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2020 Outlook:
Paid Family and
Medical Leave
January 29, 2020
John D. Robinson, CPCU
Assistant Director, Absence Solutions
The Hartford
Matt Monahan
Vice President, Employee Benefits
Namely
John D. Robinson, CPCU
Assistant Director, Absence Solutions
The Hartford
Jacqueline Kirwan
Manager, Benefits Consulting
Namely
Hello!
● Please participate in our polls
● You will be sent the recording
and slides after the webinar
● Use the question box to ask
questions
YES
DISCLAIMER
Neither The Hartford nor its affiliates, employees
or agents provide financial, tax, legal or
accounting advice.
Employers and claimants should always consult
with qualified legal advisors when they have legal
questions.
5
AGENDA
Current environment
● US vs. the rest of the world
● What an employer needs to know
What is paid family leave?
● Who pays and what is paid?
● Impact
Paid Family Leave vs. Paid Sick Leave
Employer challenges
● Accruals
● Medical certification
● What to consider when implementing a PFL plan
Tips
Traps
7
8
9
10
Poll 1:
How many of you have
employees in a state that offers
Paid Family and Medical Leave
benefits?
12
13
14
15
16
Poll 2:
Are you comfortable explaining
Paid Family and Medical Leave
benefits to your employees?
WHAT IS PAID FAMILY LEAVE (PFL)?
Paid leave which allows an employee to receive a
portion of or all their wages while taking time off of
work
• Various qualifying reasons, including:
• Baby Bonding Leave
• Parental Leave
• Military Leave
• Caring for a sick covered family member
Programs that provide income replacement to
eligible workers for family caregiving
Pay can come from:
Formal (state based)
insurance or statutory programs
Formal (employer specific) policies
Sick leave (statutory or voluntary)
Paid Vacation leave
Paid time off
Employer-sponsored
disability coverage
Copyright 2017. Disability Management Employer Coalition
(DMEC). All rights reserved.
Family
Medical
leave
Family
care
leave
Paid Family Leave – what is it and what it is
not
Medical
Leave for
Self
Leave to
care for
other family
member
Parental Leave
Care for
Newborn/Adop
tion
Maternity
Leave
Paternity
Leave
Short
Term
Disability
Paid
Time Off
Source: DMEC 2016 Virtual Education Forum Parental Leave: Is it a Trend or Going
Mainstream? April 19, 2016
PAID FAMILY LEAVE – THE IMPACT
Economic
• Better retention
• Little misuse of
other accrual
programs
• Reduced public
assistance after
birth
Social
• Better baby
bonding
• Employee morale
• Promotes parental
bonding, equal for
all parents
SOURCE: DMEC 2016 Virtual Education Forum, Parental Leave: Is it a Trend or Going Mainstream?, 041916
CURRENTLY IN THE UNITED STATES
Federal Family and Medical Leave Act of 1993
typically provides up to 12 weeks of
unpaid leave for eligible workers and:
– 12% of private sector workers have access to
some form of paid family leave
– <40% of employees have access to paid medical
leave
– 1 in 4 new mothers returned to work within two
weeks of giving birth
– 5% of the lowest paid 25% of employees receive
paid family leave, compared to 21% of the
wealthiest 25%
SOURCE: DMEC 2016 Virtual Education Forum, Parental Leave: Is it a Trend or Going Mainstream?, 041916
Poll 3:
How do you manage
Paid Family and Medical Leave
today?
WHAT ARE EMPLOYERS DOING?
• To maintain compliance with the increasing Paid Sick and Family Leave laws, employers are
constructing their policies to be more generous than required and relying on external counsel
to guide them
• Over half (51%) organize their paid sick leave policy as part of PTO while 35% have a separate
policy
• Roughly a third (33%) are using one-on-one training as the most common method to keep
managers up to date on new laws
• More employers are outsourcing leave management and their satisfaction with vendors
continues to increase
• Outsourcing of FMLA management continues to increase
∙ 34% for employers 50+
∙ 45% for employers 1,000+
SOURCE: DMEC 2016 Virtual Education Forum, Parental Leave: Is it a Trend or Going Mainstream?, 041916
DON’T FORGET NON-COMPLIANCE
COSTS MONEY AND TIME
Back pay
Reinstatement
Compensatory
damages
Punitive damages
Attorneys' fees to
prevailing plaintiff
Differs by state
Cost to defend a
lawsuit: $78,000
SOURCE: FMLA Violations Can Cause
Serious Financial Risk to Your Company
– GCG Insights: gcgfinancial.com/.../fmla-
violations-that-can-cause-serious-financial-
risk-to-your-com...Cached, Mar 9, 2016
25
26
PAID FAMILY LEAVE VS. PAID SICK
LEAVE
• California Connecticut
• New Jersey Washington State
• Rhode Island Oregon
• New York Massachusetts
• Washington State
Currently, 9 states
have paid family
leave funded by
employee/employ
er contributions
Paid family leave, at this point, is not an accrued benefit, but is
something that is paid for by contributions, similar to an insured type
of benefit.
Paid Sick Leave/Sick and Safe legislations relate specifically to
accrual of time through being employed, is not an insured benefit,
and differs from state to state, with not all states having legislation.
PENDING PAID SICK DAY CAMPAIGNS &
LEGISLATION
Allowing all employees to accrue time at some sort
of legislated level:
Alaska
Arizona
Florida
Hawaii
Illinois
Iowa
Louisiana
Maryland
Michigan
Minnesota
Nebraska
Nevada
New
Hampshire
North Carolina
Pennsylvania
South Dakota
South
Carolina
Virginia
Washington
West
Virginia
Wisconsin
HOW DO YOU MANAGE ALL OF THESE
REQUIREMENTS SIMULTANEOUSLY?
The
changing
employee
landscape
Accrual
rollover
calendar
Eligibility
requirement
s
Qualifying
reason for
leave
Medical
certification
Probationary
period
Reason for
use and
other
similarities
Let’s talk
more
ACCRUAL/ROLLOVER CALENDAR
FMLA allows
employers to define
“year” as a calendar
year, fiscal year, any
other fixed year, or
“rolling period”
Many employers
choose to accrue,
rollover or cap
vacation time based
on date of hire or
fiscal year
Accrual rates differ
employer to
employer
Paid leave laws
typically require
accrual based on a
fixed date (whether
date of hire or
calendar year), with
little or no flexibility to
adapt to existing
employer policies
MEDICAL CERTIFICATION
EEOC interpreting the ADA provides guidance:
“[A]n employer is entitled to know why an employee is
requesting sick leave. An employer, therefore, may ask an
employee to justify his/her use of sick leave by providing a
doctor's note or other explanation, as long as it has a policy
or practice of requiring all employees, with and without
disabilities, to do so.”
Paid family leave is managed very similarly to FML
Some paid sick leave laws restrict Employers’ ability to obtain medical
certification
32
33
COMMON ISSUES
Definition of covered Family Member
�NY: child, parent, grandparent, grandchild,
spouse, or domestic partner and in-laws
�NJ: child, spouse, domestic partner, civil union
partner, parent
�FMLA: child, spouse, parent
Probationary Period:
�All state laws require “probationary” period before
paid family leave can be used by new employees
�Rules differ by state
Reasons for Use
�very similar to FML and other state programs
�mandatory postings
�different payout requirements
TRAPS
Accruing time, waiting periods, definitions and benefits
differ state to state, and could impact current leave and
disability programs
Does your HR handbook address all the available
required paid family leave. When was the last time the
handbook was updated?
How does your current Leave, PTO, sick and vacation
time program interact with legislated coverage?
Who administers your current program and how it is
monitored-is it consistent and compliant?
TIPS
Review your current paid sick time and PTO
practices to ensure compliance with all
applicable leave laws
Consider the pros and cons of reinstituting
traditional vacation and sick time policies versus
PTO policy
Assess and compare the specific paid sick time
laws that apply to your organization to
determine their similarities and differences, and
the impact on your policies
Determine whether to forgo company-wide sick
time/PTO policies in favor of state specific sick
time/PTO rules
NEXT STEPS
Review your plan against the states and locations you are doing
business in or plan to do business
Discuss with your legal team
Consider outsourcing
Continue to monitor – How is it all working
THINGS TO REMEMBER
DMEC Survey results indicate at least 20% of respondents
are considering implementing some form of Paid Leave
Survey employees: What do they want?
Goal should be to positively impact employee morale,
satisfaction and retention
ADDITIONAL RESOURCES
39
TOPIC WEBSITE OWNER
Leave Management www.dol.gov Department of Labor
ADA www.eeoc.gov Equal Opportunity
Employment
Commission
Return to work www.askjan.gov Ask Jan
Industry information www.dmec.org Disability Management
Employer Coalition
Industry Data www.ibinet.org Integrated Benefit
Institute
Paid Medical/Family Leave https://www.thehartfo
rd.com/paid-family-
medical-leave
The Hartford
ADDITIONAL RESOURCES
www.abetterbalance.org/web/ourissues/familyleave
www.eeoc.gov
www.dol.gov
www.thehartford.com/pfml
www.dmec.org
Your state’s insurance page
Poll 4:
Are you interested in learning
more about Namely Brokerage,
or The Hartford?
Legislated State/Municipal Paid
Leaves
Click the state below to learn more
CA
WARINY
MA NJ
DC
Pending Sick
Leave
Legislation
SF
CALIFORNIA
What is covered? PFL can be used either (1) to bond with a child within one
year of the child’s birth or placement for foster care or
adoption; or (2) to care for a family member with a serious
health condition.
What family members are
covered?
Worker’s child, parent, parent-in-law, spouse, domestic
partner, grandchild, grandparent, or sibling
Duration Up to 6 weeks in a 12-month period
Amount paid For most workers, CA PFL benefits increased in 2018 to 60%
for those making more than 33% AWW and 70% for those
making up to 33%; the weekly max is now $1,216.
Job Protection No
Health Benefits No
Who provides State or Private
Who is covered? Workers covered by UI-Opt In options for public EE’s
MASSACHUSETTS
What is covered? PFL can be used either (1) to bond with a child within one year of the
child’s birth or placement for foster
care or adoption; or (2) to care for a family member with a serious health
condition; or (3) some military; or (4) own serious health condition.
Payable 2021
What family members are covered? Worker’s child, parent, spouse, domestic partner, grandchildren,
grandparents, and siblings, as well as the parents of a spouse or
domestic partner
Duration 12 Paid Family Leave
20 weeks Paid Medical Leave (Disability)
Combined not to exceed 26 weeks in a 52 week period
Amount paid After a 7 day waiting period, workers on paid leave would earn 80% of
their wages up to 50% of the SAWW and then 50% of their wages above
that amount, up to $850/week cap. No wait for Maternity
Job Protection Yes
Health Benefits Yes
Who provides State or Private
Who is covered? All Private sector employees
Deductions Effective Date Beginning July 2019
NEW JERSEY
What is covered? PFL can be used either (1) to bond with a child within one year of the
child’s birth or placement for foster
care or adoption; or (2) to care for a family member with a serious
health condition.
What family members are
covered?
Worker’s child, parent, spouse, domestic partner, or civil union
partner
Duration Up to 6 weeks in a 12-month period
Amount paid For all covered workers, 2/3 of average weekly wage up to a cap,
currently set at $637/week.
Job Protection No
Health Benefits No
Who provides State or Private
Who is covered? Workers covered by UI. Opt In options for public EE’s
� BACK
NEW YORK
What is covered? PFL can be used either (1) to bond with a child within one year of the child’s birth or
placement for foster
care or adoption; or (2) to care for a family member with a serious health condition;
or (3) some military.
What family members are covered? Worker’s child, parent, parent-in-law, spouse, domestic partner, grandchild, or
grandparent
Duration Up to 8 weeks in 2018; When the program is fully phased in in 2021, up to 12
weeks in a 52 week period. There is also a 26 week max for disability and PFL
together in a 52 week period.
Amount paid For all covered workers, benefits will start at 50% of the worker’s average weekly
wage, up to cap of
50% of the statewide average weekly wage. When the program is fully phased in in
2021, workers will receive 67% of their average weekly wage up to a cap of 67%
of the statewide average weekly wage. Cap currently set at $652.96/week.
Job Protection Yes
Health Benefits Yes
Who provides State or Private
Who is covered? Most private-sector workers. Opt In options for public EE’s
RHODE ISLAND
What is covered? PFL can be used either (1) to bond with a child within one year of the
child’s birth or placement for foster
care or adoption; or (2) to care for a family member with a serious
health condition.
What family members are
covered?
Worker’s child, parent, parent-in-law, spouse, domestic partner, or
grandparent
Duration Up to 4 weeks in a 52-week period.
Amount paid For all covered workers, 4.62% of wages in the highest earning
quarter of the base year (or approximately 60% of a worker’s average
weekly wage during that quarter), up to a cap, currently set at
$831/week.
Job Protection Yes
Health Benefits Yes
Who provides State
Who is covered? Workers covered by UI. Opt In options for public EE’s
� BACK
WASHINGTON STATE
What is covered? PFL can be used either (1) to bond with a child within one year of the child’s birth or
placement for foster
care or adoption; or (2) to care for a family member with a serious health condition;
or (3) some military; or (4) own Serious Health condition. Payable 2020
What family members are covered? Worker’s child, parent, spouse, state-registered domestic partner, sibling,
grandparent, grandchild
Duration Employee’s own serious health condition and covered paid family leave – 12 weeks
per 52 consecutive calendar weeks. No more than a maximum combined 16 weeks
PFL/PML in a 52 week period outside of incapacity due to pregnancy complications
which may allow an additional 2 weeks, totaling up to 18 weeks.
Amount paid After a 7 day waiting period (no waiting period for bonding), workers on paid leave
would earn 80% of their wages up to 50% of the SAWW and then 50% of their
wages above that amount, up to a cap currently set at $850/week.
Job Protection Yes
Health Benefits Yes
Who provides State or Private
Who is covered? Most private-sector workers. Opt In options for public EE’s
Deductions Effective Date Beginning January 2019
WASHINGTON DC
What is covered? PFL can be used either (1) to bond with a child within one year of the child’s birth or
placement for foster
care or adoption; or (2) to care for a family member with a serious health condition;
or (3) own Serious Health condition. Payable 2020
What family members are covered? Child, parent, spouse, state-registered domestic partner, sibling or grandparent
Duration Up to 8 weeks for bonding with a new child; up to 6 weeks for care of an ill family
member with a serious health condition and up to 2 weeks for employee’s own
serious health condition; With a combined maximum of no more than 8 weeks in a
52 week period
Amount paid After a 7 day waiting period, workers on paid leave would earn ~71% of their
wages up to a cap currently set at $1,000/week; see benefit calculator tool:
https://does.dc.gov/page/district-columbia-paid-family-leave
Job Protection Yes
Health Benefits Yes
Who provides Municipal sponsored plan – no private options
Who is covered? Workers covered by UI.
Deductions Effective Date Beginning July 2019
SAN FRANCISCO PPL
What is covered? Must be used in coordination with payment via California Paid Family
Leave specifically related to a request for bonding (1) to bond with a
child within one year of the child’s birth or placement for foster care or
adoption.
Duration Up to 6 weeks in a 12-monthperiod.
Amount paid This is a top up benefit to bring employees up to 100% through a
combination of CA PFL and SFPPL; up to a weekly cap currently set at
$811 with a combined cap of $2,027 for 2018 claims.
Job Protection No
Health Benefits No
Who provides Municipal driven ordinance mandating compliance thru a private plan
Who is covered? Any employer with more than 20 employees (regardless of class or work
location).
WHAT’S NEW - CTPFML Law requirements CT
Annual amount of leave ∙ 12 combined weeks of paid family and medical leave
∙ Additional 2 weeks for a serious health condition resulting in
incapacitation that occurs during a pregnancy
When do leaves begin ∙ 1/1/22
Reasons for medical leave ∙ Because of a serious health condition of the employee
Additional reasons for leave ∙ To serve as an organ or bone marrow donor
∙ To address being a victim of family or domestic violence
Reasons for family leave ∙ Upon the birth of a son or daughter of the employee;
∙ Upon the placement of a son or daughter with the employee for
adoption or foster care;
∙ In order to care for a family member of the employee, if family
member has a serious health condition
∙ Military Exigency
Definition of Family member ∙ Spouse
∙ Sibling
∙ Son or Daughter
∙ Grandparent
∙ Grandchild
∙ Parent
∙ “An individual related to the employee by blood or affinity whose
close association the employee shows to be the equivalent of those
family members”
∙
51
What’s new in CT
Eligibility - Employee ∙ Earned not less than $2,325 in subject earnings during the employee's
highest earning quarter within the base period (the first 4 of the last 5
most recent quarters)
AND either
is presently employed by an employer,
A. has been employed by an employer in the previous twelve weeks, or
B. is a self-employed individual or sole proprietor and Connecticut
resident who has enrolled in the program pursuant to section 9 of this
act
Covered Employer ∙ Any ER who has 1 or more EEs in CT.
∙ ER does not include:
✔ Federal government;
✔ State or municipality
✔ Local or regional board of education
✔ Nonpublic elementary or secondary school
Except: that the state, a municipal employer or local or regional board of education
is an employer with respect to each of its covered public employees.
Amount of Benefit for year #1 ∙ 95% of EE’s base weekly earnings up to 40X statutory minimum wage
∙ 60% of EE’s base weekly earnings above 40X statutory minimum wage
∙ Benefits capped at 60X statutory minimum wage
∙ Minimum Wage in CT is gradually increasing to $15 by mid 2023, so approx.
limits are:
∙ 95% to $600 of weekly of wages
∙ 60% for weekly wages above $600
∙ Cap of $900 per week
52
WHAT’S NEW IN CT
Amount of premium for Year #1 ∙ .50% EE contributions up to the Social Security maximum Deductions
may begin after 1/1/21 but must begin by 2/1/21
Private Plan –special rules that may
affect pricing
∙ ERs may not charge EEs any more under private plan than the state program
premium.
∙ Private plan cannot result in significant adverse selection risk to state or
endanger solvency of state fund
∙ Private plan must be approved by a majority vote of the employees
Intermittent leave permitted under
both
∙ Upon birth of a child or adoption of a child the leave cannot be taken
intermittently unless the employee allows for it
∙ For family caregiver leave, or EE Serious Health Condition, intermittent
leave is allowed if medical necessary. If the intermittent leave is
foreseeable based on planned medical treatment the employer may
require the employee to temporarily transfer to a job of equivalent pay
and benefits that better accommodates reoccurring periods of leave
Unpaid Waiting period ∙ There does not seem to be a waiting period.
53
WHAT’S NEW IN CT
OREGON Paid Family & Medical Leave
Insurance
What is covered? Caring for and bonding with a child during the first year after the child’s birth or
during the first year after placement through adoption or foster care.
Caring for a family member with a serious health condition. Family members
include: spouses, domestic partners, children, step-children, parents, parents in-
law, step-parents, parents of a domestic partner, sibling, step-sibling or the sibling
or step-siblings of a spouse or domestic partner, grandchildren, grandparents,
grandparents of a spouse or domestic partner, grandparents spouse or domestic
partner or an individual related by blood or affinity equivalent to a family
relationship.
Employee’s own Medical Leave for a serious health condition.
Seeking certain legal or law enforcement assistance, medical treatment or
counseling, certain victim services, or relocation steps for a covered employee or
employee’s minor child or dependent related to domestic violence, harassment,
sexual assault or stalking as detailed in the existing safe leave law.
Duration Up to 12 weeks combined Family, Medical and safe Leave, in a 12-month benefit
year:
Two weeks Medical Leave
Eight weeks parental leave
Six weeks family member care
Additional state laws may grant 6 weeks unpaid leave
Amount paid 100 percent of employee’s average weekly wage if the employee’s average
weekly wage is equal or less than 65 percent of the state average weekly
wage.
If an employee’s average weekly wage is greater than 65 percent of the
state average weekly wage, the benefit is the sum of:
65 percent of the state average weekly wage plus 50 percent of the
employee’s average weekly wage that is more than 65 percent of the
state average. The maximum weekly benefit is 120 percent of the
state average weekly wage. This would be $1,253.28 if the program
was in effect in 2019.
OREGON Paid Family & Medical Leave
Insurance
Job Protection Yes
Health Benefits Yes
Who provides State or approved private plans
Who is covered? Businesses and organizations of all sizes are required to participate. Exceptions
include:
Self-employed individuals (may opt in to the state plan).
Federal employers.
Federally recognized tribal employers (may opt in to the state plan).
Who pays Combination of employee and employer.
Employers with less that 25 employees do not need to pay the employer portion
When does it start Contributions begin 1/1/2022
Payments begin 1/1/2023

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2020 outlook paid family and medical leave

  • 1. 2020 Outlook: Paid Family and Medical Leave January 29, 2020 John D. Robinson, CPCU Assistant Director, Absence Solutions The Hartford
  • 2. Matt Monahan Vice President, Employee Benefits Namely John D. Robinson, CPCU Assistant Director, Absence Solutions The Hartford Jacqueline Kirwan Manager, Benefits Consulting Namely Hello!
  • 3. ● Please participate in our polls ● You will be sent the recording and slides after the webinar ● Use the question box to ask questions YES
  • 4.
  • 5. DISCLAIMER Neither The Hartford nor its affiliates, employees or agents provide financial, tax, legal or accounting advice. Employers and claimants should always consult with qualified legal advisors when they have legal questions. 5
  • 6. AGENDA Current environment ● US vs. the rest of the world ● What an employer needs to know What is paid family leave? ● Who pays and what is paid? ● Impact Paid Family Leave vs. Paid Sick Leave Employer challenges ● Accruals ● Medical certification ● What to consider when implementing a PFL plan Tips Traps
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  • 11. Poll 1: How many of you have employees in a state that offers Paid Family and Medical Leave benefits?
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  • 17. Poll 2: Are you comfortable explaining Paid Family and Medical Leave benefits to your employees?
  • 18. WHAT IS PAID FAMILY LEAVE (PFL)? Paid leave which allows an employee to receive a portion of or all their wages while taking time off of work • Various qualifying reasons, including: • Baby Bonding Leave • Parental Leave • Military Leave • Caring for a sick covered family member
  • 19. Programs that provide income replacement to eligible workers for family caregiving Pay can come from: Formal (state based) insurance or statutory programs Formal (employer specific) policies Sick leave (statutory or voluntary) Paid Vacation leave Paid time off Employer-sponsored disability coverage Copyright 2017. Disability Management Employer Coalition (DMEC). All rights reserved. Family Medical leave Family care leave Paid Family Leave – what is it and what it is not Medical Leave for Self Leave to care for other family member Parental Leave Care for Newborn/Adop tion Maternity Leave Paternity Leave Short Term Disability Paid Time Off Source: DMEC 2016 Virtual Education Forum Parental Leave: Is it a Trend or Going Mainstream? April 19, 2016
  • 20. PAID FAMILY LEAVE – THE IMPACT Economic • Better retention • Little misuse of other accrual programs • Reduced public assistance after birth Social • Better baby bonding • Employee morale • Promotes parental bonding, equal for all parents SOURCE: DMEC 2016 Virtual Education Forum, Parental Leave: Is it a Trend or Going Mainstream?, 041916
  • 21. CURRENTLY IN THE UNITED STATES Federal Family and Medical Leave Act of 1993 typically provides up to 12 weeks of unpaid leave for eligible workers and: – 12% of private sector workers have access to some form of paid family leave – <40% of employees have access to paid medical leave – 1 in 4 new mothers returned to work within two weeks of giving birth – 5% of the lowest paid 25% of employees receive paid family leave, compared to 21% of the wealthiest 25% SOURCE: DMEC 2016 Virtual Education Forum, Parental Leave: Is it a Trend or Going Mainstream?, 041916
  • 22. Poll 3: How do you manage Paid Family and Medical Leave today?
  • 23. WHAT ARE EMPLOYERS DOING? • To maintain compliance with the increasing Paid Sick and Family Leave laws, employers are constructing their policies to be more generous than required and relying on external counsel to guide them • Over half (51%) organize their paid sick leave policy as part of PTO while 35% have a separate policy • Roughly a third (33%) are using one-on-one training as the most common method to keep managers up to date on new laws • More employers are outsourcing leave management and their satisfaction with vendors continues to increase • Outsourcing of FMLA management continues to increase ∙ 34% for employers 50+ ∙ 45% for employers 1,000+ SOURCE: DMEC 2016 Virtual Education Forum, Parental Leave: Is it a Trend or Going Mainstream?, 041916
  • 24. DON’T FORGET NON-COMPLIANCE COSTS MONEY AND TIME Back pay Reinstatement Compensatory damages Punitive damages Attorneys' fees to prevailing plaintiff Differs by state Cost to defend a lawsuit: $78,000 SOURCE: FMLA Violations Can Cause Serious Financial Risk to Your Company – GCG Insights: gcgfinancial.com/.../fmla- violations-that-can-cause-serious-financial- risk-to-your-com...Cached, Mar 9, 2016
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  • 27. PAID FAMILY LEAVE VS. PAID SICK LEAVE • California Connecticut • New Jersey Washington State • Rhode Island Oregon • New York Massachusetts • Washington State Currently, 9 states have paid family leave funded by employee/employ er contributions Paid family leave, at this point, is not an accrued benefit, but is something that is paid for by contributions, similar to an insured type of benefit. Paid Sick Leave/Sick and Safe legislations relate specifically to accrual of time through being employed, is not an insured benefit, and differs from state to state, with not all states having legislation.
  • 28. PENDING PAID SICK DAY CAMPAIGNS & LEGISLATION Allowing all employees to accrue time at some sort of legislated level: Alaska Arizona Florida Hawaii Illinois Iowa Louisiana Maryland Michigan Minnesota Nebraska Nevada New Hampshire North Carolina Pennsylvania South Dakota South Carolina Virginia Washington West Virginia Wisconsin
  • 29. HOW DO YOU MANAGE ALL OF THESE REQUIREMENTS SIMULTANEOUSLY? The changing employee landscape Accrual rollover calendar Eligibility requirement s Qualifying reason for leave Medical certification Probationary period Reason for use and other similarities Let’s talk more
  • 30. ACCRUAL/ROLLOVER CALENDAR FMLA allows employers to define “year” as a calendar year, fiscal year, any other fixed year, or “rolling period” Many employers choose to accrue, rollover or cap vacation time based on date of hire or fiscal year Accrual rates differ employer to employer Paid leave laws typically require accrual based on a fixed date (whether date of hire or calendar year), with little or no flexibility to adapt to existing employer policies
  • 31. MEDICAL CERTIFICATION EEOC interpreting the ADA provides guidance: “[A]n employer is entitled to know why an employee is requesting sick leave. An employer, therefore, may ask an employee to justify his/her use of sick leave by providing a doctor's note or other explanation, as long as it has a policy or practice of requiring all employees, with and without disabilities, to do so.” Paid family leave is managed very similarly to FML Some paid sick leave laws restrict Employers’ ability to obtain medical certification
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  • 34. COMMON ISSUES Definition of covered Family Member �NY: child, parent, grandparent, grandchild, spouse, or domestic partner and in-laws �NJ: child, spouse, domestic partner, civil union partner, parent �FMLA: child, spouse, parent Probationary Period: �All state laws require “probationary” period before paid family leave can be used by new employees �Rules differ by state Reasons for Use �very similar to FML and other state programs �mandatory postings �different payout requirements
  • 35. TRAPS Accruing time, waiting periods, definitions and benefits differ state to state, and could impact current leave and disability programs Does your HR handbook address all the available required paid family leave. When was the last time the handbook was updated? How does your current Leave, PTO, sick and vacation time program interact with legislated coverage? Who administers your current program and how it is monitored-is it consistent and compliant?
  • 36. TIPS Review your current paid sick time and PTO practices to ensure compliance with all applicable leave laws Consider the pros and cons of reinstituting traditional vacation and sick time policies versus PTO policy Assess and compare the specific paid sick time laws that apply to your organization to determine their similarities and differences, and the impact on your policies Determine whether to forgo company-wide sick time/PTO policies in favor of state specific sick time/PTO rules
  • 37. NEXT STEPS Review your plan against the states and locations you are doing business in or plan to do business Discuss with your legal team Consider outsourcing Continue to monitor – How is it all working
  • 38. THINGS TO REMEMBER DMEC Survey results indicate at least 20% of respondents are considering implementing some form of Paid Leave Survey employees: What do they want? Goal should be to positively impact employee morale, satisfaction and retention
  • 39. ADDITIONAL RESOURCES 39 TOPIC WEBSITE OWNER Leave Management www.dol.gov Department of Labor ADA www.eeoc.gov Equal Opportunity Employment Commission Return to work www.askjan.gov Ask Jan Industry information www.dmec.org Disability Management Employer Coalition Industry Data www.ibinet.org Integrated Benefit Institute Paid Medical/Family Leave https://www.thehartfo rd.com/paid-family- medical-leave The Hartford
  • 41. Poll 4: Are you interested in learning more about Namely Brokerage, or The Hartford?
  • 42. Legislated State/Municipal Paid Leaves Click the state below to learn more CA WARINY MA NJ DC Pending Sick Leave Legislation SF
  • 43. CALIFORNIA What is covered? PFL can be used either (1) to bond with a child within one year of the child’s birth or placement for foster care or adoption; or (2) to care for a family member with a serious health condition. What family members are covered? Worker’s child, parent, parent-in-law, spouse, domestic partner, grandchild, grandparent, or sibling Duration Up to 6 weeks in a 12-month period Amount paid For most workers, CA PFL benefits increased in 2018 to 60% for those making more than 33% AWW and 70% for those making up to 33%; the weekly max is now $1,216. Job Protection No Health Benefits No Who provides State or Private Who is covered? Workers covered by UI-Opt In options for public EE’s
  • 44. MASSACHUSETTS What is covered? PFL can be used either (1) to bond with a child within one year of the child’s birth or placement for foster care or adoption; or (2) to care for a family member with a serious health condition; or (3) some military; or (4) own serious health condition. Payable 2021 What family members are covered? Worker’s child, parent, spouse, domestic partner, grandchildren, grandparents, and siblings, as well as the parents of a spouse or domestic partner Duration 12 Paid Family Leave 20 weeks Paid Medical Leave (Disability) Combined not to exceed 26 weeks in a 52 week period Amount paid After a 7 day waiting period, workers on paid leave would earn 80% of their wages up to 50% of the SAWW and then 50% of their wages above that amount, up to $850/week cap. No wait for Maternity Job Protection Yes Health Benefits Yes Who provides State or Private Who is covered? All Private sector employees Deductions Effective Date Beginning July 2019
  • 45. NEW JERSEY What is covered? PFL can be used either (1) to bond with a child within one year of the child’s birth or placement for foster care or adoption; or (2) to care for a family member with a serious health condition. What family members are covered? Worker’s child, parent, spouse, domestic partner, or civil union partner Duration Up to 6 weeks in a 12-month period Amount paid For all covered workers, 2/3 of average weekly wage up to a cap, currently set at $637/week. Job Protection No Health Benefits No Who provides State or Private Who is covered? Workers covered by UI. Opt In options for public EE’s � BACK
  • 46. NEW YORK What is covered? PFL can be used either (1) to bond with a child within one year of the child’s birth or placement for foster care or adoption; or (2) to care for a family member with a serious health condition; or (3) some military. What family members are covered? Worker’s child, parent, parent-in-law, spouse, domestic partner, grandchild, or grandparent Duration Up to 8 weeks in 2018; When the program is fully phased in in 2021, up to 12 weeks in a 52 week period. There is also a 26 week max for disability and PFL together in a 52 week period. Amount paid For all covered workers, benefits will start at 50% of the worker’s average weekly wage, up to cap of 50% of the statewide average weekly wage. When the program is fully phased in in 2021, workers will receive 67% of their average weekly wage up to a cap of 67% of the statewide average weekly wage. Cap currently set at $652.96/week. Job Protection Yes Health Benefits Yes Who provides State or Private Who is covered? Most private-sector workers. Opt In options for public EE’s
  • 47. RHODE ISLAND What is covered? PFL can be used either (1) to bond with a child within one year of the child’s birth or placement for foster care or adoption; or (2) to care for a family member with a serious health condition. What family members are covered? Worker’s child, parent, parent-in-law, spouse, domestic partner, or grandparent Duration Up to 4 weeks in a 52-week period. Amount paid For all covered workers, 4.62% of wages in the highest earning quarter of the base year (or approximately 60% of a worker’s average weekly wage during that quarter), up to a cap, currently set at $831/week. Job Protection Yes Health Benefits Yes Who provides State Who is covered? Workers covered by UI. Opt In options for public EE’s � BACK
  • 48. WASHINGTON STATE What is covered? PFL can be used either (1) to bond with a child within one year of the child’s birth or placement for foster care or adoption; or (2) to care for a family member with a serious health condition; or (3) some military; or (4) own Serious Health condition. Payable 2020 What family members are covered? Worker’s child, parent, spouse, state-registered domestic partner, sibling, grandparent, grandchild Duration Employee’s own serious health condition and covered paid family leave – 12 weeks per 52 consecutive calendar weeks. No more than a maximum combined 16 weeks PFL/PML in a 52 week period outside of incapacity due to pregnancy complications which may allow an additional 2 weeks, totaling up to 18 weeks. Amount paid After a 7 day waiting period (no waiting period for bonding), workers on paid leave would earn 80% of their wages up to 50% of the SAWW and then 50% of their wages above that amount, up to a cap currently set at $850/week. Job Protection Yes Health Benefits Yes Who provides State or Private Who is covered? Most private-sector workers. Opt In options for public EE’s Deductions Effective Date Beginning January 2019
  • 49. WASHINGTON DC What is covered? PFL can be used either (1) to bond with a child within one year of the child’s birth or placement for foster care or adoption; or (2) to care for a family member with a serious health condition; or (3) own Serious Health condition. Payable 2020 What family members are covered? Child, parent, spouse, state-registered domestic partner, sibling or grandparent Duration Up to 8 weeks for bonding with a new child; up to 6 weeks for care of an ill family member with a serious health condition and up to 2 weeks for employee’s own serious health condition; With a combined maximum of no more than 8 weeks in a 52 week period Amount paid After a 7 day waiting period, workers on paid leave would earn ~71% of their wages up to a cap currently set at $1,000/week; see benefit calculator tool: https://does.dc.gov/page/district-columbia-paid-family-leave Job Protection Yes Health Benefits Yes Who provides Municipal sponsored plan – no private options Who is covered? Workers covered by UI. Deductions Effective Date Beginning July 2019
  • 50. SAN FRANCISCO PPL What is covered? Must be used in coordination with payment via California Paid Family Leave specifically related to a request for bonding (1) to bond with a child within one year of the child’s birth or placement for foster care or adoption. Duration Up to 6 weeks in a 12-monthperiod. Amount paid This is a top up benefit to bring employees up to 100% through a combination of CA PFL and SFPPL; up to a weekly cap currently set at $811 with a combined cap of $2,027 for 2018 claims. Job Protection No Health Benefits No Who provides Municipal driven ordinance mandating compliance thru a private plan Who is covered? Any employer with more than 20 employees (regardless of class or work location).
  • 51. WHAT’S NEW - CTPFML Law requirements CT Annual amount of leave ∙ 12 combined weeks of paid family and medical leave ∙ Additional 2 weeks for a serious health condition resulting in incapacitation that occurs during a pregnancy When do leaves begin ∙ 1/1/22 Reasons for medical leave ∙ Because of a serious health condition of the employee Additional reasons for leave ∙ To serve as an organ or bone marrow donor ∙ To address being a victim of family or domestic violence Reasons for family leave ∙ Upon the birth of a son or daughter of the employee; ∙ Upon the placement of a son or daughter with the employee for adoption or foster care; ∙ In order to care for a family member of the employee, if family member has a serious health condition ∙ Military Exigency Definition of Family member ∙ Spouse ∙ Sibling ∙ Son or Daughter ∙ Grandparent ∙ Grandchild ∙ Parent ∙ “An individual related to the employee by blood or affinity whose close association the employee shows to be the equivalent of those family members” ∙ 51 What’s new in CT
  • 52. Eligibility - Employee ∙ Earned not less than $2,325 in subject earnings during the employee's highest earning quarter within the base period (the first 4 of the last 5 most recent quarters) AND either is presently employed by an employer, A. has been employed by an employer in the previous twelve weeks, or B. is a self-employed individual or sole proprietor and Connecticut resident who has enrolled in the program pursuant to section 9 of this act Covered Employer ∙ Any ER who has 1 or more EEs in CT. ∙ ER does not include: ✔ Federal government; ✔ State or municipality ✔ Local or regional board of education ✔ Nonpublic elementary or secondary school Except: that the state, a municipal employer or local or regional board of education is an employer with respect to each of its covered public employees. Amount of Benefit for year #1 ∙ 95% of EE’s base weekly earnings up to 40X statutory minimum wage ∙ 60% of EE’s base weekly earnings above 40X statutory minimum wage ∙ Benefits capped at 60X statutory minimum wage ∙ Minimum Wage in CT is gradually increasing to $15 by mid 2023, so approx. limits are: ∙ 95% to $600 of weekly of wages ∙ 60% for weekly wages above $600 ∙ Cap of $900 per week 52 WHAT’S NEW IN CT
  • 53. Amount of premium for Year #1 ∙ .50% EE contributions up to the Social Security maximum Deductions may begin after 1/1/21 but must begin by 2/1/21 Private Plan –special rules that may affect pricing ∙ ERs may not charge EEs any more under private plan than the state program premium. ∙ Private plan cannot result in significant adverse selection risk to state or endanger solvency of state fund ∙ Private plan must be approved by a majority vote of the employees Intermittent leave permitted under both ∙ Upon birth of a child or adoption of a child the leave cannot be taken intermittently unless the employee allows for it ∙ For family caregiver leave, or EE Serious Health Condition, intermittent leave is allowed if medical necessary. If the intermittent leave is foreseeable based on planned medical treatment the employer may require the employee to temporarily transfer to a job of equivalent pay and benefits that better accommodates reoccurring periods of leave Unpaid Waiting period ∙ There does not seem to be a waiting period. 53 WHAT’S NEW IN CT
  • 54. OREGON Paid Family & Medical Leave Insurance What is covered? Caring for and bonding with a child during the first year after the child’s birth or during the first year after placement through adoption or foster care. Caring for a family member with a serious health condition. Family members include: spouses, domestic partners, children, step-children, parents, parents in- law, step-parents, parents of a domestic partner, sibling, step-sibling or the sibling or step-siblings of a spouse or domestic partner, grandchildren, grandparents, grandparents of a spouse or domestic partner, grandparents spouse or domestic partner or an individual related by blood or affinity equivalent to a family relationship. Employee’s own Medical Leave for a serious health condition. Seeking certain legal or law enforcement assistance, medical treatment or counseling, certain victim services, or relocation steps for a covered employee or employee’s minor child or dependent related to domestic violence, harassment, sexual assault or stalking as detailed in the existing safe leave law. Duration Up to 12 weeks combined Family, Medical and safe Leave, in a 12-month benefit year: Two weeks Medical Leave Eight weeks parental leave Six weeks family member care Additional state laws may grant 6 weeks unpaid leave Amount paid 100 percent of employee’s average weekly wage if the employee’s average weekly wage is equal or less than 65 percent of the state average weekly wage. If an employee’s average weekly wage is greater than 65 percent of the state average weekly wage, the benefit is the sum of: 65 percent of the state average weekly wage plus 50 percent of the employee’s average weekly wage that is more than 65 percent of the state average. The maximum weekly benefit is 120 percent of the state average weekly wage. This would be $1,253.28 if the program was in effect in 2019.
  • 55. OREGON Paid Family & Medical Leave Insurance Job Protection Yes Health Benefits Yes Who provides State or approved private plans Who is covered? Businesses and organizations of all sizes are required to participate. Exceptions include: Self-employed individuals (may opt in to the state plan). Federal employers. Federally recognized tribal employers (may opt in to the state plan). Who pays Combination of employee and employer. Employers with less that 25 employees do not need to pay the employer portion When does it start Contributions begin 1/1/2022 Payments begin 1/1/2023