Connecting with Compliance

Last month the Oregon Employment Department (OED) announced that the contribution rate for OR PFML beginning January 1, 2023, will be 1% of employees’ wages (the law itself indicated that the rate was “not to exceed” 1%). The maximum wages subject to contribution will be $132,900. Of the total rate employers will contribute 40% and employees will contribute 60%. Employers with fewer than 25 employees nationwide are not required to pay the employer portion of the contribution. Employers may elect to pay the required employee contributions, in whole or in part, as an employer-offered benefit.

On May 10 the governor of Delaware signed the Healthy Delaware Families Act (SB1), establishing the “Delaware Family and Medical Leave Insurance Program” to provide job-protected paid leave to employees working in the state. Below is a summary of the law’s text.

On April 9 the Maryland General Assembly enacted the Time to Care Act of 2022 (SB275), overriding the governor’s veto the day before. The Act establishes the “Maryland Family and Medical Leave Insurance Program” to provide job-protected paid family and medical leave to employees working in the state. Provided is a summary of the law’s text. Regulations defining provisions and requirements are scheduled to be adopted by June 1, 2023.

On March 9 the mayor of Philadelphia signed Bill No. 220051-A, resurrecting the city’s Public Health Emergency Leave that expired last summer and renaming it “COVID-19 Leave”. Effective Dates: March 9, 2022 through December 31, 2023 Applies to: All Employers with 25 or more employees (2021 PHEL applied to employers with 50 or more employees); Employees who work for an employer within Philadelphia after March 9, 2022; normally work within Philadelphia but are currently teleworking from any other location as a result of COVID-19; or work for the employer from multiple or mobile locations, provided that 51% or more of their work time is spent in Philadelphia.

Long Beach: With the recent reinstatement of statewide COVID-19 Supplemental Paid Sick Leave (SPSL) effective February 19 (see our March 4 Statutory Update for details), Long Beach’s SPSL ordinance has ended and only the state’s requirements apply.

Our February 3 Statutory Update included mention that legislation reinstating “COVID-19 Supplemental Paid Sick Leave” was awaiting final approval. On Wednesday, February 9, SB114 was signed by the governor. Effective Date: February 19, 2022 COVID-19 Supplemental Paid Sick Leave (SPSL) requirements are applicable retroactively to January 1, 2022, through September 30, 2022.

On January 25 the governor of California and members of the state legislature announced that they reached an agreement regarding reinstatement of COVID-19 Supplemental Paid Sick Leave. In its current form, the proposed legislation (AB84 / SB114, as of February 2) features requirements that largely resemble those of the 2021 law that expired on September 30: Applies to employers with 26 or more employees.

2022 Statutory Disability & Paid Family and Medical Leave Benefits and Rates

Emergency Paid Sick Leave (EPSL) Updates: Fairfax, CA: On September 1, Fairfax, CA’s Town Council passed Ordinance No. 857, requiring employers with 25 or fewer employees (i.e., employers not covered by the state’s SPSL requirements) to provide ‘COVID-10 Supplemental Sick Leave’ to their employees. The ordinance was effective immediately and expired September 30, 2021. Long Beach, CA: Long Beach’s ordinance has no set expiration date; rather, the ordinance’s status is re-evaluated by the City Council every 90 days. On November 1 the Council issued its recommendation that Supplemental Paid Sick Leave requirements sunset on December 31, 2021.

Expiration of Tax Credits for Voluntary FFCRA Leave – Tax credits offered under the American Rescue Plan Act, available to employers who voluntarily provided Emergency Paid Sick Leave and Emergency Family and Medical Leave following the expiration of FFCRA, ended on September 30. State and Local Emergency Paid Sick Leave (EPSL) – The following EPSL Ordinances expired September 30, 2021: California State: Any employee on EPSL on September 30 may finish taking leave. Note: Exclusion pay under Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS) is still in effect – for more information on the ETS’ requirements see the CA Department of Industrial Relations’ (DIR) dedicated webpage and accompanying FAQ.

On June 24 the Cook County Board of Commissioners adopted the COVID-19 Vaccination Rights for Employees and Prohibition of Retaliation by Employers Ordinance (Ordinance No. 21-3171). Effective July 1, 2021, the ordinance states that employers who require employees to be vaccinated against COVID-19 must provide up to four hours of paid time off per dose if the appointment falls during the employee’s shift; if vaccination is not a requirement of employment, employees must be permitted to use available paid time off. In addition, employers may not require that employees obtain COVID-19 vaccination only during non-work hours, and are prohibited from retaliating against an employee for taking time during a shift to get vaccinated, or requiring an employee to find a replacement worker to cover hours missed. Details around enforcement and penalties can be found within the ordinance’s text.

The Occupational Safety and Health Administration’s (OSHA) COVID-19 Healthcare Emergency Temporary Standard (ETS) became effective on June 21, following its publication in the Federal Register.  Healthcare employers must comply with most provisions by July 6, 2021, and with training, ventilation and barrier provisions by July 21, 2021. Section 1910.502(l)(4) of the ETS includes instructions for removing an employee providing healthcare services or healthcare support services* from the workplace when the employee has tested positive for or diagnosed with COVID-19