May 24, 2022
In the absence of a federal paid family and medical leave program for U.S. employees, several states recently passed laws mandating their own paid disability/medical leave programs for an employee’s own health condition and/or paid leave programs for parental leave, caregiving leave, military exigency and safe leave. The states outlined below join 8 other states (in addition to Washington, D.C. and Puerto Rico) in mandating paid family and/or medical leave programs (PFML) for employees. Click here for a reference chart of the existing mandated PFML programs.
The list below outlines key provisions of these new state-mandated programs set to begin in the next several years. Note that New Hampshire recently passed a voluntary paid family and medical leave program that private employers and employees can opt into (see below for more details).
In addition to reviewing the list below, employers are advised to review their existing leave policies in preparation for the upcoming state PFML effective dates. Note that the structure and details of the state PFML programs outlined below are subject to change as the states continue to release implementing regulations and guidance. Risk Strategies will continue to monitor and report on further developments. In the meantime, reach out to your Risk Strategies account team with any additional questions.
Jump to a state: Delaware | Maryland | New Hampshire | Colorado | Oregon
Delaware
- PFML Law Passed: May 2022
- Types of Leave: Medical/Disability Leave; Family Leave
- Maximum Amount of Leave: 12 weeks
- Employer and/or Employee Contributions Effective Date: January 1, 2025
- Benefit Effective Date: January 1, 2026
- Covered Employer: 10 employees during previous 12 months — must provide parental leave only; 25 employees during the previous 12 months — must provide parental, family caregiving and medical leave
- Covered Employee: Employee who has worked for one year and at least 1,250 hours for their employer in the previous 12 months
- Job Protection: ✔
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: Employers that are closed completely for 30 consecutive days or more per year are exempt from the program.
Maryland
- PFML Law Passed: April 2022
- Types of Leave: Medical/Disability Leave; Family Leave
- Maximum Amount of Leave: 12 weeks
- Employer and/or Employee Contributions Effective Date: October 1, 2023
- Benefit Effective Date: January 1, 2025
- Covered Employer: One employee
- Covered Employee: Employee who has worked at least 680 hours in the previous 12-month period
- Job Protection: ✔
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: Weekly benefits will range from $50 to $1,000, based on the employee’s average weekly wage, and is indexed to inflation; Employers with less than 15 employees are not required to contribute to program
New Hampshire
- PFML Law Passed: June 2021
- Types of Leave: Medical/Disability Leave [1]; Family Leave
- Maximum Amount of Leave: 6 weeks
- Employer and/or Employee Contributions Effective Date: TBD
- Benefit Effective Date: January 1, 2023
- Covered Employer: Private employers with more than 50 employees
- Covered Employee: Employees working for a private employer who does not opt into or qualify to participate in the program will be able to purchase coverage through the purchasing pool
- Job Protection: ✔
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: Voluntary program for private employers to opt-in; Mandatory program for eligible state government employees
Colorado
- PFML Law Passed: November 2020
- Types of Leave: Medical/Disability Leave; Family Leave; Safe Leave
- Maximum Amount of Leave: 12 weeks; 16 weeks for pregnancy or childbirth complications
- Employer and/or Employee Contributions Effective Date: January 1, 2023
- Benefit Effective Date: January 1, 2024
- Covered Employer: One employee for each working day during each of 20 or more calendar workweeks in the current or immediately preceding calendar year
- Covered Employee: Employee who has earned at least $2,500 in wages within the last 4 calendar quarters
- Job Protection: ✔ [2]
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: Benefit capped at $1,100 per week; Employers with less than 10 employees are not required to contribute to the program
Oregon
- PFML Law Passed: August 2019
- Types of Leave: Medical/Disability Leave; Family Leave; Safe Leave
- Maximum Amount of Leave: 12 weeks
- Employer and/or Employee Contributions Effective Date: January 1, 2023
- Benefit Effective Date: September 1, 2023
- Covered Employer: One employee
- Covered Employee: Employee who has earned at least $1,000 in wages in the year prior to taking leave
- Job Protection: ✔
- Health Benefits Continuation: ✔
- Private Plan Option: ✔
- Note: Employers with less than 25 employees are not required to contribute to program
Additional Notes and Footnotes:
The "Family Leave" category listed above includes parental leave, family caregiving leave and qualifying military exigency leave in some instances.
The "Safe Leave" category above includes leave related to domestic violence, abuse, harassment, sexual assault, or stalking.
The "Covered Employer" category above refers to the minimum number of employees working in the applicable state to be considered a covered employer subject to applicable PFML program.
[1] Medical/disability leave will be available for individuals who purchase coverage through the purchasing pool (because their employer does not offer a short-term disability plan)
[2] For employees who have been employed by their employer for at least 180 days before taking leave.
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