Statutory Update: 2022 Statutory Disability & Paid Family Leave Benefits and Rates, Allegheny County PSL, WA LTC Delay

December 22, 2021

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

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

2021

2022

Maximum Duration

SDI: 52 weeks
PFL: 8 weeks

No Change

Waiting Period

SDI: 7 days

PFL: None

No Change

Benefit Percentage

• 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

Under AB908 (2016, effective 1/1/2018), the benefit level was to revert back to 55% effective 1/1/2022; this timeline was extended to 1/1/2023 by AB138, approved 7/16/2021.

State Average Weekly Wage (SAWW)

$1,383

$1,570

Maximum Weekly Benefit

$1,357

$1,540

Contribution Rate
Employee-Paid

1.2%

1.1%

Taxable Wage Ceiling

$128,298

$145,600

Maximum Employee Contribution

$1,539.58 per year

$1,601.60 per year

Required Notice

Worksite poster (Notice to Employees) as well as

notice (DE 2515 and DE 2511) at hire and the time of need for leave


Colorado

Paid Family and Medical Leave (CO PFML)

Contributions begin January 1, 2023; benefits entitlement begins January 1, 2024.



Connecticut

Paid Family and Medical Leave (CT PFML)

2021

2022

Maximum Duration

Benefits begin January 1, 2022

12 weeks, +2 weeks for employee’s pregnancy incapacity (PI)

Family Violence: 12 days

Benefit Percentage

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


Minimum Fair Wage (MFW)

$13/hour (eff. 8/1/21)

Maximum Weekly Benefit (60x MFW)

$780

Contribution Rate

Employee-Paid

.5%

No Change

Taxable Wage Base (SSA)

$142,800

$147,000

Maximum Employee Contribution

$714 per year

$735 per year

Required Notice

Employee notice requirements are not set to begin until July 1, 2022; however, employers may want to utilize materials posted on the CT PFML Employer Page to inform their employees about program benefits beginning January 1.


District of Columbia

Paid Family and Medical Leave (DC PFML)

2021

2022

Maximum Duration

Own Illness: 2 weeks

(increased to 6 weeks for leave beginning 9/26/21 through 9/30/22)

Pre-natal Medical Leave: 2 weeks

(new, for claims filed 10/1/21 through 9/30/22)

Family Care: 6 weeks

Bonding: 8 weeks

Combined maximum: 8 weeks in a 52-week period

(potential for 10 weeks Pre-natal and Parental combined)

Waiting Period

7 days

Waived for claims filed after 10/1/21 until approximately 7/24/22

Benefit Formula

• 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

No Change

DC Minimum Wage

$15/hour

$15.20/hour (eff. 7/1/21)

Maximum Weekly Benefit

$1,000 (leave beginning before 9/25/21)

$1,009 (leave beginning on or after 9/26/21 – see Public Notice)

Contribution Rate

Employer-Paid

.62%

No Change

Maximum Contribution

No maximum

No Change

Required Notice

Notice posted and provided at hire, annually and at the time of need for leave.  The '2021' Notice is dated 12/2021 and includes the changes effective ~10/1/2021 outlined in our October 8 Update.


Hawaii

Temporary Disability Insurance (HI TDI)

2021

2022

Maximum Duration

26 Weeks

No Change

Waiting Period

7 Days

Benefit Percentage

58%

Maximum Weekly Benefit

$640

$697

Employee Contribution Rate

Employee- and Employer-Paid; Employer pays any balance required

Up to ½ of plan costs, max .5%

No Change

Maximum Weekly Wage Base

$1,102.90

$1,200.30

Maximum Employee Contribution

$5.51 per week

$6.00 per week

Required Notice


Massachusetts

Paid Family and Medical Leave (MA PFML)

2021

2022

Maximum Duration

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

No Change

Waiting Period

7 days,

except for bonding leave immediately following pregnancy disability

Benefit Formula

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)

$1,487.78

$1,694.24

Maximum Weekly Benefit

$850

$1,084.31

Contribution Rate

Employee- and Employer-Paid

.75% Total Contribution

.62% Medical, .13% Family Care

.68% Total Contribution

.56% Medical, .12% Family Care

Maximum Employee Contribution Rate

378%

(.248% Medical, .13% Family Care)


Employers with <25 covered individuals are not required to pay the Employer Portion of the Medical contribution.

.344%

(.224% Medical, .12% Family Care)


Employers with <25 covered individuals are not required to pay the Employer Portion of the Medical contribution.

Maximum Wage Base (SSA)

$142,800

$142,800

$147,000

Maximum Contribution

$1,071 Total

(~$539.78 Employee)

per year

$999.60

(~$505.68 Employee)

per year

Financial Eligibility Test

$5,400

$5,700

Required Notice

Worksite poster as well as notice to be provided at hire (2022 versions available)

* EAWW = Employee’s Average Weekly Wage, as defined by each law; SAWW = State Average Weekly Wage


New Hampshire

Family and Medical Leave Insurance (FMLI)

Voluntary for private employers; benefits entitlement begins January 1, 2023.


New Jersey

Temporary Disability Insurance (NJ TDI) and Family Leave Insurance (NJ FLI)

2021

2022

Maximum Duration

TDI: 26 weeks

FLI: 12 weeks

No Change

Waiting Period

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

Benefit Percentage

85%

Maximum Weekly Benefit

$903

$993

State Average Weekly Wage (SAWW)

$1,291.42

$1,419.52

Employee Taxable Wage Base

$138,200

$151,900

Employee Contribution Rate

NJ TDI is Employee- and Employer-Paid, Employer contribution rate varies;

NJ FLI is Employee-Paid

TDI: .47% of taxable wages

FLI: .28% of taxable wages

TDI: .14% of taxable wages

FLI: .14% of taxable wages

Maximum Employee Contribution

TDI: $649.54

FLI: $386.96

per year

TDI: $212.66

FLI: $212.66

per year

Employer Taxable Wage Base

$36,200

$39,800

Alternative Earnings Test

$11,000

$12,000

Base Week Amount

$220

$240

Required Notice

Worksite poster as well as notice at hire and the time of need for leave

(2022 versions not yet available as of 12/3/21)

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)

2021

2022

Maximum Duration

26 weeks

Max. 26 weeks in a 52-week

period combined with NY PFL

No Change

Waiting Period

DBL: 7 days

Benefit Percentage

50%

Maximum Weekly Benefit

$170

Employee Contribution Rate

Employee- and Employer-Paid; Employer pays any balance required

.5%

Maximum Employee Contribution

$31.20 per year

Required Notice

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 time of need for leave.


New York

Paid Family Leave (NY PFL)

2021

2022

Maximum Duration

12 weeks

Max. 26 weeks in a 52-week period combined with NY DBL

No Change

Waiting Period

None

Benefit Percentage

67%

State Average Weekly Wage (SAWW)

$1,450.17

$1,594.57

Maximum Weekly Benefit

$971.61

$1,068.36

Employee Contribution Rate

Employee-Paid

.511%

No Change

Maximum Employee Contribution

$385.34 per year

$423.71 per year

Required Notice

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) provided at time of need for leave.


Oregon

Paid Family and Medical Leave (OR PFML)

Contributions begin January 1, 2023; benefits entitlement begins September 3, 2023.


Puerto Rico

SINOT

2021

2022

Maximum Duration

26 weeks

No Changes

Waiting Period

7 days,

except for hospitalization

Benefit Percentage

65%

Maximum Weekly Benefit

$113

Employee Contribution Rate

Employee- and employer-paid

.6% of first $9,000 of earnings

Maximum Contribution

.3% of first $9,000 of earnings

$27 per year

Required Notice

Worksite poster as well as individual certificate/notice of benefits


Rhode Island

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

2021

2022

Maximum Duration

TDI: 30 weeks

TCI: 4 weeks

Combined maximum: 30 weeks in a 52-week period

TDI: 30 weeks

TCI: 5 weeks

(further increases to 6 weeks 1/1/2023)

Combined maximum: 30 weeks in a 52-week period

Waiting Period

TDI: None*

TCI: None

* Benefits are paid retroactively to first day if disability lasts at least 7 days

No Change

Benefit Percentage

4.62% of wages paid in the highest quarter of the Base Period

No Change Anticipated

Maximum Weekly Benefit

$978; $1,320 with dependency allowance

(7/1/21 - 6/30/22)

Contribution Rate

Employee-Paid

1.3%

1.1%

Taxable Wage Base

$74,000

$81,500

Maximum Employee Contribution

$962.00 per year

$896.50 per year

Financial Eligibility Test

$13,800 in Base Period earnings; or

(1)  $2,300 in at least one Base Period quarter

(2)  Base Period taxable wages at least 1.5x highest quarter of earnings and

(3)  $4,600 of taxable wages in Base Period

(10/1/20)

No Change

Required Notice

Worksite poster

(2022 version of the Combination Poster not yet available as of 12/22/21; check back here)


Washington

Paid Family and Medical Leave (WA PFML)
2022

2021

2022

Maximum Duration

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)

No Change

Waiting Period

7 days,

except for bonding leave or

qualifying exigency

Benefit Formula


• 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)

$1,340

$1,475

Maximum Weekly Benefit

Based on 90% of SAWW

$1,206

$1,327

Contribution Rate

Employee- and Employer-Paid

.4% Total Contribution

.6% Total Contribution

Maximum Employee Contribution Rate

63.33% of Total Contribution

(~.2533% of wages)

73.22% of Total Contribution

(~.4393% of wages)

Maximum Wage Base (SSA)

$142,800

$147,000

Maximum Contribution

$571.20 Total

(~$361.74 Employee)

per year

$882 Total

(~$645.80 Employee)

per year

Required Notice

Worksite poster as well as Statement of Employee Rights (“Employer to Employee Notice”)

at the time of need for leave (2022 version of the poster is available)

Other News

Allegheny County, PA Paid Sick Leave – Update

Our October 8 Statutory Update included the announcement of accrued paid sick time requirements in Allegheny County, PA.  As noted, the ordinance’s text indicated that the new law would become effective “on the 90th calendar day following the posting of the notice information for employers”.  Last week the county released the Paid Sick Leave Notice, which indicates an effective date of December 15, 2021. While this date may come as a bit of a surprise for employers assuming they would have more time to implement, the county’s FAQ refer to Section 2408(C) of the ordinance, which states that fines will not be imposed for violations for one year after the ordinance’s effective date.

Per Section 11 of the guidelines posted on the county’s Administrative Services website, the Notice must be displayed in a conspicuous and accessible location where any employees work, in English, Spanish, and any other primary languages of the employees at that particular workplace. For employees who work remotely or do not have a regular workplace, the employer may provide the Notice on an individual basis in each employee’s primary language in a physical or electronic format that is reasonably conspicuous and accessible.

The guidelines also recommend that employers provide updated amounts of paid sick time available on regular payroll statements or in an online system where employees can access the information.

Washington Long Term Care Premium Collection Delayed

On December 17 Governor Jay Inslee, in conjunction with Democratic leaders within the state’s legislature, announced the decision to delay WA Cares Fund premium collection scheduled to begin January 1, 2022.  The pause will allow legislators the opportunity to address raised concerns and make adjustments to the law during the 2022 legislative session, as well as consider upcoming recommendations from the Long Term Care Commission.

Governor Inslee’s statement included that he is “taking measures within my authority and ordering the state Employment Security Department not to collect the premiums from this program from employers before they come due in April. My actions mean that the state will not collect those funds until the Legislature sorts through these issues.” He further indicated that employers will not be subject to penalties and interest for not withholding premiums during this period.

Senate Majority Leader Andy Billig and House Speaker Laurie Jinkins added the following: “In addition to delaying the premium assessment, we also support employers pausing premium collections from employees in Washington so lawmakers can take necessary action. While we cannot direct employers not to collect, we strongly encourage them to pause on collecting premiums from employees, giving us time to pass legislation extending implementation dates until next year.” 

We will continue to monitor and provide updates as information becomes available. Visit https://wacaresfund.wa.gov/learn-more/ for more information.

Please contact your Trion Account Team members with specific questions about these or other updates. 

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