for distribution to thousands of clients around the country. Before joining Checkwriters, Megan served as a judicial law clerk for the justices of the Massachusetts Probate and Family Court performing legal research and writing, followed by private practice in Cape Cod.

January 1, 2021

Colorado minimum wage update

Effective January 1, 2021, the state minimum wage is $12.32 per hour, and is applicable to all employees whether employed on an “hourly, piecework, commission, time, task, or other basis”.
Effective January 1, 2021, the state minimum wage for tipped employees is $9.30 per hour. Tipped employees are those engaged in an occupation that regularly receive more than $30.00 per month in tips.
For tipped employees, employers may use a maximum tip credit of $3.02 per hour to meet the state 2021 minimum wage of $12.32 per hour. If a deficit exists between the state minimum wage and the employee’s base wage plus tips, the employer must make up the difference.
For persons in highly technical computer-based occupations, they must receive at least a minimum hourly wage of $28.38 or the equivalent of the weekly minimum salary for exempt, white collar employees which is $778.85 per week effective January 1, 2021.
For more information please visit the Colorado Department of Labor and Employment website.

January 1, 2021

New York minimum wage update

Effective December 31, 2020, the general state minimum wage is $12.50 per hour, save for New York City which remains $15.00 per hour, and Nassau, Suffolk and Westchester Counties which is $14.00 per hour.
Farm workers must receive the minimum wage corresponding to their location above if they were employed on farms where the total cash renumeration paid to all persons employed on the farm exceeded $3,000.00 in the previous year.Farm workers who are members of the employer’s immediate family are not subject to the state minimum wage law.
Farm workers who are members of the employer’s immediate family are not subject to the state minimum wage law.
The minimum wage for fast food workers in New York City is $15.00 per hour. For all other parts of New York state, effective December 31, 2020, the minimum wage for fast food workers is $14.50 per hour. Effective July 1, 2021, the minimum wage for fast food workers will increase to $15.00 per hour.
Employees who are not covered by the minimum wage requirements include, but are not limited to: executives and administrators earning more than 75 times the minimum wage rate, taxicab drivers, government employees, and students obtaining vocational experience.
For more information, please visit the New York Department of Labor website.

January 1, 2021

South Dakota minimum wage update

Effective January 1, 2021, the state minimum wage is $9.45 per hour. The minimum base wage for tipped employees is $4.725 per hour.
For tipped employees (those who engage in an occupation in which the employee customarily receives more than thirty-five $35.00 dollars a month in tips or other considerations), employers must ensure that employees receive no less than the state minimum wage when the minimum base wage and tips actually received by an employee are combined. Employers must keep a record of all tips received by the employees.
Employees exempted from the state’s minimum wage requirements include those employed at seasonal amusement or recreation establishments, babysitters or outside salespersons.
Employers may pay newly hired employees under the age of twenty (20) an opportunity or training wage of $4.25 per hour during the employee’s first ninety (90) days of employment.
For more information, please visit the South Dakota Department of Labor and Regulation website.

January 1, 2021

Vermont minimum wage update

Effective January 1, 2021, the state minimum wage is $11.75 per hour. The basic tipped wage rate for service or tipped employees must equal fifty percent (50%) of the state minimum wage and will be $5.88 per hour effective January 1, 2021.
“Service or tipped employees” are those who work in the hotel, motel, tourist place, or restaurant industry who customarily and regularly receive more than $120.00 per month in tips for direct and personal customer service.
Employers subject to the state minimum wage laws are those with two (2) or more employees, unless they fall under a statutory exemption.
Employees exempt from the state minimum wage requirements include:Full-time high school students;Agricultural workers;Taxicab drivers;Outsides salespersons; andFederal employees, among others.
Full-time high school students;
Agricultural workers;
Taxicab drivers;
Outsides salespersons; and
Federal employees, among others.
For more information please visit the Vermont Department of Labor website.

January 1, 2021

Colorado equal pay for equal work act

Effective January 1, 2021.
Created to address pay disparities experienced by female and minority workers.
Applies to all public and private employers in Colorado regardless of number of employees.
Key provisions for employers include:Prohibits employers from paying an employee of one sex a wage rate less than the rate paid to employees of a different sex performing substantially similar work.Requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings.Employers are required to retain job descriptions and wage rate history records for each employee during his/her employment and for 2 years after the employment ends.Employers are prohibited from relying on an employee’s previous wage rate in setting his/her current rate.Employers may not condition employment for a prospective employee on the disclosure of an employee’s wage history or wage rate.Exceptions which permit pay differences are those arising from the following factors so long as the employer demonstrates that the pay differential is not based on wage rate history, the factors are applied reasonably, and the employer accounts for the entire wage rate differential:A seniority system;A merit system;A system that measures earnings by quantity or quality of production;The geographic location where the work is performed;Education, training, or experience to the extent that they are reasonably related to the work in question; orTravel, if the travel is a regular and necessary condition of the work performed.Fines for violations of the Act by employers range from $500.00 to $10,000.00 per violation.For more information, please see a summary of the Act from the Colorado General Assembly website.On November 10, 2020, the Colorado Department of Labor and Employment: Division of Labor Standards and Statistics issued final Equal Pay Transparency (EPT) Rules implementing the Equal Pay for Equal Work Act. These EPT Rules are effective January 1, 2021, and can be found here.
Prohibits employers from paying an employee of one sex a wage rate less than the rate paid to employees of a different sex performing substantially similar work.
Requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings.
Employers are required to retain job descriptions and wage rate history records for each employee during his/her employment and for 2 years after the employment ends.
Employers are prohibited from relying on an employee’s previous wage rate in setting his/her current rate.
Employers may not condition employment for a prospective employee on the disclosure of an employee’s wage history or wage rate.
Exceptions which permit pay differences are those arising from the following factors so long as the employer demonstrates that the pay differential is not based on wage rate history, the factors are applied reasonably, and the employer accounts for the entire wage rate differential:A seniority system;A merit system;A system that measures earnings by quantity or quality of production;The geographic location where the work is performed;Education, training, or experience to the extent that they are reasonably related to the work in question; orTravel, if the travel is a regular and necessary condition of the work performed.
A seniority system;
A merit system;
A system that measures earnings by quantity or quality of production;
The geographic location where the work is performed;
Education, training, or experience to the extent that they are reasonably related to the work in question; or
Travel, if the travel is a regular and necessary condition of the work performed.
Fines for violations of the Act by employers range from $500.00 to $10,000.00 per violation.
For more information, please see a summary of the Act from the Colorado General Assembly website.
On November 10, 2020, the Colorado Department of Labor and Employment: Division of Labor Standards and Statistics issued final Equal Pay Transparency (EPT) Rules implementing the Equal Pay for Equal Work Act. These EPT Rules are effective January 1, 2021, and can be found here.

January 1, 2021

Connecticut Paid Family and Medical Leave guide

What are state paid family and medical leave laws?

State paid family and medical leave laws provide for paid leave from work for eligible employees based on certain qualifying life events, such as the birth or adoption of a child, to care for oneself or a family member who is experiencing a serious medical condition, or to care for a family member injured while on active duty in the military, among others. Employees receive a weekly benefit which represents a portion of their regular compensation based upon a state created formula.

We’ve compiled a review of Connecticut’s Paid Family Leave to ensure you’re aware of key upcoming dates and the requirements to ensure your compliance.

Connecticut Paid Family Leave

KEY DATES:
*Starting on November 1, 2020, employers can begin registering for the Connecticut Paid Leave Program (CTPL).
*Effective January 1, 2021, employee contributions via payroll deduction commence.
*Starting January 1, 2022, employees whose applications for paid leave have been approved, may begin to receive their weekly benefit amounts.

PLEASE NOTE: All Connecticut employers subject to the CTPL program must register with the CTPL Authority by clicking here >>

Employee eligibility criteria:Employees who need to take leave from employment as a result of certain qualifying life or medical events.Employees must be currently employed by a CT employer, or recently employed by one in the previous 12 weeks.Must have earned at least $2,325.00 in wages in highest quarter of the first 4 of the most recent 5 quarters.
Employees who need to take leave from employment as a result of certain qualifying life or medical events.
Employees must be currently employed by a CT employer, or recently employed by one in the previous 12 weeks.
Must have earned at least $2,325.00 in wages in highest quarter of the first 4 of the most recent 5 quarters.
Weekly Benefit Amount:Weekly benefit amount is calculated on sliding scale up to 95% of an employee’s base weekly earnings depending on income. The maximum weekly benefit amount is 60x the Connecticut state minimum wage, which would be $720.00 ($12.00×60) as of January 1, 2021, increasing to $780.00 ($13.00 x60) as of August 1, 2021.
Weekly benefit amount is calculated on sliding scale up to 95% of an employee’s base weekly earnings depending on income. The maximum weekly benefit amount is 60x the Connecticut state minimum wage, which would be $720.00 ($12.00×60) as of January 1, 2021, increasing to $780.00 ($13.00 x60) as of August 1, 2021.
Employee and/or Employer Contributions to the program:100% employee contributions through payroll deduction of 0.5% of employee wages each paycheck, capped at Social Security’s maximum wage base, which is $137,700.00 for 2020 (and $142,800.00 for 2021).
100% employee contributions through payroll deduction of 0.5% of employee wages each paycheck, capped at Social Security’s maximum wage base, which is $137,700.00 for 2020 (and $142,800.00 for 2021).
Duration of Leave:Up to 12 weeks* of paid leave during any 12- month period.
Up to 12 weeks* of paid leave during any 12- month period.
Qualifying events making employees/participants eligible for leave:Birth or foster/adoption placement of a son or daughter with employee.If an employee experiences a serious health condition during pregnancy or post-birth resulting in incapacity, she may be eligible for an additional two weeks of paid leave*.To care for an employee’s own or a family member’s serious health condition.To serve as an organ or bone marrow donor.To seek services or to address situations of family violence.An employee who is the victim of family violence is entitled to 12 days of paid leave under the CTPL program*.To care for a military family member injured during active duty, or for reasons related to the family member’s call or order to active duty.
Birth or foster/adoption placement of a son or daughter with employee.If an employee experiences a serious health condition during pregnancy or post-birth resulting in incapacity, she may be eligible for an additional two weeks of paid leave*.
If an employee experiences a serious health condition during pregnancy or post-birth resulting in incapacity, she may be eligible for an additional two weeks of paid leave*.
To care for an employee’s own or a family member’s serious health condition.
To serve as an organ or bone marrow donor.
To seek services or to address situations of family violence.An employee who is the victim of family violence is entitled to 12 days of paid leave under the CTPL program*.
An employee who is the victim of family violence is entitled to 12 days of paid leave under the CTPL program*.
To care for a military family member injured during active duty, or for reasons related to the family member’s call or order to active duty.
Other Relevant Information:Participation in the program is mandatory for all employers having at least one employee working in Connecticut, with the exception of certain public employees, union employees, etc.Employers can opt-out and apply for an exemption from participation in the program through a private plan which must be approved by the state and a majority of employees.Employers who will be seeking a private plan exemption must also register with the CTPL Authority, and should begin the registration process now. While the complete application process for private plans is not yet available, employers can indicate their intention to apply for a private plan during the registration process. The CTPL program exemption guide can be found here >>Additional helpful links:
– Recently released CTPL Policy and Procedures Guide to Private Plans for Employers >>
– CTPL Preparing for Business Registration and Applying for an Exemption informational page >>
Participation in the program is mandatory for all employers having at least one employee working in Connecticut, with the exception of certain public employees, union employees, etc.
Employers can opt-out and apply for an exemption from participation in the program through a private plan which must be approved by the state and a majority of employees.Employers who will be seeking a private plan exemption must also register with the CTPL Authority, and should begin the registration process now. While the complete application process for private plans is not yet available, employers can indicate their intention to apply for a private plan during the registration process. The CTPL program exemption guide can be found here >>Additional helpful links:
– Recently released CTPL Policy and Procedures Guide to Private Plans for Employers >>
– CTPL Preparing for Business Registration and Applying for an Exemption informational page >>
Employers who will be seeking a private plan exemption must also register with the CTPL Authority, and should begin the registration process now. While the complete application process for private plans is not yet available, employers can indicate their intention to apply for a private plan during the registration process. The CTPL program exemption guide can be found here >>
Additional helpful links:
– Recently released CTPL Policy and Procedures Guide to Private Plans for Employers >>
– CTPL Preparing for Business Registration and Applying for an Exemption informational page >>
Notice Requirement: Effective July 1, 2022: Employers are required to notify all employees at the time of hiring, and annually thereafter of their entitlement to paid leave under the program, anti-retaliation protections in exercising leave, and their ability to pursue a complaint with the department of labor should an employer violate their obligations under the law.

Please visit Connecticut’s paid leave website for more information and additional resources.

Disclaimer: The information contained herein is not intended to be construed as legal advice, nor should it be relied on as such. Employers should closely monitor the rules and regulations specific to their jurisdiction(s) and should seek advice from counsel relative to their rights and responsibilities.

January 1, 2021

Oregon Paid Family and Medical Leave guide

What are state paid family and medical leave laws?

We’ve compiled a review of Oregon’s Paid Family and Medical Leave to ensure you’re aware of key upcoming dates and the requirements to ensure your compliance.

Oregon Paid Family and Medical Leave

KEY DATES:
*Effective January 1, 2022: employer and employee contributions to Oregon’s Paid Family and Medical Leave Insurance (PFMLI) program will begin.
*Starting January 1, 2023: benefits available to eligible employees under the PFMLI program will become payable.

PLEASE NOTE: The PFMLI program and the rules governing the administration of the program are still being developed. Program rules are anticipated for September 1, 2021. Employers can review the legislation here.

The PFMLI program will be funded by both employer and employee contributions, with employee contributions via payroll deduction equaling 60% of the total required contribution amount set by Oregon’s Employment Department. Employers with 25 or more employees will be required to contribute the remaining 40% of the premium. Employers with less than 25 employees are not required to pay the 40% contribution amount. A small employer who voluntarily contributes the 40% employer obligation is eligible to receive certain assistance grants provided by the state.

Employees must have earned at least $1,000.00 or more in the year prior to the filing of their claim under the program in order to receive benefits.

Under the PFMLI program, employees can take up to 12 weeks in a benefit year to:

Bond with a child during the first year after birth, adoption, or foster placement.
Care for a family member with a serious health condition.
Care for an employee’s own serious health condition.
Take safe leave if the employee is experiencing issues related to domestic violence, harassment, sexual assault, or stalking.

An employee may be entitled to take an additional 4 to 6 weeks of leave, some of which may be paid, in limited circumstances.

Eligible employees will be entitled to a weekly benefit payment based on their average weekly wage, up to a possible maximum of 100% of their average weekly wage.

Employers are required to participate in the PFMLI program unless they have an approved equivalent plan, which cannot exceed what employees would be required to pay under the state program. An employer may, but is not required, to deduct contributions from employees towards the cost of the plan.

Employers should periodically review Oregon’s PFMLI website for further information and updates as they develop.

January 1, 2021

Washington state Paid Family and Medical Leave guide

What are state paid family and medical leave laws?

We’ve compiled a review of the state of Washington’s Paid Family and Medical Leave to ensure you’re aware of key upcoming dates and the requirements to ensure your compliance.

Washington state Paid Family and Medical Leave

Employee Eligibility Criteria:Almost all Washington employers are subject to the plan, with most employees being eligible for benefits. Exceptions include federally recognized tribes, federal employees, self-employed individuals, and some employees subject to collective bargaining agreements.Employees must have worked a minimum of 820 hours during the qualifying period (approximately the last year).
Almost all Washington employers are subject to the plan, with most employees being eligible for benefits. Exceptions include federally recognized tribes, federal employees, self-employed individuals, and some employees subject to collective bargaining agreements.
Employees must have worked a minimum of 820 hours during the qualifying period (approximately the last year).
Weekly Benefit Amount:Employees can receive up to 90% of their weekly pay up to a maximum benefit of $1,000.00 per week.
Employees can receive up to 90% of their weekly pay up to a maximum benefit of $1,000.00 per week.
Employee and/or Employer Contributions to the program:Employer and Employee funded.Total contribution of 0.4% of employee gross wages up to the Social Security wage base which is $137,700.00 for 2020 (and $142,800.00 for 2021).Employees are responsible for approximately 2/3 of the premium payable through payroll deduction, or an employer can elect to pay the employee portion on the employee’s behalf.If an employer has 50 or more employees, then the employer is responsible for approximately 1/3 of the premium.If an employer has fewer than 50 employees, but elects to pay 1/3 of the premium anyway, then the employer can receive additional benefits for his/her business.Duration of Leave:Up to 18 weeks per year, with 12 weeks being the standard allowable duration.Employees may qualify for 16 weeks of paid leave after giving birth or if they have a personal medical event and a family caregiving event in the same year.Employees may qualify for 18 weeks of paid leave if they experience a condition in pregnancy that results in incapacity.Qualifying events making employees/participants eligible for leave:To care for employee’s serious illness or injury.To care for a family member with serious medical need.To bond with a new baby or child.Other relevant Information:Quarterly, employers must report employee hours worked, wages earned, and pay over any premiums owed.Grants will be available to help businesses with fewer than 150 employees cover costs as a result of an employee exercising leave under the program.
Employer and Employee funded.
Total contribution of 0.4% of employee gross wages up to the Social Security wage base which is $137,700.00 for 2020 (and $142,800.00 for 2021).Employees are responsible for approximately 2/3 of the premium payable through payroll deduction, or an employer can elect to pay the employee portion on the employee’s behalf.If an employer has 50 or more employees, then the employer is responsible for approximately 1/3 of the premium.If an employer has fewer than 50 employees, but elects to pay 1/3 of the premium anyway, then the employer can receive additional benefits for his/her business.
Employees are responsible for approximately 2/3 of the premium payable through payroll deduction, or an employer can elect to pay the employee portion on the employee’s behalf.
If an employer has 50 or more employees, then the employer is responsible for approximately 1/3 of the premium.
If an employer has fewer than 50 employees, but elects to pay 1/3 of the premium anyway, then the employer can receive additional benefits for his/her business.
Duration of Leave:Up to 18 weeks per year, with 12 weeks being the standard allowable duration.Employees may qualify for 16 weeks of paid leave after giving birth or if they have a personal medical event and a family caregiving event in the same year.Employees may qualify for 18 weeks of paid leave if they experience a condition in pregnancy that results in incapacity.Qualifying events making employees/participants eligible for leave:To care for employee’s serious illness or injury.To care for a family member with serious medical need.To bond with a new baby or child.Other relevant Information:Quarterly, employers must report employee hours worked, wages earned, and pay over any premiums owed.Grants will be available to help businesses with fewer than 150 employees cover costs as a result of an employee exercising leave under the program.
Up to 18 weeks per year, with 12 weeks being the standard allowable duration.Employees may qualify for 16 weeks of paid leave after giving birth or if they have a personal medical event and a family caregiving event in the same year.Employees may qualify for 18 weeks of paid leave if they experience a condition in pregnancy that results in incapacity.
Employees may qualify for 16 weeks of paid leave after giving birth or if they have a personal medical event and a family caregiving event in the same year.
Employees may qualify for 18 weeks of paid leave if they experience a condition in pregnancy that results in incapacity.
Qualifying events making employees/participants eligible for leave:To care for employee’s serious illness or injury.To care for a family member with serious medical need.To bond with a new baby or child.
To care for employee’s serious illness or injury.
To care for a family member with serious medical need.
To bond with a new baby or child.
Other relevant Information:Quarterly, employers must report employee hours worked, wages earned, and pay over any premiums owed.Grants will be available to help businesses with fewer than 150 employees cover costs as a result of an employee exercising leave under the program.
Quarterly, employers must report employee hours worked, wages earned, and pay over any premiums owed.
Grants will be available to help businesses with fewer than 150 employees cover costs as a result of an employee exercising leave under the program.

Please visit Washington’s Paid Family and Medical Leave website for more information and additional resources.

January 1, 2021

New Jersey Paid Leave guide

What are state paid family and medical leave laws?

We’ve compiled a review of New Jersey’s paid leave to ensure you’re aware of key upcoming dates and the requirements to ensure your compliance.

What employers need to know

KEY DATES:
*Effective January 1, 2020, the employee wage cap increased from $34,400.00 to $134,900.00. The employer wage cap for 2020 is $35,300.00.
*Effective July 1, 2020: (1) Duration of paid family leave will increase from 6 weeks to 12 weeks; and (2) Weekly benefit amounts will increase from 66.67% to 85% of claimant’s average weekly wage, up to maximum weekly benefit of $881.00 per week.

Employee Eligibility Criteria:Employees of all private and governmental employers subject to the NJ Unemployment Compensation Law are covered.New Jersey employees who have worked 20 weeks earning at least $200.00 weekly or a combined total of $10,000.00 in the previous four quarters.Federal government employees, out-of-state employees, and independent contractors are excluded.
Employees of all private and governmental employers subject to the NJ Unemployment Compensation Law are covered.
New Jersey employees who have worked 20 weeks earning at least $200.00 weekly or a combined total of $10,000.00 in the previous four quarters.
Federal government employees, out-of-state employees, and independent contractors are excluded.
Weekly Benefit Amount:Benefit amounts are calculated on an employee’s average weekly wage (determined by dividing base year earnings by the number of base weeks [any week with earnings of $200.00 or more]).Claimant is paid 85% of their average weekly wage up to a current maximum benefit amount of $881.00 per week.
Benefit amounts are calculated on an employee’s average weekly wage (determined by dividing base year earnings by the number of base weeks [any week with earnings of $200.00 or more]).
Claimant is paid 85% of their average weekly wage up to a current maximum benefit amount of $881.00 per week.
Employee and/or Employer Contributions to the program:Temporary Disability Insurance:Employees and employers both contribute to cost of this program; employer contribution rate varies from 0.10%-0.75%. For 2020, the employer wage cap is $35,300.00 for the calendar year.Employees contribute 0.26% of employee wages via payroll deduction up to wage cap, with a maximum annual deduction for 2020 of $350.74.Family Leave Insurance:100% employee funded through payroll deductions.Employees contribute 0.16% of employee wages up to wage cap, with a maximum annual deduction for 2020 of $215.84.Duration of Leave:Up to 26 weeks in a single year.Qualifying events making employees/participants eligible for leave:12 weeks to bond with a newborn, newly adopted or newly placed foster child.12 weeks to care for a family member with a serious health condition.Up to 26 weeks to care for employee’s own non-work-related injury, illness or other disability including pregnancy.Leave provided for under the NJ SAFE Act, as amended in February 2019.Other relevant Information:Leave can be exercised intermittently, but at a reduced rate with a maximum possible intermittent family leave duration of 56 days effective July 1, 2020.Notice Requirement: employers must post leave information in visible place in workplace and provide employees with leave regulations at the time of hire, when the employee notifies the employer that s/he is taking leave, and if an employee requests a copy of the leave regulations.Private Plan Option: Employers may opt-out of participation in the State Plan for temporary disability insurance through a private plan. The Division of Temporary Disability Insurance has to approve all private plans, which must provide at least the same benefits at no additional cost as compared to the cost of the State Plan.If employees are required to contribute to the cost of the private plan, a majority of employees must agree to the plan through a written election.For more information on private plans click here.
Temporary Disability Insurance:Employees and employers both contribute to cost of this program; employer contribution rate varies from 0.10%-0.75%. For 2020, the employer wage cap is $35,300.00 for the calendar year.Employees contribute 0.26% of employee wages via payroll deduction up to wage cap, with a maximum annual deduction for 2020 of $350.74.
Employees and employers both contribute to cost of this program; employer contribution rate varies from 0.10%-0.75%. For 2020, the employer wage cap is $35,300.00 for the calendar year.
Employees contribute 0.26% of employee wages via payroll deduction up to wage cap, with a maximum annual deduction for 2020 of $350.74.
Family Leave Insurance:100% employee funded through payroll deductions.Employees contribute 0.16% of employee wages up to wage cap, with a maximum annual deduction for 2020 of $215.84.
100% employee funded through payroll deductions.
Employees contribute 0.16% of employee wages up to wage cap, with a maximum annual deduction for 2020 of $215.84.
Duration of Leave:Up to 26 weeks in a single year.
Up to 26 weeks in a single year.
Qualifying events making employees/participants eligible for leave:12 weeks to bond with a newborn, newly adopted or newly placed foster child.12 weeks to care for a family member with a serious health condition.Up to 26 weeks to care for employee’s own non-work-related injury, illness or other disability including pregnancy.Leave provided for under the NJ SAFE Act, as amended in February 2019.
12 weeks to bond with a newborn, newly adopted or newly placed foster child.
12 weeks to care for a family member with a serious health condition.
Up to 26 weeks to care for employee’s own non-work-related injury, illness or other disability including pregnancy.
Leave provided for under the NJ SAFE Act, as amended in February 2019.
Other relevant Information:Leave can be exercised intermittently, but at a reduced rate with a maximum possible intermittent family leave duration of 56 days effective July 1, 2020.Notice Requirement: employers must post leave information in visible place in workplace and provide employees with leave regulations at the time of hire, when the employee notifies the employer that s/he is taking leave, and if an employee requests a copy of the leave regulations.Private Plan Option: Employers may opt-out of participation in the State Plan for temporary disability insurance through a private plan. The Division of Temporary Disability Insurance has to approve all private plans, which must provide at least the same benefits at no additional cost as compared to the cost of the State Plan.If employees are required to contribute to the cost of the private plan, a majority of employees must agree to the plan through a written election.For more information on private plans click here.
Leave can be exercised intermittently, but at a reduced rate with a maximum possible intermittent family leave duration of 56 days effective July 1, 2020.
Notice Requirement: employers must post leave information in visible place in workplace and provide employees with leave regulations at the time of hire, when the employee notifies the employer that s/he is taking leave, and if an employee requests a copy of the leave regulations.
Private Plan Option: Employers may opt-out of participation in the State Plan for temporary disability insurance through a private plan. The Division of Temporary Disability Insurance has to approve all private plans, which must provide at least the same benefits at no additional cost as compared to the cost of the State Plan.
If employees are required to contribute to the cost of the private plan, a majority of employees must agree to the plan through a written election.
For more information on private plans click here.

Please visit New Jersey’s website for the Division of Temporary Disability and Family Leave Insurance for more information and additional resources.

January 1, 2021

Rhode Island Paid Leave guide

What are state paid family and medical leave laws?

We’ve compiled a review of Rhode Island’s Paid Leave to ensure you’re aware of key upcoming dates and the requirements to ensure your compliance.

What employers need to know

Employee Eligibility Criteria:Employees must have worked in Rhode Island and paid into the Temporary Disability Insurance Fund.For claims filed after 10/1/20, employees must have earned at least $13,800.00 in base period wages; or $2,300.00 in one of the base period quarters, total base period wages of at least 1.5 times the highest quarter earnings, and total base period earnings of at least $4,600.00.
Employees must have worked in Rhode Island and paid into the Temporary Disability Insurance Fund.
For claims filed after 10/1/20, employees must have earned at least $13,800.00 in base period wages; or $2,300.00 in one of the base period quarters, total base period wages of at least 1.5 times the highest quarter earnings, and total base period earnings of at least $4,600.00.
Weekly Benefit Amount:Benefit rates equal 4.62% of wages paid in highest quarter of the employee’s base period, or approximately 60% of an employee’s average weekly wage. As of 10/1/20: $107.00 minimum benefit per week and $887.00 maximum benefit per week (excluding dependency allowance).
Benefit rates equal 4.62% of wages paid in highest quarter of the employee’s base period, or approximately 60% of an employee’s average weekly wage. As of 10/1/20: $107.00 minimum benefit per week and $887.00 maximum benefit per week (excluding dependency allowance).
Employee and/or Employer Contributions to the program:100% employee funded.Employees contribute 1.3% of the first $72,300.00 in earnings as of January 1, 2020 via payroll withholding. This single contribution funds both the Temporary Disability Insurance Program and the Temporary Caregiver Insurance Program.
100% employee funded.
Employees contribute 1.3% of the first $72,300.00 in earnings as of January 1, 2020 via payroll withholding. This single contribution funds both the Temporary Disability Insurance Program and the Temporary Caregiver Insurance Program.
Duration of Leave:Up to 30 weeks for Temporary Disability Insurance and up to 4 weeks for Temporary Caregiver Insurance.
Up to 30 weeks for Temporary Disability Insurance and up to 4 weeks for Temporary Caregiver Insurance.
Qualifying events making employees/participants eligible for leave:To care for employee’s temporary disability or injury.To care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, or grandparent.To bond with a newborn child, or child newly adopted or placed in foster-care.
To care for employee’s temporary disability or injury.
To care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, or grandparent.
To bond with a newborn child, or child newly adopted or placed in foster-care.
Other relevant Information:Notice Requirement: employers must post notification of TDI and TCI leave.TCI leave is job-protected leave, and upon an employee’s return from leave, an employer must offer the employee their former position or a comparable one, with equivalent seniority, benefits, pay, and other conditions such as fringe benefits, if applicable.
Notice Requirement: employers must post notification of TDI and TCI leave.
TCI leave is job-protected leave, and upon an employee’s return from leave, an employer must offer the employee their former position or a comparable one, with equivalent seniority, benefits, pay, and other conditions such as fringe benefits, if applicable.

Please visit Rhode Island’s paid leave website for more information and additional resources.

January 1, 2021

New York Paid Leave guide

What are state paid family and medical leave laws?

We’ve compiled a review of New York’s paid leave to ensure you’re aware of key upcoming dates and the requirements to ensure your compliance.

What employers need to know

KEY DATES:
*Effective January 1, 2021: (1) the duration of paid leave will increase from 10 weeks to 12 weeks, and (2) the weekly benefit available to employees will increase from 60% of employee’s average weekly wage to 67% of average weekly wage.

Employee Eligibility Criteria:Private employers who employ one or more person in the state on each of 30 days in any calendar year are required to participate.Most employees who work in New York State for private employers are eligible for paid family leave, if they have met the minimum time worked requirements:Full-time employees: 26 weeks of employment working regular schedule of 20 or more hours per week.Part-time employees: 175 days of employment working regular schedule of less than 20 hours per week.In order to be eligible for state short-term disability insurance, an employee needs to be employed for a minimum of 4 consecutive weeks with an employer.
Private employers who employ one or more person in the state on each of 30 days in any calendar year are required to participate.
Most employees who work in New York State for private employers are eligible for paid family leave, if they have met the minimum time worked requirements:Full-time employees: 26 weeks of employment working regular schedule of 20 or more hours per week.Part-time employees: 175 days of employment working regular schedule of less than 20 hours per week.
Full-time employees: 26 weeks of employment working regular schedule of 20 or more hours per week.
Part-time employees: 175 days of employment working regular schedule of less than 20 hours per week.
In order to be eligible for state short-term disability insurance, an employee needs to be employed for a minimum of 4 consecutive weeks with an employer.
Weekly Benefit Amount:Family Leave benefit amounts are calculated on an employee’s average weekly wage.For 2021, eligible employees will be paid 67% of their average weekly wage up to a maximum of $971.61 per week.State Short-Term Disability Insurance:50% of employee’s average weekly wage up to a maximum of $170.00 per week.Employee and/or Employer Contributions to the program:Paid Family Leave: 100% Employee funded through payroll deductions.0.511% of an employee’s gross wages each pay period up to a maximum annual contribution of $385.34.State Short-Term Disability Insurance: cost shared between employer and employee.Employers can collect from employees 0.5% of an employee’s gross wages, but not in excess of $0.60 per week.Employers bear the cost of providing benefits in excess of the contributions collected from employees.Duration of Leave:Up to 26 weeks of combined Short-term Disability and Paid Family Leave benefits in a 52-week period.Qualifying events making employees/participants eligible for leave:To bond with a newly born, adopted, or fostered child.To care for a family member with a serious health condition.To assist loved ones when a spouse, domestic partner, child, or parent is called to active military service abroad.To care for an employee’s own non-work-related injury or illness including disability due to pregnancy.(COVID-19 update: Paid Family Leave may also be available where an employee and/or dependent minor child are subject to a quarantine or isolation order as a result of COVID-19).Other relevant Information:Employers add paid family leave insurance coverage to their existing state disability insurance policies. New York State requires employers to purchase disability insurance either through the state fund or through an approved private carrier. Employers may also become an approved self-insurer.An employee cannot receive paid family leave and short-term disability insurance at the same time.New York Paid Family Leave is job-protected leave. Upon an employee’s return from family leave, an employee is entitled to return to the same position or a comparable one. Additionally while on leave, an employee is entitled to continuation of his/her health insurance under the same terms as if the employee continued to work.
Family Leave benefit amounts are calculated on an employee’s average weekly wage.For 2021, eligible employees will be paid 67% of their average weekly wage up to a maximum of $971.61 per week.
For 2021, eligible employees will be paid 67% of their average weekly wage up to a maximum of $971.61 per week.
State Short-Term Disability Insurance:50% of employee’s average weekly wage up to a maximum of $170.00 per week.
50% of employee’s average weekly wage up to a maximum of $170.00 per week.
Employee and/or Employer Contributions to the program:Paid Family Leave: 100% Employee funded through payroll deductions.0.511% of an employee’s gross wages each pay period up to a maximum annual contribution of $385.34.State Short-Term Disability Insurance: cost shared between employer and employee.Employers can collect from employees 0.5% of an employee’s gross wages, but not in excess of $0.60 per week.Employers bear the cost of providing benefits in excess of the contributions collected from employees.Duration of Leave:Up to 26 weeks of combined Short-term Disability and Paid Family Leave benefits in a 52-week period.Qualifying events making employees/participants eligible for leave:To bond with a newly born, adopted, or fostered child.To care for a family member with a serious health condition.To assist loved ones when a spouse, domestic partner, child, or parent is called to active military service abroad.To care for an employee’s own non-work-related injury or illness including disability due to pregnancy.(COVID-19 update: Paid Family Leave may also be available where an employee and/or dependent minor child are subject to a quarantine or isolation order as a result of COVID-19).Other relevant Information:Employers add paid family leave insurance coverage to their existing state disability insurance policies. New York State requires employers to purchase disability insurance either through the state fund or through an approved private carrier. Employers may also become an approved self-insurer.An employee cannot receive paid family leave and short-term disability insurance at the same time.New York Paid Family Leave is job-protected leave. Upon an employee’s return from family leave, an employee is entitled to return to the same position or a comparable one. Additionally while on leave, an employee is entitled to continuation of his/her health insurance under the same terms as if the employee continued to work.
Paid Family Leave: 100% Employee funded through payroll deductions.0.511% of an employee’s gross wages each pay period up to a maximum annual contribution of $385.34.
0.511% of an employee’s gross wages each pay period up to a maximum annual contribution of $385.34.
State Short-Term Disability Insurance: cost shared between employer and employee.Employers can collect from employees 0.5% of an employee’s gross wages, but not in excess of $0.60 per week.Employers bear the cost of providing benefits in excess of the contributions collected from employees.
Employers can collect from employees 0.5% of an employee’s gross wages, but not in excess of $0.60 per week.
Employers bear the cost of providing benefits in excess of the contributions collected from employees.
Duration of Leave:Up to 26 weeks of combined Short-term Disability and Paid Family Leave benefits in a 52-week period.
Up to 26 weeks of combined Short-term Disability and Paid Family Leave benefits in a 52-week period.
Qualifying events making employees/participants eligible for leave:To bond with a newly born, adopted, or fostered child.To care for a family member with a serious health condition.To assist loved ones when a spouse, domestic partner, child, or parent is called to active military service abroad.To care for an employee’s own non-work-related injury or illness including disability due to pregnancy.(COVID-19 update: Paid Family Leave may also be available where an employee and/or dependent minor child are subject to a quarantine or isolation order as a result of COVID-19).
To bond with a newly born, adopted, or fostered child.
To care for a family member with a serious health condition.
To assist loved ones when a spouse, domestic partner, child, or parent is called to active military service abroad.
To care for an employee’s own non-work-related injury or illness including disability due to pregnancy.
(COVID-19 update: Paid Family Leave may also be available where an employee and/or dependent minor child are subject to a quarantine or isolation order as a result of COVID-19).
Other relevant Information:Employers add paid family leave insurance coverage to their existing state disability insurance policies. New York State requires employers to purchase disability insurance either through the state fund or through an approved private carrier. Employers may also become an approved self-insurer.An employee cannot receive paid family leave and short-term disability insurance at the same time.New York Paid Family Leave is job-protected leave. Upon an employee’s return from family leave, an employee is entitled to return to the same position or a comparable one. Additionally while on leave, an employee is entitled to continuation of his/her health insurance under the same terms as if the employee continued to work.
Employers add paid family leave insurance coverage to their existing state disability insurance policies. New York State requires employers to purchase disability insurance either through the state fund or through an approved private carrier. Employers may also become an approved self-insurer.
An employee cannot receive paid family leave and short-term disability insurance at the same time.
New York Paid Family Leave is job-protected leave. Upon an employee’s return from family leave, an employee is entitled to return to the same position or a comparable one. Additionally while on leave, an employee is entitled to continuation of his/her health insurance under the same terms as if the employee continued to work.

Please visit New York’s website for Paid Family Leave and Other Benefits for more information and additional resources.

January 1, 2021

Massachusetts Paid Family and Medical Leave guide

UPDATE: On July 1, 2021 PFML related to the care of a family member with a serious health condition becomes available. The Massachusetts Department of Family and Medical Leave will be hosting an informational webinar for employers to help answer questions and review responsibilities and requirements, click here to sign up >

What are state paid family and medical leave laws?

We’ve compiled a review of Massachusetts’ Paid Family and Medical Leave to ensure you’re aware of key upcoming dates and the requirements to ensure your compliance.

Massachusetts Paid Family and Medical Leave

PLEASE NOTE: Checkwriters clients who opt for the private plan exemption and require the setup of an employee deduction must contact their Account Specialist as soon as possible.

KEY DATES:
*Private Plan Renewal Deadline Extension: Provisional approval for private plan exemptions for the period of October 1, 2019 through September 30, 2020, have been extended through December 31, 2020. On November 30, 2020, the renewal application period will open for employers with fully-insured private plans. Please visit the link here for more information on the renewal process.
*Effective January 1, 2021, employees whose applications for benefits have been approved, may begin to receive most benefits available under the PFML program, with the exception of paid family and medical leave related to the care of a family member with a serious health condition which will become available on July 1, 2021.
*Starting in December 2020, employees who will be seeking leave to bond with a child newly born, newly adopted, or newly placed in foster care after January 1, 2021, may apply for benefits.

Employee Eligibility Criteria:Applies to all Massachusetts employers regardless of size.Coverage is available to all W-2 employees who work in MA (or former employees unemployed for 26 weeks or fewer) and who meet the earnings threshold below.Employees must have earned at least $5,400.00 during the last 4 completed calendar quarters and at least 30x more than the anticipated benefit the employee would be entitled to receive under the program.
Applies to all Massachusetts employers regardless of size.
Coverage is available to all W-2 employees who work in MA (or former employees unemployed for 26 weeks or fewer) and who meet the earnings threshold below.
Employees must have earned at least $5,400.00 during the last 4 completed calendar quarters and at least 30x more than the anticipated benefit the employee would be entitled to receive under the program.
Weekly Benefit Amount:Weekly maximum benefit amount is based on the state average weekly wage in Massachusetts (SAWW) which was $1,431.66 in 2019 ($1,487.78 in 2020). Employees whose average weekly wage is less than or equal to 50% of the SAWW will receive a benefit of 80% of such wages. Employees whose average weekly wage exceeds 50% of the SAWW, will receive a benefit equal to 50% of their wages, up to a weekly maximum of $850.00.
Weekly maximum benefit amount is based on the state average weekly wage in Massachusetts (SAWW) which was $1,431.66 in 2019 ($1,487.78 in 2020). Employees whose average weekly wage is less than or equal to 50% of the SAWW will receive a benefit of 80% of such wages. Employees whose average weekly wage exceeds 50% of the SAWW, will receive a benefit equal to 50% of their wages, up to a weekly maximum of $850.00.
Employee and/or Employer Contributions to the program:For employers with 25 or more employees, the program is funded by both employer and employee contributions.Total contribution is 0.75% of employee wages up to the Social Security maximum wage base which is $142,800.00 for 2021 ($137,700 for 2020).Employees are responsible for up to 100% of paid family leave contribution (0.13% of eligible wages through payroll deduction).Employees are responsible for up to 40% of paid medical leave with employer being responsible for remaining 60%. The combined total Paid Medical Leave contribution represents 0.62% of eligible wages.Employers may elect to pay some or all of the employee’s share of the paid family leave contribution, and/or to contribute more than their employer required obligation relative to paid medical leave.For employers with less than 25 employees, the program is funded solely by employee contributions via payroll deduction.Total contribution is 0.378% of employee wages up to the Social Security maximum wage base which is $142,800.00 for 2021.Employees are responsible for 100% of paid family and leave contributions (0.13% of eligible wages for family leave and 0.248% of eligible wages for medical leave contributions).Duration of Leave:Up to 26 weeks of combined paid family and medical leave in a single benefit year.Qualifying events making employees/participants eligible for leave:12 weeks to bond with a new child after birth, adoption, or foster placement during first 12 months of child’s life/placement.12 weeks to care for a family member with a serious health condition.20 weeks to care for employee’s own serious health condition.Up to 26 weeks of family leave to care for family member in the military who is seriously injured or ill.Up to 12 weeks of family leave to manage financial, legal, or other arrangements incident to a family member’s military deployment to another country.Other relevant Information:Notice Requirement: employers must display workplace poster that explains benefits under PFML and must provide written notice regarding PFML benefits to each employee within 30 days of their first day of employment. Employers must obtain a written acknowledgement of receipt or refusal of receipt from each employee.Leave under the MA PFML is job-protected leave. At the conclusion of an employee’s leave, an employer is required to restore an employee to the same position they had pre-absence, or one with the same pay status, benefits, length of service credit, and seniority. During leave, an employer is required to maintain any existing health insurance which it provided prior to the leave.Private Plan Exemption: Employers may opt-out or apply for an exemption from participation in the PFML program through a privately funded family and medical leave program. The state has to approve all private plans, which must provide at least the same benefit at no additional cost as compared to the cost of the public PFML plan. For more information on private plans and applying for an exemption, click here.
PLEASE NOTE: Checkwriters clients who opt for the private plan exemption and require the setup of an employee deduction must contact their Account Specialist as soon as possible.
For employers with 25 or more employees, the program is funded by both employer and employee contributions.Total contribution is 0.75% of employee wages up to the Social Security maximum wage base which is $142,800.00 for 2021 ($137,700 for 2020).Employees are responsible for up to 100% of paid family leave contribution (0.13% of eligible wages through payroll deduction).Employees are responsible for up to 40% of paid medical leave with employer being responsible for remaining 60%. The combined total Paid Medical Leave contribution represents 0.62% of eligible wages.Employers may elect to pay some or all of the employee’s share of the paid family leave contribution, and/or to contribute more than their employer required obligation relative to paid medical leave.For employers with less than 25 employees, the program is funded solely by employee contributions via payroll deduction.Total contribution is 0.378% of employee wages up to the Social Security maximum wage base which is $142,800.00 for 2021.Employees are responsible for 100% of paid family and leave contributions (0.13% of eligible wages for family leave and 0.248% of eligible wages for medical leave contributions).Duration of Leave:Up to 26 weeks of combined paid family and medical leave in a single benefit year.Qualifying events making employees/participants eligible for leave:12 weeks to bond with a new child after birth, adoption, or foster placement during first 12 months of child’s life/placement.12 weeks to care for a family member with a serious health condition.20 weeks to care for employee’s own serious health condition.Up to 26 weeks of family leave to care for family member in the military who is seriously injured or ill.Up to 12 weeks of family leave to manage financial, legal, or other arrangements incident to a family member’s military deployment to another country.Other relevant Information:Notice Requirement: employers must display workplace poster that explains benefits under PFML and must provide written notice regarding PFML benefits to each employee within 30 days of their first day of employment. Employers must obtain a written acknowledgement of receipt or refusal of receipt from each employee.Leave under the MA PFML is job-protected leave. At the conclusion of an employee’s leave, an employer is required to restore an employee to the same position they had pre-absence, or one with the same pay status, benefits, length of service credit, and seniority. During leave, an employer is required to maintain any existing health insurance which it provided prior to the leave.Private Plan Exemption: Employers may opt-out or apply for an exemption from participation in the PFML program through a privately funded family and medical leave program. The state has to approve all private plans, which must provide at least the same benefit at no additional cost as compared to the cost of the public PFML plan. For more information on private plans and applying for an exemption, click here.
PLEASE NOTE: Checkwriters clients who opt for the private plan exemption and require the setup of an employee deduction must contact their Account Specialist as soon as possible.
Total contribution is 0.75% of employee wages up to the Social Security maximum wage base which is $142,800.00 for 2021 ($137,700 for 2020).Employees are responsible for up to 100% of paid family leave contribution (0.13% of eligible wages through payroll deduction).Employees are responsible for up to 40% of paid medical leave with employer being responsible for remaining 60%. The combined total Paid Medical Leave contribution represents 0.62% of eligible wages.Employers may elect to pay some or all of the employee’s share of the paid family leave contribution, and/or to contribute more than their employer required obligation relative to paid medical leave.
Employees are responsible for up to 100% of paid family leave contribution (0.13% of eligible wages through payroll deduction).
Employees are responsible for up to 40% of paid medical leave with employer being responsible for remaining 60%. The combined total Paid Medical Leave contribution represents 0.62% of eligible wages.
Employers may elect to pay some or all of the employee’s share of the paid family leave contribution, and/or to contribute more than their employer required obligation relative to paid medical leave.
For employers with less than 25 employees, the program is funded solely by employee contributions via payroll deduction.Total contribution is 0.378% of employee wages up to the Social Security maximum wage base which is $142,800.00 for 2021.Employees are responsible for 100% of paid family and leave contributions (0.13% of eligible wages for family leave and 0.248% of eligible wages for medical leave contributions).
Total contribution is 0.378% of employee wages up to the Social Security maximum wage base which is $142,800.00 for 2021.
Employees are responsible for 100% of paid family and leave contributions (0.13% of eligible wages for family leave and 0.248% of eligible wages for medical leave contributions).
Duration of Leave:Up to 26 weeks of combined paid family and medical leave in a single benefit year.
Up to 26 weeks of combined paid family and medical leave in a single benefit year.
Qualifying events making employees/participants eligible for leave:12 weeks to bond with a new child after birth, adoption, or foster placement during first 12 months of child’s life/placement.12 weeks to care for a family member with a serious health condition.20 weeks to care for employee’s own serious health condition.Up to 26 weeks of family leave to care for family member in the military who is seriously injured or ill.Up to 12 weeks of family leave to manage financial, legal, or other arrangements incident to a family member’s military deployment to another country.
12 weeks to bond with a new child after birth, adoption, or foster placement during first 12 months of child’s life/placement.
12 weeks to care for a family member with a serious health condition.
20 weeks to care for employee’s own serious health condition.
Up to 26 weeks of family leave to care for family member in the military who is seriously injured or ill.
Up to 12 weeks of family leave to manage financial, legal, or other arrangements incident to a family member’s military deployment to another country.
Other relevant Information:Notice Requirement: employers must display workplace poster that explains benefits under PFML and must provide written notice regarding PFML benefits to each employee within 30 days of their first day of employment. Employers must obtain a written acknowledgement of receipt or refusal of receipt from each employee.Leave under the MA PFML is job-protected leave. At the conclusion of an employee’s leave, an employer is required to restore an employee to the same position they had pre-absence, or one with the same pay status, benefits, length of service credit, and seniority. During leave, an employer is required to maintain any existing health insurance which it provided prior to the leave.Private Plan Exemption: Employers may opt-out or apply for an exemption from participation in the PFML program through a privately funded family and medical leave program. The state has to approve all private plans, which must provide at least the same benefit at no additional cost as compared to the cost of the public PFML plan. For more information on private plans and applying for an exemption, click here.
PLEASE NOTE: Checkwriters clients who opt for the private plan exemption and require the setup of an employee deduction must contact their Account Specialist as soon as possible.
Notice Requirement: employers must display workplace poster that explains benefits under PFML and must provide written notice regarding PFML benefits to each employee within 30 days of their first day of employment. Employers must obtain a written acknowledgement of receipt or refusal of receipt from each employee.
Leave under the MA PFML is job-protected leave. At the conclusion of an employee’s leave, an employer is required to restore an employee to the same position they had pre-absence, or one with the same pay status, benefits, length of service credit, and seniority. During leave, an employer is required to maintain any existing health insurance which it provided prior to the leave.
Private Plan Exemption: Employers may opt-out or apply for an exemption from participation in the PFML program through a privately funded family and medical leave program. The state has to approve all private plans, which must provide at least the same benefit at no additional cost as compared to the cost of the public PFML plan. For more information on private plans and applying for an exemption, click here.
PLEASE NOTE: Checkwriters clients who opt for the private plan exemption and require the setup of an employee deduction must contact their Account Specialist as soon as possible.

Please visit Massachusetts Paid Family and Medical Leave website for more information and additional resources.

January 1, 2021

These eight states (plus D.C.) now have Paid Family and Medical Leave laws

State paid family and medical leave laws are on the rise in the United States, with a total of eight states (plus D.C.)* offering paid leave to their workforces for certain qualifying life or medical events. While these state programs are in varying stages of development and availability, you should immediately familiarize yourself with your state’s program.

*Colorado voters recently approved the Colorado Paid Family and Medical Leave Insurance Act. This makes Colorado the ninth state to offer paid family and medical leave. However, benefits will not be available prior to 2024 and employers should continue to monitor developments. More information regarding that law can be found here >>

Several key dates are fast-approaching in the coming months, so we’ve compiled guides to each state’s paid leave program to help you navigate your responsibilities in this ever-changing landscape.

What are state paid family and medical leave laws?

What do employers need to know?

While state paid leave laws share many commonalities, each state has its own rules and requirements for key provisions of each state law. Employers should closely review the laws of their state and familiarize themselves with the following topics:

-Employee eligibility criteria;

-Weekly benefit amount;

-Employee and/or employer contributions to the program;

-Duration of leave; and

-Qualifying events making employees/participants eligible for leave.

To assist employers, Checkwriters has compiled a brief overview of each state’s paid leave program highlighting the categories above, as well as providing a brief comparison of the key differences between state paid family and medical leave (PFML) and (FMLA).

Key distinctions between state PFML and FMLA:

PFML	FMLA*
State.	Federal.
Varies by state, but can apply to employers with as little as one employee.	Requirement for employers with 50+ employees, public sector agencies, and private and public schools.
Paid; may or may not be job-protected leave.	Unpaid; job-protected leave.
Employers *required* to collect and remit contributions on behalf of employees (employers can be required to contribute as well depending on the state).	No collection required.
Employee eligibility: Varies by state but can include a minimum amount of earnings as opposed to a minimum duration of employment.	Employee eligibility: Employed by current employer for at least 12 months, with minimum hours worked of 1,250 during that time.
Duration of leave: Varies by state from 12 days up to 52 weeks, depending on the basis for leave; PFML provides income replacement during periods of leave, but may not provide a leave entitlement.	Duration of Leave: Up to 12 weeks of unpaid, job-protected family or medical leave, or up to 26 weeks of unpaid job-protected leave in a single calendar year to care for family member in the Armed Forces.
Qualifying events for leave: Varies by state. Can include birth, adoption, or foster placement of a child; an employee’s or family member’s serious health condition; exigencies or circumstance related to a family member’s active duty in the military; leave to address circumstances of family violence, and even organ and bone marrow donation.	Qualifying events for leave: birth, adoption, or foster care of a child within one year of birth or placement; care for employee’s serious health condition; care for family member who has a serious health condition; qualifying exigency related to family member’s active duty in the military, and care for family member who is seriously ill or injured and who is covered servicemember.
Family member definition may be much broader and may include: spouse, domestic partner, child, parent or parent of a spouse or domestic partner; grandchild, grandparent, sibling or a person related by blood or affinity whose association with the covered individual is equivalent to one of the relationships above.	Family member definition is typically narrower: must be immediate, e.g. spouse, child, or parent of eligible employee.

*Some states have also enacted stated-based FMLA laws which provide for unpaid, job-protected leave based on state criteria. Often the state criteria closely resemble federal FMLA eligibility requirements and benefits, however the two laws are not without distinction and should be closely reviewed by employers.

What are my obligations as an employer?

State-based paid leave plans are typically administered through state-existing temporary disability insurance programs, or through newly created public fund programs. Employee contributions are effectuated by payroll deductions. Employers are required to collect and remit employee contributions to the state-administered leave programs. Some states also require employers to financially contribute to the paid leave program in addition to their collection obligations.

Finally, some states permit an employer to opt-out of mandated participation in a publicly administered paid leave program by providing a privately funded plan to its employees. In this case, the private plan proposed by the employer must be approved for use by the state and must be comparable to the public plan administered by the state. In some cases, the private plan must be approved by a majority of employees.

Below is a list of the states with Paid Family and Medical Leave laws.

California >>
Connecticut >>
Washington D.C. >>
Massachusetts >>
New Jersey >>
New York >>
Oregon >>
Rhode Island >>
Washington >>

Disclaimer: The information contained herein is not intended to be construed as legal advice, nor should it be relied on as such. Employers should closely monitor the rules and regulations specific to their jurisdiction(s) and should seek advice from counsel relative to their rights and responsibilities.

January 1, 2021

New Jersey minimum wage update

January 1, 2021 , the state minimum wage for most employees is $12.00 per hour.
For seasonal and small employers (those with less than six employees) the minimum wage is $11.10 per hour.
For agricultural employers, the minimum wage is $10.44 per hour.
For tipped employees, the state minimum base or cash wage is $4.13 per hour.
Employees who are not covered by New Jersey’s minimum wage requirements include automobile salespersons, outside salespersons, part-time employees primarily engaged in childcare in the home of an employer; minors under the age of eighteen (18) except for those working in hotels, restaurants, retail, beauty culture, and cleaning occupations, among others).
Full-time college students employed by the college or university which they attend must be paid no less than 85% of the state minimum wage.
Direct care staff at long-term care facilities must be paid $3.00 above the prevailing minimum wage rate, which would be $15.00 effective January 1, 2021.
For more information, please see these FAQs found on the New Jersey Department of Labor and Workforce Development website.

January 1, 2021

Montana minimum wage update

Effective January 1, 2021, the state minimum wage is $8.75 per hour.
Businesses who are not subject to the Fair Labor Standards Act whose gross sales are $110,000 or less may pay a wage of $4.00 per hour.
There is no tip credit, training wage or meal credit permitted in Montana.
For more information, please visit the Montana Department of Labor and Industry website.

January 1, 2021

Maine minimum wage update

Effective January 1, 2021, the state minimum wage is $12.15 per hour.
For tipped employees, the state minimum base wage is $6.08 per hour. An employer must notify an employee in advance of its intention to use a tip credit, and must be able to demonstrate that the employee has received at least the state minimum wage when the base wage and actual tips received are combined within the seven day workweek. Should any deficit exist between the state minimum wage and the employee’s base or service wage plus tips, the employer must make up the difference in cash wages.
The state minimum salary threshold for employees exempt from overtime pay effective January 1, 2021 is $700.97 per week ($36,450.44 annually). The minimum salary threshold is just one factor in determining whether an employee is exempt from overtime pay under federal and state law.
For more information, please visit the Maine Department of Labor website.

January 1, 2021

Maryland minimum wage update

Effective January 1, 2021, the state minimum wage is $11.75 per hour and is applicable to employers with fifteen (15) or more employees. For employers with fourteen (14) or less employees, the state minimum wage is $11.60 per hour.
The minimum base wage or service rate for tipped employees (those who make more than $30.00 per month in tips) is $3.63 per hour, with employers being permitted to utilize a tip credit for tips actually received in order to meet the state minimum wage.
Employers who utilize a tip credit must provide employees with a written or electronic wage statement for each pay period showing the hourly rate of pay including paid cash wages plus tips for tip credit hours worked for each workweek of the pay period.
Minor employees under the age of eighteen (18) must earn at least 85% of the state minimum wage.
Certain classes of employees exempt from Maryland’s minimum wage and overtime laws include:employees who are immediate family members of the employer;
executive, administrative and professional employees;employees under age sixteen (16) working less than 20 hours per week; andcommissioned employees.
employees who are immediate family members of the employer;
executive, administrative and professional employees;
employees under age sixteen (16) working less than 20 hours per week; and
commissioned employees.
For more information, please visit the Maryland Department of Labor Website.

January 1, 2021

Michigan minimum wage update

The state minimum wage did not increase for 2021 as the unemployment rate exceeded 8.5% in 2020 and remains $9.65 per hour. The next scheduled increase to $9.87 per hour shall be effective during the following calendar year when unemployment is less than 8.5%.
The minimum hourly rate for tipped employees remains at $3.67 per hour.
Minimum salary compensation for those employees exempt from overtime requirements as executive, administrative and professional employees is $684.00 per week.
The state minimum wage and overtime laws are applicable to employers that have two (2) or more employees.
Minor employees may be paid 85% of the state minimum wage.
Newly hired employees between the ages of sixteen (16) and nineteen (19) may be paid a training wage of $4.25 per hour for the first ninety (90) days of their employment.
For more information, please visit the Michigan Labor and Economic Opportunity website.

January 1, 2021

Minnesota minimum wage update

Effective January 1, 2021, the state minimum wage for large employers (those with annual gross revenues of $500,000.00 or more) is $10.08 per hour. The minimum wage for small employers (those with annual gross revenues of less than $500,000.00) is $8.21 per hour.
J-1 Visa employees: The state minimum wage for those employees of hotels, motels, and resorts working under the authority of a summer work, travel exchange visitor (J) non-immigrant visa is $8.21 per hour.
Employers may pay a training wage of $8.21 per hour for employees under the age of twenty (20) for the first ninety (90) days of their employment.
Minor employees under the age of eighteen (18) may be paid a minimum wage of $8.21 per hour.
For more information, please visit the Minnesota Department of Labor and Industry website.

January 1, 2021

Missouri minimum wage update

Effective January 1, 2021, the state minimum wage is $10.30 per hour.
Tipped employees must be paid at least one-half of the state minimum wage. The state minimum base wage for tipped employees is $5.15 per hour. If there is a deficit between the state minimum wage and the employee’s base wage plus tips, the employer is required to make up the difference.
The state minimum wage law does not apply to public employers or retail or service businesses whose annual gross sales are less than $500,000.00.
For more information, please visit the Missouri Department of Labor website.

January 1, 2021

Ohio minimum wage update

Effective January 1, 2021, the state minimum wage is $8.80 per hour and is applicable to employers with gross annual receipts of more than $323,000.00.
Employers with gross annual receipts less than $323,000.00 must pay their employees the federal minimum wage of $7.25 per hour.
Minor employees under the age of sixteen (16) must be paid the federal minimum wage.
“Tipped employees” (employees in an occupation in which they regularly and customarily earn in excess of $30.00 per month in tips) may be paid a minimum base wage of $4.40 per hour, so long as the base wage plus tips totals at least the state minimum wage of $8.80 per hour.
There are certain classes of employees which are exempt from the state minimum wage requirements including employees of a solely family owned and operated business who are family members of the owner of such business.
For more information, please visit the Ohio Department of Commerce website.

January 1, 2021

Illinois minimum wage update

Effective January 1, 2021, the state minimum wage is $11.00 per hour. Employers with at least four (4) employees are subject to the state minimum wage requirements. Domestic workers are covered by the state minimum wage law, even if the employer only employs one (1) worker.
New employees (who do not receive gratuities) may be paid $.50 less per hour for the first ninety (90) days of their employment ($10.50 per hour for 2021). Thereafter, they must be paid the full state minimum wage.
For employees who receive gratuities, an employer may pay such employees no less than sixty percent (60%) of the state minimum wage. If a deficit exists between the state minimum wage and the tipped employee’s base wage plus tips, the employer must make up the difference.
The state minimum wage laws apply to employees age eighteen (18) or older. Minors above the age of fourteen (14), but who have not attained age eighteen (18) may be paid a minimum wage of $8.50 per hour. Under eighteen (18) employees who work 650 hours or more for an employer during a calendar year must be paid $11.00 per hour for each hour above this threshold.
For more information, please see these FAQs located on the Illinois Department of Labor website.

January 1, 2021

New Mexico minimum wage update

Effective January 1, 2021, the state minimum wage is $10.50 per hour. The minimum base wage for tipped employees is $2.55 per hour.
Several counties in New Mexico have their own living wage ordinances which may depart from the state minimum wage including Albuquerque, Bernalillo County, Las Cruces, City of Santa Fe [1] and Santa Fe County.
Employers are subject to the highest available rate in their applicable jurisdiction.
For more information please visit the New Mexico Department of Workforce Solutions website.

[1] As of March 1, 2020.

December 30, 2020

California payroll reporting

Senate Bill 973 (SB 973): Effective January 1, 2021, and imposes new pay reporting requirements on California employers. On or before March 31, 2021 and on or before March 31 of each year thereafter, California employers who are already required to file an Employment Information Report (EEO-1) under federal law must report required pay data including pay and hours data relative to race, ethnicity and gender to California’s Department of Fair Employment and Housing (CDFEH). FAQs released by the CDFEH relative to these new pay reporting requirements may be found here >>

December 30, 2020

California extension of family rights act

Senate Bill 1383 (SB 1383): Effective January 1, 2021, and significantly expands the state’s existing family and medical leave entitlements by repealing and replacing the existing CFRA (California Family Rights Act) with a new CFRA and repealing the NPLA (New Parent Leave Act). Employers with five or more employees will now be required to provide up to 12 weeks of unpaid, job-protected leave to their workforces to care for themselves or family members based on certain qualifying events.
The definition of family member has been expanded under the Act, making it more extensive in many areas than the federal FMLA. As a result, there is the possibility for employees to “stack” leave during a single calendar year, which employers should be mindful of.
Notably, employers who employ spouses and/or parents of the same child, are now required to provide up to 12 weeks of bonding leave to each spouse/parent, and can no longer require spouses/parents to share such entitlement. Employees who qualify for leave under the CFRA may apply for paid leave (partial wage replacement) under California’s Paid Family Leave and Disability Insurance programs.

December 12, 2020

St. Louis, Missouri ban the box ordinance

Effective January 1, 2021, private employers with at least ten employees in the city of St. Louis will be restricted in their ability to base hiring or promotion decisions on an applicant’s criminal history. A summary of the ordinance can be found here >>

December 12, 2020

Maine earned paid leave

Effective January 1, 2021, Maine employers with 10 or more employees (excluding seasonal industries) must provide employees one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours of paid leave per year, for any reason. A summary of the law can be found here >>

December 12, 2020

Florida E-Verify and form-I9 supporting document retention

Senate Bill (SB 664): Effective January 1, 2021, requires public employers, contractors, and subcontractors to use E-Verify to verify employment eligibility. While private employers are not required to utilize the E-Verify system under this law, for those who choose not to use E-Verify, private employers are now required to retain the documentation used to complete the form I-9, which is presently optional under federal law. A summary of the law can be found here.

December 12, 2020

Florida E-Verify and form-I9 supporting document retention

December 12, 2020

Colorado paid sick leave

Effective January 1, 2021, Colorado employers with 16 or more employees must provide paid sick leave to their employees accrued at 1 hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year. Effective January 1, 2022, this requirement will become applicable to all Colorado employers regardless of size. The Act also requires an employer, regardless of size, to provide its employees with an additional amount of paid sick leave during a public health emergency such as COVID-19. A summary of the law can be found here >>

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