Embracing DEIB in leave of absence policies: A path to inclusive workplaces

In a recent DMEC webinar titled “The Intersection of LOA and DEIB – How DEIB Initiatives are Influencing the Leave Landscape,” we discussed how Diversity, Equity, Inclusion, and Belonging (DEIB) initiatives are impacting Leave of Absence (LOA) options at the statutory and employer levels. More importantly, we explored how and why incorporating DEIB principles into leave policies can effectively reflect these values and meet employees’ diverse needs. In this blog, we will highlight some of the key points from that session.

Multiracial smiling three colleagues talking and working with laptop in office

DEIB and the Regulatory Landscape

DEIB initiatives seem to be driving significant expansion of statutory LOA requirements. Regulatory changes continue to expand benefits and employer obligations. As these programs expand or are created, we see shifts in employee eligibility, covered leave reasons, or enhancements to benefits for those who need specific types of leave. These changes are making programs more inclusive and available to a diverse workforce.

Recent examples:

  • Accrued Paid Sick Leave: Connecticut is expanding the existing sick leave requirements to cover more Connecticut employees. Also, in the November election, Alaska, Missouri, and Nebraska voted to implement new paid sick leave requirements.
  • Special Use Leaves:
    • Beginning January 1, 2025, New York employers will be required to provide paid sick leave specifically for prenatal care, in addition to the existing sick leave requirements.
    • The federal Pregnant Workers Fairness Act (PWFA) expands how and when employers must offer accommodations related to pregnancy. This is not a simple expansion of the ADA but also creates an obligation for employers to provide unpaid leave in certain circumstances.
  • Bereavement: A few states are creating bereavement-specific LOA requirements, but others are adding bereavement as a covered leave reason under existing Paid Family and Medical Leave (PFML) or accrued paid sick leave laws.

DEIB and Employer LOA Policies

Many employers are going beyond statutory requirements to create DEIB-influenced LOA policies. These companies offer comprehensive leave options that address the diverse needs of their employees. For example, a Marsh McLennan Agency Absence Disability and Life client, who co-presented at the DMEC webinar, has focused on expanding their LOA offerings to support a wide range of employee needs better, offering flexible parental leave for all genders, family caregiver support, and a variety of other non-LOA types of support for employees facing catastrophic diagnoses or challenges with aging. These policies support employees and demonstrate a commitment to equity and belonging.

Pregnant business woman doing video call at office

Strategies and Next Steps

Implementing DEIB-driven LOA policies requires thoughtful planning and execution. Before launching new or expanded LOA programs, employers should ensure that these policies align with organizational goals and take steps to ensure success. This may include:

  • Identify areas of improvement: Assess existing LOA offerings and usage to help determine whether new or expanded LOA options will have the desired impact. Be sure to review statutory requirements that may impact any new programs.
  • Engage employees: Solicit employee feedback to understand their needs and preferences regarding LOA options.
  • Assess costs and impacts: Analyze potential costs of the new program, including how projected usage may impact productivity and staffing.
  • Develop and implement policies: Create policies that outline details for the new LOA program(s) and are essential for educating and training HR and Managers about the programs.
  • Promote awareness: Communicate the availability and benefits of inclusive leave policies to all employees and encourage them to use these new LOA programs when applicable.

How can Marsh McLennan Agency’s Absence, Disability, & Life Practice help?

With 25 years of specialized experience, we recognize that effective LOA strategies are vital for compliance and fostering an inclusive workplace culture. By partnering with us, you can enhance your LOA programs to meet the diverse needs of your workforce, ensuring equitable access to benefits. Reach out today, and let’s discuss how we can work together to reinforce your commitment to DEIB and transform your LOA initiatives into a strategic advantage.

December 2024 Statutory Update

Click HERE to view and download the full Update

In this Update:

Paid Family and Medical Leave Updates

Colorado Family and Medical Leave Insurance (CO FAMLI) – Updated Regulations

Maine Paid Family and Medical Leave (ME PFML)

Reminders

Updated Resources

Final Regulations

Minnesota Paid Leave (ME PL) – Updated Resources, Proposed Regulations

 

Accrued Paid Leave Updates

Cook County, IL Paid Leave – Updated Regulations

Voters in Three States Approve Accrued Paid Leave for 2025

May 1: Missouri Earned Paid Sick Time

July 1: Alaska Paid Sick Leave

October 1: Nebraska Healthy Families and Workplaces Act

 

Other News

New York Paid Personal Prenatal Leave – Guidance

 

2025 Paid Family and Medical Leave (PFML) Rates, Benefits and Required Notices

October 2024 Statutory Update

Click HERE to view and download the full Update

In this Update:

Paid Family and Medical Leave Updates

California State Disability Insurance (CA SDI) and Paid Family Leave (CA PFL)

Use of Vacation Time Prior to Receipt of CA PFL Benefits
Advance Filing of CA SDI and CA PFL Claims

Delaware Paid Family Leave (DE PFL) – Revised Regulations

District of Columbia Paid Family Leave (DC PFL) – Maximum Weekly Benefit Increase

Maine Paid Family Leave (ME PFL)

Updated Resources
Paid Leave Portal – Employer Registration and Private Plan Application

Maryland Family and Medical Leave Insurance (MD PFAMLI) Status Update

Massachusetts Paid Family and Medical Leave (MA PFML) Benefit Accruals During Leave

 

Accrued Paid Leave Updates

California Paid Sick Leave – Amendment

Massachusetts Earned Sick Time – Amendment

Michigan Earned Sick Time – Updated Resources

 

Other News

 California – Anti-Discrimination, Accommodations and Leave for Crime Victims – Amendment

 

Important Reminders 

October – December

Colorado Family and Medical Leave Insurance (CO FAMLI) – Private Plan Requirements

Delaware Paid Leave (DE PL)

Employer Registration, Private Plan Application, and Opt-In
Model Notice Available

District of Columbia Paid Family Leave (DC PFL) – Contribution Rate Change for Q3 Remittance

Minnesota Paid Leave (MN PL) – Quarterly Wage Detail Reporting Due October 31

 

January

California State Disability Insurance (CA SDI) and Paid Family Leave (CA PFL) –  2025 Benefit Formula

Connecticut Paid Sick Leave – Applies to Most Employers Beginning January 1; Model Notice Available

Delaware Paid Leave (DE PL) – Contributions Begin January 1

Maine Paid Family and Medical Leave (ME PFML)

Contributions Begin January 1
Model Notice Available

New York Paid Prenatal Personal Leave – Becomes Effective January 1

Paid Leave Oregon (PLO) – Reasons for Leave Expand Effective January 1

Rhode Island Temporary Caregiver Insurance (RI TCI) – Maximum Duration Increases January 1

 

2025 Paid Family and Medical Leave (PFML) Rates, Benefits and Required Notices

August 2024 Statutory Update

Click HERE to view and download the full Update

In this Update:

Family and Medical Leave Updates

California Family Rights Act (CFRA) – Small Employer Family Leave Mediation Program

California Paid Family Leave (CA PFL) – Small Business Grants

Colorado Family and Medical Leave Insurance (CO FAMLI)

SAWW Increase eff. 7/1/24

Maximum Weekly Benefit Increase eff. 1/1/25

Delaware Paid Leave (DE PL)

Amendment

Model Notice Available

District of Columbia Paid Family Leave (DC PFL)

Contribution Rate Increase eff. 7/1/24

Weekly Benefit Increase eff. 7/1/24

Massachusetts Paid Family and Medical Leave (MA PFML) – Retroactive Private Plans

Oregon Family Leave Act (OFLA) – Updated Model Notice

Paid Leave Oregon (PLO) – SAWW and Maximum Weekly Benefit Increase eff. 7/7/24

Rhode Island Temporary Disability Insurance (RI TDI) and Temporary Caregiver Insurance (RI TCI)

Maximum Weekly TDI and TCI Benefit Increase eff. 7/1/24

Maximum TCI Benefit Duration Increase eff. 1/1/25

Washington Paid Family and Medical Leave (WA PFML) – SAWW and Maximum Weekly Benefit Increase eff. 1/1/25

Paid Family Leave as a Class of Insurance – South Carolina

Accrued Paid Leave Updates

Michigan Accrued Paid Leave – Earned Sick Time Act (MI ESTA) Reinstated eff. 2/21/25 

Other News

New York Paid Breaks for Nursing Employees – Updated Resources

Important Reminders 

August 

Massachusetts Paid Family and Medical Leave (MA PFML) – Private Plan Reporting Due 8/31

Paid Leave Oregon (PLO) – Equivalent Plan Renewals

September

Delaware Paid Leave (DE PL) – Employer Registration Begins 9/1

October

Minnesota Paid Leave (MN PL) – Quarterly Wage Detail Reporting Due 10/31

Across the Map of Paid Sick Leave

Marsh Mclennan Agency’s most recent statutory update covered a broad spectrum of topics, including PWFA and paid statutory leaves across the map. It also provided overviews of various paid sick leave regulations and updates in Washington, Illinois, and New York. For this blog post, we discuss what changed and some resources you may find helpful.

USA Map with pins

Washington

Let’s start out west, where Washington’s paid sick leave will be expanding, becoming effective January 1, 2025. Reasons for leave will include the closure of an employee’s child’s school or daycare due to an emergency declared by the state or local government. It will also expand the definition of covered relationships, which now includes absences for a child’s spouse and a non-family member who lives with and depends on the employee.

Whenever there are clarifications or updates such as these it is a good time to make sure your paid sick leave policy, notices, and various education materials are up to date. Washington State Department provides some great reference resources on their website to help guide you as well.

 

Thermometer, father and sick child in bed to sleep with a fever with paternity leave to check temperature. Black girl kid and a man together in bedroom for medical risk, health test and virus problem

Illinois

Next stop, Illinois, where we saw some clarifications of the Illinois Paid Leave for All Workers Act (PLAWA) when the final became effective April 30, 2024. This Illinois law is similar to accrued paid sick leave requirements that we see in many other states, but covers absences for any reason (not limited to employee’s own sickness or caring for a family member, etc.) and carves out employers that are covered by existing city/county ordinances. Like Washington, the Illinois Department of Labor website has some great resources, including employee notices that can be leveraged.

Which leads us to Cook County, which has no major updates or changes, and Chicago. Chicago’s “new” Paid Leave and Paid Sick and Safe Leave ordinance became effective July 1, 2024. It goes beyond many other state/local sick leave regulations by providing a total of 80 hours of paid leave, 40 hours of more traditional sick leave, and 40 hours that can be used for any reason. A few things to keep in mind:

  • Ensure your policies adhere to the standard put in place
  • Employers should be aware that they must provide notice to all covered employees with their first paychecks and information available in common areas of the workplace.

The Department of Business Affairs and Consumer Protections has a great FAQ available that provides many answers you may be looking for.

 

New York

Next, we head further east to New York, where the state enacted a first-of-its-kind legislation expanding paid sick leave to provide an additional 20 hours of paid prenatal leave. This paid time off is an amendment to the existing paid sick leave law, but employers must provide pregnant employees with separate and additional 20 hours beginning January 1, 2025.

We will have more information as we hear updated details and guidance from the state, and we will start to watch for other locations that might copy New York’s approach.

Close up of cute pregnant belly and x ray ultrasound scan of baby, x-ray pregnant.

Connecticut

Finally, significant changes are coming to Connecticut’s accrued paid sick leave law. Connecticut’s existing law requires only those employers with “service workers” to provide accrued paid sick leave, but recent changes will expand that requirement to nearly every employer in Connecticut by 2027 and will impact any employer with 25 or more employees as soon as January 1, 2025. There are also changes to the accrual rate, which is increasing from one hour accrued per 40 hours worked to one hour accrued per 30, expanded covered uses, record retention, and many other changes.

All employers in Connecticut should take a few steps in advance of these changes:

  • Review any existing sick leave policies
  • Check HRIS or payroll systems to ensure that accruals are set up for Connecticut employees
  • Train managers and human resource teams in Connecticut to recognize the types of requests that would be covered under sick leave

Be sure to check out the statutory update for the full list of updates to accrued paid sick leave from coat-to-coast and everywhere in between, along with federal updates, and state FMLA laws!

How can MMA ADL help?

Marsh McLennan Agency’s Absence, Disability, and Life Specialty Practice helps clients understand, integrate, measure, and manage leaves of absence, time away from work, disability, and life insurance programs. Specializing in absence for over 20 years allows us to help employers meet employee expectations, reduce compliance risk, and manage costs. We are here to be your trusted partner, allowing you to prioritize what truly matters – your people.

June 2024 Statutory Update

Click HERE to view and download the full Update

In this Update:

 

Federal

Department Guidance

Pregnant Workers Fairness Act (PWFA) – final regulations

Artificial Intelligence and the FLSA, the FMLA, and Other Employment Laws – guidance

 

State and Local

Family and Medical Leave Updates

Connecticut Paid Leave (CT PL) – amendments

Colorado Family and Medical Leave Insurance (CO FAMLI) – guidance

Delaware Paid Leave (DE PL) – regulations updates

Maine Paid Family and Medical Leave (ME PFML) – proposed regulations, amendments

Maryland Family and Medical Leave Insurance (MD FAMLI) – program date changes, amendments

Minnesota Paid Leave (MN PL) – amendments, reporting requirement update

Minnesota Pregnancy and Parental Leave Act – amendments

Oregon Family Leave Act (OFLA) – regulations updates

Washington Paid Family and Medical Leave (WA PFML) – regulations update

Paid Family Leave as a Class of Insurance – Kentucky

 

Accrued Paid Leave Updates

Connecticut Paid Sick Leave – amendments

Illinois Paid Leave for All Workers Act (PLAWA) – final regulations

Chicago Paid Leave and Paid Sick and Safe Leave – final regulations, model notice

Cook County, IL Paid Leave – amendment

Minnesota Earned Sick and Safe Time – amendments

New York Paid Sick Leave – amendment: Paid Prenatal Leave     

Washington Paid Sick Leave – amendments   

 

Other News

New York – Paid Breaks for Nursing Employees

New York COVID-19 Sick Leave – repeal

March 2024 Statutory Update

Click HERE to view and download the full Update

In this Update:

Family and Medical Leave Updates

Maryland Family and Medical Leave Insurance (MD FAMLI) – resources, draft regulations, potential program delay

Massachusetts Paid Family and Medical Leave (MA PFML) – amended “top-off” guidance, new reporting requirement    

Minnesota Paid Leave (MN PL) – reporting requirement postponed

New Jersey Family Leave Act (NJ FLA) – new resource

Oregon Paid and Unpaid Family and Medical Leave (PLO and OFLA) – updated PLO regulations, OFLA and PLO  amendments

 

Accrued Paid Leave Updates

Cook County, IL Paid Leave – regulations, updated resources

Bloomington, MN Earned Sick and Safe Time – updated resources

St. Paul, MN Earned Sick and Safe Time – updated resources

Duluth, MN Earned Sick and Safe Time – repeal

New York City Earned Safe and Sick Time – amendment   

Washington Paid Sick Leave – updated regulations

 

Other News

COVID-19: Updated CDC Guidance

           Implications to New York COVID-19 Sick Leave

 

Important Dates

March

Illinois Paid Leave for All Workers – notice to employees due March 31

Cook County, IL Paid Leave – notice to employees due March 30

 

July

Chicago, IL Paid Leave and Paid Sick Leave – effective July 1, resources    

New York City Workers’ Bill of Rights – new notice requirement July 1

Oregon Family and Medical Leave Act (OFLA) – mandatory benefit year change July 1

Vermont Family and Medical Leave Insurance – group plans available for July 1

Statutory Update: Maine Enacts Paid Family and Medical Leave (ME PFML); Federal Guidance; PFML and Accrued Paid Leave Updates & More

Click HERE to view and download the full Update

In this Update:

Federal

Resources and Guidance
  • Pregnant Workers Fairness Act (PWFA) – updated worksite poster, proposed regulations
  • Recent Guidance – FMLA, ADA     

State and Local

Family and Medical Leave
  • Colorado Family and Medical Leave Insurance (CO FAMLI) reminder, regulations update
  • Massachusetts Parental Leave Act (MPLA) (unpaid) – updated guidance, updated required notice
  • Maine Paid Family and Medical Leave (ME PFML) NEW
  • New York Disability Benefits Law (NY DBL) – regulations update
  • Oregon Paid and Unpaid Family and Medical Leave (OR PFML and OFLA) – amendments, regulations update
  • Rhode Island TDI and TCI – maximum benefit increase effective 7/1/23
  • Washington Paid Family and Medical Leave (WA PFML) – amendments, regulations update
  • Tennessee Paid Family and Medical Leave Tax Credit NEW  
  • Paid Family Leave as a Class of Insurance – Alabama, Florida, Texas
  Accrued Paid Leave
  • Colorado Healthy Families and Workplaces Act amendment, updated required notice
  • Connecticut Paid Sick Leave – amendment
  • St. Paul, Minnesota Earned Sick and Safe Time – regulations update
  • Oregon Paid Sick Time – regulations update
  • Washington Paid Sick Leave – amendment
  • Seattle, WA Paid Sick and Safe Time for Gig Workers – NEW
Other News
  • Anaheim, CA Hotel Worker Protections – NEW
  • Illinois – New and Amended Legislation                                                                                                                                                                               
    • Victims’ Economic Security and Safety Act (VESSA) – amendment
    • Child Extended Bereavement Leave – NEW
    • Blood and Organ Donation Leave – amendment
  • Louisiana Leave for Genetic Testing and Cancer Screening – NEW
  • Minnesota Voting Leave – amendment
  • Nevada Domestic Violence Leave – amendment
  • New Hampshire Accommodations for Nursing Mothers – NEW
  • Oregon Leave for Victims of Domestic Violence, Sexual Assault or Stalking – amendment

Statutory Update: COVID-19 Legislation; New Federal Worksite Posters, PFML and Accrued Paid Leave Updates & More

May 25, 2023

Click HERE to view and download the full Update

In this update:

COVID-19 Legislation

Federal

Recent Guidance

EEOC Guidance – COVID-19 and Anti-Discrimination Laws (Post-PHE) – updated

State and Local

Emergency Paid Sick Leave
Recently Expired
  • Long Beach, CA COVID-19 Supplemental Paid Sick Leave (SPSL)
  • Los Angeles City, CA COVID-19 Supplemental Paid Sick Leave (SPSL)
  • Los Angeles County, CA Supplemental Paid Sick Leave (SPSL)
  • Puerto Rico Emergency Paid Sick Leave (EPSL)
  • San Francisco, CA Public Health Emergency Leave (PHEL)
  • Seattle, WA Paid Sick and Safe Time for Gig Workers (GW PSST)
Still in Effect
  • Oakland, CA COVID-19 Emergency Paid Sick Leave (EPSL)
  • Colorado Public Health Emergency Leave (PHEL)
  • Nevada Hospitality Workers Paid Leave
  • New York COVID-19 Sick Leave
  • Philadelphia, PA COVID-19 Leave
Side-by-Side EPSL Summary updated

Non-COVID-19 Legislation

Federal

Updated Worksite Posters
  • Family and Medical Leave Act of 1993 (FMLA)
  • Fair Labor Standards Act (FLSA)
Recent Guidance

Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)

State and Local

Paid Family and Medical Leave
  • Colorado Family and Medical Leave Insurance (CO FAMLI) – amendment, base period wages
  • Connecticut Paid Leave (CT PL) – maximum weekly benefit increase June 1, 2023
  • Maryland Paid Family and Medical Leave (MD PFML) – effective date change and amendments
  • Oregon Paid Family and Medical Leave (OR PFML) – potential effective date delay
  • Paid Family Leave as a Class of Insurance
    • Arkansas – new, effective July 30, 2023
    • Tennessee – new, effective January 1, 2024
  • Michigan Tax Incentive for Employers Providing Paid Adoption Leave – delayed
Accrued Paid Leave 
  • Puerto Rico Minimum Wage, Vacation and Sick Leave Act – reversal of 2022 amendments
  • Illinois Paid Leave for All Workers Act – resources
  • Bloomington, MN Earned Sick and Safe Leave – model notice and resources
Other News
  • Colorado Military Leave – amendment
  • Georgia Kin Care – removal of repeal date
  • Georgia Voting Leave – amendment
  • Virginia Leave for Organ and Bone Marrow Donation – new, effective July 1, 2023

Statutory Update: COVID-19 Legislation; Protections for Pregnant and Working Mothers; PFML and Accrued Paid Leave Updates & More

Click HERE to view and download the full Update

In this Update:

COVID-19 Legislation

State and Local

Emergency Paid Sick Leave

  • Cal/OSHA COVID-19 Prevention Non-Emergency Regulations – new, effective February 3, 2023          
  • San Francisco, CA Public Health Emergency Leave – COVID-19 requirement ending February 28, 2023   
  • Colorado Public Health Emergency Leave – status (still in effect)      
  • Side-by-Side EPSL Summary – updated       

Non-COVID-19 Legislation

Federal

Anti-Discrimination and Accommodation         

  • Protections for Pregnant and Nursing Employees                                                                                                                                                                                        
    • Pregnant Workers Fairness Act – new, effective June 27, 2023                                                                                                                                                    
    • Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act – new, effective December 29, 2022                                                                                

Recent Guidance          

  • Telework, the FLSA and the FMLA   

State and Local

Paid Family and Medical Leave

  • Massachusetts Paid Family and Medical Leave (MA PFML) Regulations – amendment, maintenance of health benefits             
  • Vermont Family and Medical Leave Insurance (VT FMLI) – new, voluntary for private employers beginning July 1, 2024            
  • Reminders and Updated Resources                                                                                                                                                                                   
    • Colorado Family and Medical Leave Insurance (CO FAMLI)             
    • New Hampshire Paid Family and Medical Leave (NH PFML)                                  
    • Oregon Paid Family and Medical Leave (OR PFML)                                  

Accrued Paid Leave                          

  • Illinois Paid Leave for All Workers Act – new, effective January 1, 2024
  • Michigan Paid Medical Leave Act – Status of Litigation – no changes to current requirements
  • Bloomington, MN Earned Sick and Safe Leave – amendments, law becomes effective July 1, 2023
  • St. Paul, MN Earned Sick and Safe Time – clarifications and amendments effective February 18, 2023

Other News        

  • California – Bereavement Leave – clarification on covered family members
  • San Francisco, CA – Military Leave Pay Protection Act – new, effective February 19, 2023
  • New York – Electronic Access to Required Postings – new, effective December 16, 2022
  • New York – Lactation Accommodations – new, effective June 7, 2023