Statutory Update: COVID-19 Legislation; 2023 PFML Benefits & Rates, Important Reminders

December 22, 2022

COVID-19 Legislation

State and Local

Emergency Paid Sick Leave Updates

California COVID-19 Supplemental Paid Sick Leave (SPSL)

California’s statewide SPSL requirements expire December 31, 2022. As of today there is no indication that they will be extended or reinstated, especially given the mayor’s October 17 announcement that the state’s COVID-19 State of Emergency will end on February 28, 2023. Any employee on leave as of the law’s expiration date may finish taking leave.

Los Angeles City, CA COVID-19 Supplemental Paid Sick Leave (SPSL)

The City of Los Angeles Office of Wage Standards’ website has been updated to reflect that, as a result of the mayor’s and the City Council’s actions to end the COVID-19 Emergency Declaration on February 1, 2023, SPSL requirements will expire on February 15, 2023.

San Francisco, CA Public Health Emergency Leave (PHEL) – Reminder

San Francisco’s permanent PHEL law became effective October 1, 2022.  Between October 1 and December 31, 2022, employers with 100 or more employees worldwide were required to make up to 40 hours of PHEL available to employees for reasons associated with the current (COVID-19) public health emergency. Beginning January 1, 2023, that entitlement increases to up to 80 hours.  More information may be found in our July 26 and September 30 Updates, as well as on the city’s Office of Labor Standards Enforcement (OSLE)’s PHEL webpage.

Colorado Public Health Emergency Leave (PHEL)

In accordance with the governor of Colorado’s November 11 Executive Order, the conditions for which PHEL may be taken during the current public health emergency have been expanded to include not only COVID-19 but also flu, respiratory syncytial virus (RSV), and similar respiratory illnesses. The expansion beyond COVID-19 does not entitle employees to an extra 80 hours of PHEL for these conditions, it simply broadens the range of conditions for which PHEL may be used.

Based on the October 13 renewal of the nationwide COVID-19 public health emergency, PHEL requirements apply until at least February 8, 2023, but will be extended if either the federal or state public health emergency declarations are renewed further. Employees may take PHEL until four weeks after the end of the public health emergency period. Guidance may be found on the Colorado Department of Labor and Employment’s HFWA webpage and in the updated INFO #6B, located here.

Employers must provide written notice of employees’ rights and responsibilities under HFWA/PHEL. Notification requirements are outlined on page 7 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 Family and Medical Leave Updates

Important Reminders

Colorado Family and Medical Leave Insurance (CO FAMLI)

• Contributions toward the program begin January 1, 2023 (rate information is in the table below). Benefits begin January 1, 2024.
  • • The Employer FAQ instruct that FAMLI premium deductions should be taken post-tax, and reported on IRS form W-2 in Box 14, with “FAMLI” as the label.
• Premium remittance and wage reporting are due quarterly, no later than the last day of the month immediately following the end of the quarter.  Premiums and reporting for the first quarter of 2023 will be due April 30, 2023.
• The MyFAMLI+ Employer portal is now open for registration; employers must register before the first premium payments are due (April 30, 2023). Registration may be completed through the MyFAMLI+ Employer webpage, which also features User Guides and other resources.
• Employers must post a notice in a prominent location in the workplace and notify its employees in writing, at hire and upon learning of an employee experiencing an event that triggers a need for leave.  The model notice may be found in the FAMLI Toolkit in multiple languages.

Private plans:

• Applications for Private Plans are not yet being accepted; therefore, all employers subject to the law must begin contributing to the program beginning January 1, 2023.
• Per the Private Plan rules effective December 30, 2022 (view the complete Private Plan rules here):
  • Private plan applications must be submitted to the FAMLI Division no later than 60 days prior to the requested effective date.
  • Applications must be submitted by October 31, 2023 for a January 1, 2024 effective date.
  • Employers with an approved private plan effective no later than January 1, 2024, may apply to the Division for reimbursement of premiums paid in 2023, minus the required private plan administration fee. Once an approved private plan is in effect, the employer is no longer required to remit premiums or submit wage reports, but must continue to maintain internal records.
    • If an employer collects premium contributions from its employees in 2023, and the Division later reimburses the employer for premiums remitted in 2023, the employer must reimburse its employees for any premium contributions collected, unless the terms of the approved private plan allow the employer to collect premiums from employees in 2023.
  • Private plans must cover all of the employer’s employees localized in Colorado, and provide all of the same rights, protections and benefits provided by the FAMLI Act (see section 5.3). The cost to employees covered by the private plan may not be greater than the cost charged to employees under the state plan.
  • Associated fees (per application/Colorado FEIN):
    • $500 administration fee for applications received through 2024.
    • Self-funded private plan applications must be accompanied by a surety bond, issued by a surety company authorized to transact business in Colorado, in an amount equal to one year of total premiums;
    • Beginning in 2025, an annual maintenance fee in an amount calculated by the Division based on costs arising out of the administration of the employer’s private plan.
  • Employers sponsoring self-funded private plans must establish and maintain a separate account into which all employee contributions are deposited and kept, and from which all benefits and administrative costs may be paid.
  • Private plan approvals remain in place for 8 years. However, employers will be required to submit an annual attestation that their contact information is accurate and their private continues to satisfy requirements. Surety bonds for self-funded plans must also be reviewed annually.
    • Plan renewals must be submitted no later than 60 days prior to the renewal date.
    • Notice of material changes must be provided to the Division no later than 60 days before the changes take effect.  Employees must be notified at least 30 days in advance of a change. (See section 5.13 for examples of what constitutes a material change.)

New Hampshire Paid Family and Medical Leave (NH PFML)

• The NH PFML program begins providing benefits to state employees beginning January 1, 2023.
• The program is voluntary for private employers.  Employers wishing to sponsor a group plan may partner with the state’s selected carrier, MetLife, or another carrier, though benefits may also be provided on a self-funded basis.
• Employers who purchase coverage from MetLife will be eligible for a Business Enterprise Tax (BET) credit for up to 50% of the premium paid by the employer on behalf of their workers for the 6-week plan. If the 12-week plan is purchased, the employer will receive the BET tax credit equivalent for the 6-week plan.
• Employees of employers who elect not to sponsor a group plan may purchase individual coverage directly through MetLife during the enrollment period that runs January 1 through March 2, 2023.

Eligibility:

• Employers designated as a New Hampshire employer (i.e., with a physical presence in NH) are eligible to purchase coverage.
• Employees working in New Hampshire for a covered employer are eligible for NH PFML benefits. Workers that are not designated as working for a NH employer are not eligible for NH PFML insurance coverage.

Benefits:

• 60% wage replacement following a 7-day elimination period.
• Maximum weekly benefit of 60% of SSA maximum (weekly). The 2023 SSA maximum is $160,200, making the maximum weekly benefit $1,848.46.
• Maximum benefit duration of 6 weeks per year; group plans may offer 12 weeks.
• Benefits for individual plans begin after a 7-month waiting period.

Reasons for Leave:

• For the employee’s own serious health condition, when disability coverage does not apply;
• To bond with a child during the first year of birth including placement for adoption or fostering;
• To care for a family member with a serious health condition;
• Any qualifying need arising out of the fact that the employee’s spouse, child, or parent is a covered military member on covered active duty;
• To care for a covered servicemember with a serious injury or illness if the employee is the servicemember’s spouse, child, parent, or next of kin.

As noted above, the program is voluntary for private employers; however, employers opting out still have a few responsibilities:

• Address employees’ questions and direct employees to MetLife;
• Support the claims process by providing wage and leave information, work schedules and other benefits information to MetLife;
• Employers with 50 or more employees must collect payroll contributions and remit premium to MetLife.
  • Upon an employee’s enrollment MetLife will notify the employer and request verification of employment. Following completion of enrollment MetLife will send a rate letter with the employee’s premium amount and remittance instructions. Although there is a 7-month waiting period for benefits, premium payment begins as of the policy effective date.
  • MetLife will send a bill/remittance statement quarterly for all premiums due.
  • Note: All communication with the employer (enrollment/deduction notification, claim notification, premium statements) will be directed to the contact the employee designates during their enrollment.  For multi-site employers this may present a challenge in that, depending on whose information the employee provides, these communications may not reach the appropriate party(-ies).  Large employers may wish to publish a communication instructing NH employees whom to designate as this contact.

More information may be found on the MetLife and NH PFML websites:

MetLife NH PFML webpage: New Hampshire Paid Family Leave (NH PFL)

• Benefit Guide
• Employer FAQ*
• Employee FAQ*
• * FAQ include information regarding Coordination of Benefits

NH PFML website: NH Paid Family Medical Leave

• FAQ

Oregon Paid Family and Medical Leave (OR PFML)

• Contributions toward the program begin January 1, 2023 (rate information is in the table below). Benefits begin September 3, 2023.
  • Employers must hold employee contributions collected in trust for the State of Oregon and for payment to the Department of Revenue.
• Premium remittance and wage reporting are due quarterly, no later than the last day of the month immediately following the end of the quarter.  Premiums and reporting for the first quarter of 2023 will be due April 30, 2023.
• Employers must register on Frances Online, the portal through which employers will file OR PFML reporting, remit contributions, or apply for a Private Plan. It is also the system employees will utilize to file and track OR PFML claims beginning next September. Visit the Frances Online website for information and resources.
• Employers must post a notice at each work site and provide it electronically or by mail to any remote workers. The model notice may be found in the Resources webpage in multiple languages.
  • The Oregon Employment Department (OED) has also provided a model notice template for employers to utilize once their Private Plan is approved and becomes effective (found under ‘More Resources’).
• Private plans: OED began accepting OR PFML “Equivalent” plan applications on September 6.  More information on private plan requirements and the application process may be found in our September 30 Update and on the state’s Equivalent Plan and Resources webpages.

2023 PFML Benefits and Rates

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