October 28, 2022
COVID-19 Legislation
State and Local
Emergency Paid Sick Leave Updates
California COVID-19 Supplemental Paid Sick Leave
On September 29 the governor of California approved AB152, extending 2022 COVID-19 Supplemental Paid Sick Leave (SPSL) requirements, originally set to expire September 30, through December 31, 2022. This extension does not provide additional leave to employees, it simply extends the time period during which an employee’s existing SPSL balance may be used. Employees taking SPSL as of December 31 may finish taking the full amount of SPSL to which they are entitled. (Please refer to our March 4 Statutory Update and/or our side-by-side comparison for more details.)
The California Department of Industrial Relations (CA DIR) has updated their online resources, including the SPSL FAQ and the required notice.
AB152 also establishes the “California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program” to reimburse qualified businesses and nonprofits with between 26 and 49 employees up to $50,000 for costs associated with providing SPSL in 2022.
As a side note, on October 17 the governor announced that the state’s COVID-19 State of Emergency will end on February 28, 2023.
Colorado Healthy Families and Workplaces Act and Public Health Emergency Leave
Colorado’s Public Health Emergency Leave (PHEL), a component of the Healthy Families and Workplaces Act (HFWA), requires that, during a public health emergency, an employer must supplement the paid time an employee has accrued under HFWA with up to 80 hours of PHEL to use for reasons associated with the public health emergency.
PHEL requirements remain in effect until the expiration of “any and all” public health emergency declarations, and employees may take PHEL until four weeks after the end of the public health emergency period. On October 13 the nationwide COVID-19 public health emergency determination was renewed, and will likely remain in place for at least another 90 days. Following this announcement the Colorado Department of Labor and Employment (CDLE) updated its HFWA webpage to note that PHEL requirements associated with COVID-19 will apply through at least February 8, 2023.
CDLE released updated guidance on August 2 around HFWA and PHEL entitlements; however, another update is anticipated given the latest extension (see INFO #6B, located here).
Employers must provide written notice of employees’ rights and responsibilities under HFWA/PHEL. Notification requirements are outlined on page 8 of INFO #6B. Providing INFO #6B to employees satisfies the individual notice requirement; the model worksite poster may be found on CDLE’s Posters webpage (see ‘Colorado Paid Leave & Whistleblower Poster’, updated June 1).
Please see our side-by-side comparison for details on the Emergency Paid Sick Leave Laws.
Non-COVID-19 Legislation
State and Local
Paid Sick Leave Updates
Michigan Paid Medical Leave Act
A recent court decision will significantly impact accrued paid sick leave requirements in Michigan early next year.
History
Michigan’s accrued paid sick leave law began as a legislative petition filed with the Michigan Secretary of State by the MI Time to Care coalition in May of 2018. That September the state legislature voted to adopt the proposal, known as the Earned Sick Time Act (MI ESTA). Without this action the petition would have appeared on the state’s ballot in the November 2018 general election and, had voters approved it, any future revisions would also have to be put to public vote or be approved by 75% of the legislature. Shortly thereafter, the governor signed SB 1175/Public Act 369, substantially amending MI ESTA prior to its 2019 effective date and renaming it the Paid Medical Leave Act (MI PMLA).
In 2021 Mothering Justice and other plaintiffs filed suit against the state’s Attorney General, stating that the legislature’s “adopt and amend” action violated the state’s constitution and, therefore, MI PMLA is invalid and the original MI ESTA must be reinstated. The Michigan Court of Claims agreed and, on July 19, 2022, ruled in favor of the plaintiffs.
On July 20 the State of Michigan filed an appeal and requested a stay of the Court’s decision. On July 29 the Court denied a stay pending appeal, but agreed to delay enforcement through February 19, 2023, in order to allow employers and state agencies time to implement necessary changes.
What Now?
The course of the State’s appeal may bring additional updates. In the meantime, employers should prepare to update their policies and procedures so that they are compliant if the Court’s decision is upheld and MI ESTA is reinstated effective February 20, 2023. Below is a comparison of major points of each law.
| | |
| | Effective February 20, 2023E |
| Employers with 50 or more employees in Michigan; excludes the U.S. government, another state, or a political subdivision of another state. | All Employers except the U.S. government |
| Employees working an average of 25 hours per week.
Excludes certain groups of employees, including those exempt from FLSA (i.e., “Exempt” employees). | |
| 1 hour per 35 hours worked | 1 hour per 30 hours worked |
| Employer may limit accrual to 1 hour per week; 40 hours per year. | |
| Employer may frontload 40 hours at the beginning of the benefit year. | |
| | Small businesses (<10 employees): 40 hours; after 40 hours has accrued, 32 unpaid hours may be used
All other: 72 hours |
Minimum Increment for Use | 1-hour increments unless the employer has a different increment policy and the policy is in writing in an employee handbook or other employee benefits document. | The smaller of hourly increments or the smallest increment that the employer’s payroll system uses to account for absences or use of other time. |
| | Required (no limit stated) |
| -
To care for an employee’s own or a family member’s physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or for preventive care. -
To address the psychological, physical or legal effects suffered by the employee or a family member who is a victim of domestic violence or sexual assault. -
For closure of the employee’s place of business or a child’s school or place of care by order of a public official due to a public health emergency, or when it has been determined by the health authorities or by a health care provider that the employee’s or employee’s family member’s presence in the community would jeopardize the health of others because of the employee’s or family member’s exposure to a communicable disease. | -
To care for an employee’s own or a family member’s physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or for preventive care. -
To address the psychological, physical or legal effects suffered by the employee or a family member who is a victim of domestic violence or sexual assault. -
For meetings at a child’s school or place of care related to the child’s health or disability, or the effects of domestic violence or sexual assault on the child. -
For closure of the employee’s place of business or a child’s school or place of care by order of a public official due to a public health emergency, or when it has been determined by the health authorities or by a health care provider that the employee’s or employee’s family member’s presence in the community would jeopardize the health of others because of the employee’s or family member’s exposure to a communicable disease. |
Termination of Employment | No payout at separation of employment required. | No payout at separation of employment required. If the employee is rehired within 6 months, all accrued but unused time must be reinstated and available to the employee for immediate use. |
| Legal spouse
Child: Biological, foster, adopted, step, legal ward, child to whom the employee stands in loco parentis
Parent: Employee’s or Spouse’s biological, foster, step, adoptive, legal guardian, or person who stood in loco parentis when the employee was a minor
Grandparent
Grandchild
Biological, foster or adopted sibling
| Legal spouse or Domestic Partner
Child: Biological, foster, adopted, step, legal ward, Domestic Partner’s child, child to whom the employee stands in loco parentis
Parent: Employee’s, Spouse’s , or Domestic Partner’s biological, foster, step, adoptive, legal guardian, or person who stood in loco parentis when the employee was a minor
Grandparent
Grandchild
Biological, foster or adopted sibling
Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. |
Paid Family and Medical Leave Updates
California State Disability Insurance (CA SDI) and Paid Family Leave (CA PFL)
CA SDI and CA PFL Benefit Levels Extended
In 2016 AB908 was passed, which increased the income replacement level provided by CA SDI and CA PFL benefits from approximately 55% of an employee’s wages to 60%-70% effective January 1, 2018. This change was slated to sunset January 1, 2022, but was extended to January 1, 2023, by 2021’s AB138. On September 30 the governor of California approved SB951, providing further extension so that the current levels will stay in effect through 2024:
- For individuals with high quarter wages* of less than $929, the Weekly Benefit Amount (WBA) is $50;
- For individuals with high quarter wages equal to or greater than $929 but less than 1/3 of the state’s average quarterly wage (SAQW)**, the WBA is 70% of the claimant’s high quarter wages divided by 13, not to exceed the maximum WBA set by the state;
- For individuals with high quarter wages equal to or greater than 1/3 of the SAQW, the WBA is the greater of 23.3% of the SAWW or 60% of the claimant’s high quarter wages divided by 13, not to exceed the maximum WBA set by the state.
* The calendar quarter during which a claimant earned the most during their base period.
** State Average Quarterly Wage (SAQW) = the State Average Weekly Wage (SAWW) multiplied by 13. The SAWW for 2022 benefits is $1,570; the SAWW for 2023 benefits, along with the 2023 contribution rate and maximum WBA, is expected early next month.
For periods of leave beginning on or after January 1, 2025, the benefit formula will be adjusted as follows:
- For individuals with high quarter wages of less than $722.50, the WBA will be $50;
- For individuals with high quarter wages equal to or greater than $722.50 but 70% or less than the SAQW, the WBA will be 90% of the claimant’s high quarter wages divided by 13, not to exceed the maximum WBA set by the state;
- For individuals with high quarter wages greater than 70% of the SAQW, the WBA will be 70% of the claimant’s high quarter wages divided by 13, not to exceed the maximum WBA set by the state.
SB951 also removes the taxable wage limit for CA SDI and CA PFL contributions beginning January 1, 2024.
CA PFL Grants for Small Businesses
The California Employment Training Panel and the California Labor and Workforce Development Agency have funded a grant to assist small businesses with costs associated with employees utilizing the CA PFL program. Businesses with 100 employees or fewer may apply to receive up to $2,000 per employee collecting CA PFL benefits on or after June 1, 2022. Applications will be accepted through May 31, 2024, or until funds are exhausted. More information may be found on the California Paid Family Leave Grant website.
Colorado Family and Medical Leave Insurance (CO FAMLI)
Model Notice Released
The Colorado Department of Labor and Employment (CDLE) has posted the 2023 CO FAMLI Program Notice in the FAMLI Toolkit. The notice must be posted in a prominent location in the workplace and provided to employees at hire and upon learning of an employee experiencing an event that triggers a need for leave. It is recommended that the notice be distributed electronically to employees who do not frequent a physical worksite.
District of Columbia Paid Family Leave (DC PFL)
Maximum Weekly Benefit Increase and Updated Model Notice
The DC PFL Maximum Weekly Benefit increased from $1,009 to $1,049 for leaves beginning on or after September 25, 2022.
The Department of Employment Services (DOES) has released an updated Notice to Employees reflecting this increase as well as the maximum benefit duration increase for medical, parental and family caregiving leave to 12 weeks effective October 1, 2022. The notice must be posted conspicuously in the workplace and provided to employees at hire, annually and at the time of need for leave.
2023 PFML Benefits and Rates
The following information will be updated as each state releases their 2023 rates and benefit amounts.
California
State Disability Insurance (CA SDI) and Paid Family Leave (CA PFL)
|
| | |
| SDI: 52 weeks
PFL: 8 weeks
| |
| |
| If High Quarter earnings < 1/3 of the State’s Average Quarterly Wage (SAQW): 70%
If High Quarter earnings => 1/3 of the SAQW: 60% (SAQW = 13x SAWW) | No Change
SB951 extended current benefit levels through 2024. |
State Average Weekly Wage (SAWW) | | |
| |
Contribution Rate
Employee-Paid | |
| |
Maximum Employee Contribution | |
| |
Colorado Family and Medical Leave Insurance (CO FAMLI) |
| | |
| Benefits entitlement begins January 1, 2024 |
|
|
State Average Weekly Wage (SAWW) |
|
Contribution Rate (Employee & Employer Paid) | Contributions begin January 1, 2023 | .9%
“Small businesses” with <10 employees are not required to pay the employer contribution; employee contribution remains the same. |
Maximum Employee Contribution Rate | |
| |
| $1,441.80 ($720.90 Employee) per year |
| |
Connecticut Paid Leave (CT PL) |
| | |
| 12 weeks, +2 weeks for employee’s pregnancy incapacity Family Violence: 12 days | |
| |
| 95% of the employee’s Base Weekly Earnings equal to or less than 40 times the Minimum Fair Wage, plus
60% of the employee’s Base Weekly Earnings above 40 times the Minimum Fair Wage |
| $14/hour (Increased from $13/hour eff. 7/1/22) | No Change for 1/1/23 Increases to $15/hour eff. 6/1/23 |
Maximum Weekly Benefit (60x MFW) | $840 (Increased from $780 eff. 7/1/22) | No Change for 1/1/23 Increases to $900 eff. 6/1/23 |
Contribution Rate Employee-Paid | | |
| | |
Maximum Employee Contribution | | |
| |
Delaware Paid Family and Medical Leave (DE PFML) |
Contributions begin January 1, 2025; benefits entitlement begins January 1, 2026. |
District of Columbia Paid Family and Medical Leave (DC PFML) |
| | |
| Own Illness: 12 weeks (Increased from 6 weeks eff. 10/1/22) Family Care: 12 weeks (Increased from 6 weeks eff. 10/1/22) Bonding: 12 weeks (Increased from 8 weeks eff. 10/1/22) Pre-natal Medical Leave: 2 weeks Combined maximum: 12 weeks in a 52-week period (potential for 14 weeks Pre-natal and Parental combined) | |
| |
| If EAWW* =< 150% of DC min. wage x 40: 90%
If EAWW > 150% of DC min. wage x 40: 90% of 150% of DC min. wage x 40 plus 50% of the difference of the EAWW and 150% of DC min. wage x 40
*Employee’s Average Weekly Wage, as defined |
| | |
| $1,049 (Increased from $1,009 for leaves beginning on or after 9/25/22) |
Contribution Rate Employer-Paid | .26% (Reduced from .62% eff. 7/122) |
| |
| Notice posted and provided at hire, annually and at the time of need for leave. The '2022 Notice to Employees' is dated 10/2022 and includes the Maximum Weekly Benefit increase and the 10/1/22 Maximum Duration changes. |
Hawaii Temporary Disability Insurance (HI TDI) |
| | |
| | |
| |
| |
| | |
Employee Contribution Rate Employee- and Employer-Paid; Employer pays any balance required | Up to ½ of plan costs, max .5% | |
| | |
Maximum Employee Contribution | |
| |
Maryland Paid Family and Medical Leave (MD PFML) |
Contributions begin October 1, 2023; benefits entitlement begins January 1, 2025. |
Massachusetts Paid Family and Medical Leave (MA PFML) |
| | |
| Own Illness: 20 weeks Family Care: 12 weeks Bonding or Qualifying Exigency: 12 weeks Injured Servicemember: 26 weeks Combined maximum: 26 weeks in a 52-week period | |
| 7 days, except for bonding leave immediately following pregnancy disability |
| 80% of EAWW* =< 50% of SAWW, plus
50% of EAWW > 50% of SAWW * Employee’s Average Weekly Wage, as defined |
State Average Weekly Wage (SAWW) | | |
| | |
Contribution Rate Employee- and Employer-Paid | 68% Total Contribution .56% Medical, .12% Family Care
Employers with <25 employees in MA are not required to pay the employer contribution; employee contribution remains the same. | .63% Total Contribution .52% Medical, .11% Family Care
Employers with <25 employees in MA are not required to pay the employer contribution; employee contribution remains the same. |
Maximum Employee Contribution Rate | .344% (.224% Medical, .12% Family Care) | 318% (.208% Medical, .11% Family Care) |
| | |
| $999.60 (~$505.68 Employee) per year | $1,009.26 (~$509.44 Employee) per year |
Financial Eligibility Test | | Expected early-/mid-December |
| Worksite poster, plus individual notice provided within 30 days of hire (employee acknowledgment required). Employers are required to give notice to employees 30 days in advance of a rate change (i.e., by December 2). (2023 versions are expected November 1; check back here) |
New Hampshire Paid Family and Medical Leave Insurance (NH PFML) |
| | |
| Voluntary for private employers and individuals.
Benefit amounts at right reflect those under insured plans available through MetLife beginning January 1, 2023.
Visit the NH PFML and MetLife websites for more information. | Group Plans: 6- or 12-week options Individual: 6 weeks |
| |
| |
| |
Maximum Weekly Benefit (60% of SSA Taxable Wage Base (weekly)) | |
New Jersey Temporary Disability Insurance (NJ TDI) and Family Leave Insurance (NJ FLI) |
| | |
| TDI: 26 weeks FLI: 12 weeks | |
| TDI: 7 days* FLI: None * Except for bone/organ donation and during state of emergency; payment is retroactive if disability lasts longer than 21 days |
| |
| | |
State Average Weekly Wage (SAWW) | | |
Employee Taxable Wage Base | | |
Employee Contribution Rate NJ TDI is Employee- and Employer-Paid, Employer contribution rate varies; NJ FLI is Employee-Paid | | |
Maximum Employee Contribution | TDI: $212.66 FLI: $212.66 per year | TDI: N/A FLI: $94.08 per year |
Employer Taxable Wage Base | | |
Alternative Earnings Test | | |
| | |
| Notice posted in the workplace and provided at hire and at the time of need for leave.
Employers with self-funded private plans must also post an "Annual Notice to Employees”. This notice must be updated annually and a copy sent to the Private Plan Compliance Section. A sample is included in the Self-Insured Private Plan Guide. |
New York Disability Benefits Law (NY DBL) |
| | |
| 26 weeks Max. 26 weeks in a 52-week period combined with NY PFL | |
| |
| |
| |
Employee Contribution Rate Employee- and Employer-Paid; Employer pays any balance required | |
Maximum Employee Contribution | |
| Posted Notice of Compliance (DBL-120 for insured plans) or Certificate of Participation in Group Disability Self-Insurance (DB-120.2 for self-funded plans), as well as a Statement of Rights (DB-271S) provided at the time of need for leave. |
New York Paid Family Leave (NY PFL) |
| | |
| 12 weeks Max. 26 weeks in a 52-week period combined with NY DBL | Note: 2021’s S2928A added siblings as covered family members effective January 1, 2023 |
| |
| |
State Average Weekly Wage (SAWW) | | |
| | |
Contribution Rate Employee-Paid | | |
Maximum Employee Contribution | | |
| Posted Notice of Compliance (PFL-120 for insured plans, employers with self-funded plans may request from NY WCB), as well as a Statement of Rights (PFL-271S – 2023 version available) provided at the time of need for leave. |
Oregon Paid Family and Medical Leave (OR PFML) |
| | |
| Benefits entitlement begins September 3, 2023 | 12 weeks per 12-month period, with an additional 2 weeks for pregnancy limitations.
An employee may be eligible for up to 16 weeks (18 weeks with pregnancy limitations) of paid OR PFML and unpaid OR Family Leave Act (OFLA) leave in a Benefit Year. |
| |
| If EAWW* =< 65% of SAWW: 100%
If EAWW > 65% of SAWW: 65% of SAWW plus 50% of EAWW that is greater than SAWW
*Employee’s Average Weekly Wage, as defined |
State Average Weekly Wage (SAWW) | Currently $1,224.82 (7/1/22-6/30/23) Changes each July 1
Please Note: We previously reported the current SAWW as $1,325.24 per Bulletin No. 111 re: Workers Compensation. We apologize for any confusion. |
Maximum Weekly Benefit (120% of SAWW) | $1,469.78 based on current SAWW |
Contribution Rate (Employee and Employer Paid) | Contributions begin January 1, 2023 | 1.0%
Employers with <25 employees nationwide are not required to pay the employer contribution; employee |
Maximum Employee Contribution Rate | |
| |
| |
| No later than January 1, 2023, employers must post the model notice (found on the Resources webpage) at each work site and provide it electronically or by mail to any remote workers. |
Puerto Rico Seguro por Incapacidad No Ocupacional Temporal (SINOT) |
| | |
| | |
| 7 days, except for hospitalization |
| |
| |
Employee Contribution Rate (Employee and employer paid) | .6% of first $9,000 of earnings |
| .3% of first $9,000 of earnings $27 per year |
| Worksite poster as well as individual certificate/notice of benefits |
Rhode Island Temporary Disability Insurance (RI TDI) and Temporary Caregiver Insurance (RI TCI) |
| | |
| TDI: 30 weeks TCI: 5 weeks Combined maximum: 30 weeks in a 52-week period | TDI: No Change TCI: 6 weeks Combined maximum: 30 weeks in a 52-week period |
| TDI: None* TCI: None * Benefits are paid retroactively to first day if disability lasts at least 7 days | |
| 4.62% of wages paid in the highest quarter of the Base Period | |
| $1,007; $1,359 with dependency allowance (7/1/22 - 6/30/23) |
Contribution Rate Employee-Paid | | |
| |
Maximum Employee Contribution | |
Financial Eligibility Test | $14,700 in Base Period earnings; or -
$2,450 in at least one Base Period quarter; -
Base Period taxable wages at least 1.5x highest quarter of earnings; and -
$4,900 of taxable wages in Base Period. |
| Worksite poster (2023 version of the Combination Poster will follow the rate release) |
Washington Paid Family and Medical Leave (WA PFML)
|
| | |
| Own Illness: 12 weeks; +2 weeks for pregnancy incapacity (PI)
Family Care: 12 weeks
Combined maximum: 16 weeks in a 52-week period (18 weeks w/PI) | |
| 7 days, except for medical leave for childbirth (eff. 6/9/22), bonding leave or qualifying exigency |
| If EAWW* =< 1/2 SAWW: 90%
If EAWW > 1/2 SAWW: 90% of 1/2 of the SAWW plus 50% of the difference of the EAWW and 1/2 of the SAWW
*Employee’s Average Weekly Wage, as defined |
State Average Weekly Wage (SAWW) | | |
Maximum Weekly Benefit Based on 90% of SAWW | | |
Contribution Rate Employee- and Employer-Paid | .6% Total Contribution
Employers with <50 employees in WA are not required to pay the employer portion of premium; employee contribution remains the same. | .8% Total Contribution
Employers with <50 employees in WA are not required to pay the employer portion of premium; employee contribution remains the same. |
Maximum Employee Contribution Rate | 73.22% of Total Contribution (~.4393% of wages) | 72.76% of Total Contribution (~.582% of wages) |
| | |
| $882 Total (~$645.80 Employee) per year | $1,281.60 Total (~$932.49 Employee) per year |
| |
Other News
Federal
EEOC Releases New ‘Know Your Rights’ Poster
On October 19 the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release to announce the new ‘Know Your Rights’ poster. The new poster replaces the current ‘Equal Employment Opportunity is the Law’ poster and was created in an effort to more clearly outline employers’ responsibilities and employees’ legal rights. Changes include:
- straightforward language and formatting;
- the addition that harassment is a prohibited form of discrimination;
- clarification that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;
- the addition of a QR code for fast digital access to the ‘How to File a Charge of Employment Discrimination’ webpage; and
- information about equal pay discrimination for federal contractors.
Posting guidelines:
- Although the EEOC hasn’t specified a date by which employers must replace the current poster with the new version, it is recommended that this be done as soon as possible to avoid fines for noncompliance.
- The poster must be displayed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.
- Employers are also encouraged to post a notice digitally on their websites in a conspicuous location.
- The Americans with Disabilities Act (ADA) requires that notices of Federal laws prohibiting job discrimination be made available in a location that is accessible to applicants and employees with disabilities that limit mobility.
- Printed notices should also be made available in an accessible format, as needed, to persons with disabilities that limit the ability to see or read. Notices can be recorded on an audio file, provided in an electronic format that can be utilized by screen-reading technology or read to applicants or employees with disabilities that limit seeing or reading ability.
The poster is available on the EEOC’s dedicated webpage in English and Spanish (additional translations coming soon), in versions suitable for print and for electronic posting.
USERRA Amendment – The CREW Act
On September 29 President Biden signed the Civilian Reservist Emergency Workforce Act of 2021 (CREW Act) (S2293/Public Law No. 117-178), immediately amending Section 5149 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC Ch. 68) and Sections 4303 and 4312 of the Uniformed Services Employment and Reemployment Rights Act (USERRA) (38 USC Ch. 43).
The CREW Act extends USERRA’s employment protections to Federal Emergency Management Agency (FEMA) reservists who deploy to major disaster and emergency sites. It allows these individuals to claim rights under USERRA even if they do not provide notice of their absence from work due to their deployment.
State and Local
California Employment Law Updates
On September 29 the governor of California approved the following legislation, all of which become effective January 1, 2023:
- Definition of Family Member Expanded under CFRA, CA Paid Sick Leave and CA Kin Care
- AB1041 expands the definition of family member under the California Family Rights Act (CFRA) and the state’s Paid Sick Leave and Kin Care laws to include a “designated person”, defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship. This individual may be identified by the employee at the time leave is requested, and employers may limit an employee to one designated person per 12-month period.
- Bereavement Leave
- AB1949 adds Section 12945.7 to Chapter 6 of the CA Government Code to provide leave for bereavement. The new law:
- Applies to employers with 5 or more employees, and to individuals who have been employed by the employer for at least 30 days prior to leave.
- Excludes state employees eligible for paid bereavement leave under CA Gov. Code 19859.3* and employees covered by a valid collective bargaining agreement that expressly provides for equivalent bereavement leave.
* These employees are eligible for 3 paid bereavement days, with an additional 2 unpaid days available if the family member’s death occurred out-of-state. AB1949 amends this so that the additional 2 days are available regardless.
-
- Entitles covered employees to up to 5 days of bereavement leave upon the death of a family member.
- “Family member” is as defined under the California Family Rights Act (CFRA).
- The 5 days need not be taken consecutively, but are only available within 3 months of the date of loss.
- Bereavement leave is separate from the 12 weeks of leave provided under CFRA.
- Leave is unpaid, though an employee may substitute paid vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available.
- Leave must be taken in accordance with an employer’s bereavement leave policy, as long as the employee is permitted to take a minimum of 5 days of leave. As noted above, an employee may use other available paid time off for any days unpaid under the employer’s policy.
- An employer may request documentation of the family member’s death, such as a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
- Prohibits an employer from in any way interfering with an employee’s right to take leave under the law. Employers must maintain an employee’s confidentiality, including any documentation provided to support the need for leave.
- Employee Protections During Emergency Conditions
- SB1044 adds Chapter 11/Section 1139 to Division 2 of the CA Labor Code stating that, in the event of an emergency condition, an employer is prohibited from:
- taking or threatening any adverse action against an employee for refusing to report to, or leaving, a workplace or worksite because the employee has a reasonable belief that the workplace or worksite is unsafe*; or
- preventing an employee from accessing their mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to verify their safety**.
* Excludes employees performing essential functions (e.g., emergency services, patient care, etc.); see 1139(b)(1)(A-M) for the full list.
** See 1139(b)(2)(C) for excluded employees.
- An “emergency condition” is defined as the existence of:
- conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act; or
- an order to evacuate a workplace, a worksite, a worker’s home, or the school of a worker’s child due to natural disaster or a criminal act.
For the purposes of this law, an emergency condition does not include a health pandemic.
Please contact your MMA account team members with specific questions about this or other updates, and stay up to date with the latest news and information by subscribing to the MMA ADL blog: https://mma-adl.com/blog/
This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. Marsh & McLennan Agency LLC shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting or legal matters are based solely on our experience as consultants and are not to be relied upon as actuarial, accounting, tax or legal advice, for which you should consult your own professional advisors. Any modeling analytics or projections are subject to inherent uncertainty and the analysis could be materially affected if any underlying assumptions, conditions, information or factors are inaccurate or incomplete or should change. d/b/a in California as Marsh & McLennan Insurance Agency LLC; CA Insurance Lic: 0H18131. Copyright © 2022 Marsh & McLennan Agency LLC. All rights reserved. MarshMMA.com
