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What’s new with state paid family
and medical leave?
With many states passing their own paid family and medical leave (PFML) and paid family leave (PFL) mandates, more employees are able to take the time they need during critical points in their life. But staying compliant with new regulations can be challenging for employers, especially if they have employees in various states.
Here are the latest state-specific updates you should know about. Please note that the following information is for informational purposes only and is not legal advice or a substitute for legal counsel. We recommend employers speak with legal counsel specializing in labor and employment law to ensure compliance with applicable PFML and PFL mandates.
Paid Family and Medical Leave Programs
California
For updates regarding the COVID-19 outbreak and how it may affect paid family leave benefits, expand and click the link below.
https://edd.ca.gov/about_edd/coronavirus-2019/faqs.htm
Paid Family Leave (PFL)
PFL is designed to partially replace the wages of employees who need to take family leave to care for a child, parent, parent-in-law, grandparent, grandchild, sibling, spouse or registered domestic partner with a serious health condition; or to bond with a child during the first 12 months after birth, adoption, or foster care placement.
- Eligibility: Part-time or full-time employees who have earned at least $300 in the base period and contribute to the California State Disability Insurance program during the 18 months prior to their claim.
- Benefits: For 2022, the weekly benefit is 60% of weekly wages for employees who earned one-third or more of the state average quarterly wage during the prior four quarters, or 70% of weekly wages for those who earned less than one-third. The minimum weekly benefit is $50, and the maximum weekly benefit is $1,540. Leave can be taken for up to eight weeks within any 12-month period, not to exceed 52 weeks when combined with California State Disability Income (SDI) benefits.
- Contributions: For 2022, The program is funded by mandatory employee payroll deductions equal to 1.1% of employee's wages up to the maximum annual contribution amount of $1,601.60.
State website: www.edd.ca.gov
State Disability Insurance (SDI)
California SDI provides partial income replacement for non-work related injuries or sickness, including pregnancy.
Please refer to our grid for more information >
- Eligibility:Part-time or full-time employees who have earned at least $300 in the base period and contribute to the California State Disability Insurance program during the 18 months prior to their claim.
- Benefits: For 2022, the weekly benefit is 60% of weekly wages for employees who earned one-third or more of the state average quarterly wage during the prior four quarters, or 70% of weekly wages for those who earned less than one-third. The minimum weekly benefit is $50, and the maximum weekly benefit is $1,540. Leave can be taken for up to eight weeks within any 12-month period, not to exceed 52 weeks when combined with California State Disability Income (SDI) benefits.
- Contributions: For 2022, The program is funded by mandatory employee payroll deductions equal to 1.1% of employee's wages up to the maximum annual contribution amount of $1,601.60.
Symetra Services:
- Our case managers will refer employees to the state website to file their claim for SDI or PFL. We do not currently offer ASO services for the California PFL or SDI private plans. However, we continue to monitor the rulemaking process to determine the best offering to provide to our customers.
Symetra Resources:
California Disability Insurance and California Paid Family Leave Flyer >
Connecticut
Paid Family and Medical Leave Insurance (PFML) – effective 1/1/22
The program provides eligible Connecticut employees up to 12 weeks of paid family benefits to care for a family member who has a serious health condition, for a qualifying exigency or to bond with a child during the first 12 months after birth, adoption or placement. Eligible employees can receive up to 12 weeks of medical leave benefits for their own serious health condition (and up to 2 additional weeks for employees disabled due to a serious health condition resulting in incapacity and/or prenatal care during pregnancy. CT PFML also offers up to 12 days of paid leave for employees who are victims of family violence.
- Eligibility: Employees must have earned at least $2,325 within the first four of the five most recently completed quarters and be presently employed or employed within the previous 12 weeks.
- Benefits: The weekly benefit is 95% of weekly wages up to 40 times Connecticut’s minimum wage ($13/hour until 7/1/22), plus 60% of weekly wages above 40 times the minimum wage. The maximum benefit is 60 times the minimum wage (equals $780 until 7/1/22). Leave can be taken for up to 12 weeks in a 12-month period for family and medical leave combined, with an extra two weeks allowed if the employee experiences incapacity and/or prenatal care during pregnancy.
- Contributions: Employee contributions to the state plan will begin in January 2021. Contributions will be capped at 0.5% of weekly wages up to the Social Security maximum. Employers do not have a financial obligation under the state plan.
Symetra Services:
- Connecticut allows both state and private (insured or self-insured) plans. We will be offering a fully insured product for combined Paid Family and Medical Leave benefits. This will include tracking, management and payment of all benefits. We will also offer ASO services for a employers willing to fulfill state bonding requirements associated with CT PFML. A majority vote of all eligible employees working in Connecticut is required to receive a private plan exemption from the state.
Resources:
CT PFML benefits rollout flyer >
CT PFML “filing an exemption” flyer > >
District of Columbia
Paid Family and Medical Leave (PFML) – effective 7/1/20
PFML can partially replace the wages of employees who need to take family or medical leave. Family leave is available for the employee to care for any of the following “family members” (including in-laws and step relations) who have a serious health condition: spouse, domestic partner, child, grandparent, parent, legal guardian or other person who stood in loco parentis when the employee was a child; or to bond with a child within 12 months after birth, adoption or foster care placement. Medical leave is available for the employee’s own serious health condition.
- Eligibility: Employee must work for a Washington D.C. employer for at least 50% of their work time and must meet that requirement at least one week during the 52 weeks prior to their leave.
- Benefits: The weekly benefit is 90% of the employee’s average weekly wage that is equal to or less than 150% of DC’s minimum wage multiplied by 40, plus 50% of the employee’s average weekly wage that is more than 150% of DC’s minimum wage multiplied by 40. The maximum benefit is $1,000/weekly. Family leave can be taken for up to eight weeks for bonding and up to six weeks for all other family leaves. Medical leave can be taken for up to six weeks in a 52-week period. Employees can also receive up to two additional weeks of medical leave for prenatal care.
- Contributions: This program is funded by a quarterly employer payroll tax of 0.62% of their covered employees’ total wages.
State website: www.dc.gov
Symetra Services:
- The District of Columbia requires all covered employers to participate in the Department of Employment Services’ DC PFML program. As such, Symetra cannot offer fully insured or ASO coverage for DC PFML. Our case managers will refer employees to the DC website to file their PFML claim. Employers can use private disability insurance to complement DC PFML and fill gaps in pay and leave duration.
Hawaii
For updates regarding the COVID-19 outbreak and how it may affect state disability insurance or paid family leave benefits, expand and click the link below.
https://labor.hawaii.gov/ui/files/2020/03/COVID-19-Labor-Benefits-Faxct-Sheet_20200319.pdf
Hawaii Family Leave Law (HFLL)
HFLL is designed to provide unpaid leave to employees to care for their child, spouse, reciprocal beneficiary or parent with a serious health condition, or to bond with a child within 12 months after birth or adoption.
- Eligibility: Employees must have worked for at least six consecutive months in Hawaii.
- Benefits: Leave can be taken for up to four weeks in a 12-month period.
State website: www.labor.hawaii.gov
Temporary Disability Insurance (TDI)
TDI provides partial wage replacement to eligible employees for non-work-related injuries or sickness.
Please refer to our grid for more information >
- Eligibility: Employees working in Hawaii who have worked at least 14 weeks (non-consecutive weeks & multiple employers allowed) in Hawaii and paid for 20+ hours and have earned at least $400 in 52 weeks preceding first day of disability.
- Benefits: Employees receive 58% of average weekly wages rounded to next highest dollar up to the maximum weekly benefit of $697 (2022).
- Contributions: Not more than .5% of average weekly wages or $6.00/week, whichever is less up to the maximum weekly wage base of $1,200.30/week. The employer pays at least half of the plan costs or can pay the entire cost.
Symetra Services:
- We offer tracking and management of the Hawaii HFLL through our leave management product.
- We insure and offer ASO services for Hawaii TDI. Due to regulations related to paying Hawaii TDI via a local entity, we have contracted with a third-party vendor (John Mullen & Company, Inc.) to manage and pay this benefit to our Hawaii customers.
Massachusetts
Paid Family and Medical Leave (PFML) – effective January 1, 2021
PFML can partially replace the wages of employees who take family or medical leave. Family leave is available to employees effective July 1, 2021, (or January 1, 2021, under Symetra’s policy) to care for any of the following “family members” who have, a serious health condition: spouse, domestic partner, child, parent or parent of a spouse or domestic partner, a person who stood in loco parentis when the covered individual was a minor child, or a grandchild, grandparent or sibling. Other family leave is effective January 1, 2021, to bond with a child during the first 12 months after birth, adoption or foster placement; to manage family affairs when a family member is on or is notified of an impending call to active duty in the armed forces; or to care for a family member who requires medical care as a result of illness or injury related to active service in the armed forces. Effective January 1, 2021, medical leave can be taken for employees who are unable to work due to their own serious health condition.
- Eligibility: All W-2 employees working in Massachusetts, earnings at least $5,400 in the previous 12 months and at least 30 times the weekly benefit that the employee would be eligible to receive. Some 1099-MISC Contractors are eligible, if the employer reports 1099-MISC forms for more than 50% of its workforce.
- Benefits: The weekly benefit is 80% of the covered individual’s average weekly wage that is equal to or less than 50% of the State Average Weekly Wage (SAWW); plus 50% of the covered individual’s average weekly wage that is more than 50% of the SAWW, not to exceed 64% of the SAWW (which equates to $1,084.31/week for 2022). Medical leave can be taken for up to 20 weeks. Family leave can be taken for up to 26 weeks to care for a family member who requires medical care related to active service in the armed forces and up to 12 weeks for all other periods of family leave. The total combined maximum duration of benefits is 26 weeks in a benefit year, and all benefit durations include the unpaid waiting period(s).
- Contributions: Under the state plan, the total cost for PFML coverage is .68% of gross wages up to the Social Security maximum amount, with a medical leave rate of .56% (with 60% funded by the employer and 40% funded by the employee) and a family leave rate of .12% (100% funded by the employee). The employees cannot be required to contribute more under a private plan than they would have under the state plan. The employer can contribute more than the stated percentages. Employers under 25 lives do not have to contribute the employer portion under the state plan, but must contribute the employer portion for a private plan.
State website: www.mass.gov
Symetra Services:
- Symetra offers a fully insured product for combined Paid Family and Medical Leave benefits. This will include tracking, management and payment of all benefits. We also offer ASO services for a self-insured private plan for employers willing to fulfill state bonding requirements associated with Massachusetts PFML.
Resources:
New Jersey
For updates regarding the COVID-19 outbreak and how it may affect state disability insurance or paid family leave benefits, expand and click the link below.
https://www.nj.gov/labor/worker-protections/earnedsick/covid.html
Family Leave Insurance (FLI)
FLI is designed to partially replace wages of employees who need to take family leave to care for a “family member” (defined as a spouse, domestic partner, child, parent, parent in law, sibling, grandparent, grandchild, and any other individuals related by blood with whom you consider to be family) with a serious health condition; or to bond with a child within 12-months after birth, adoption, or foster care placement.
- Eligibility: Employees who have paid into the program through their employer and have met the minimum gross earnings requirements are eligible for leave. In 2022, employees need to have worked 20 weeks while earning at least $240 weekly, or have earned a combined total of $12,000 within the base year of the claim submission.
- Benefits: As of January 1, 2022, the weekly benefit is 85% of average weekly wages to a maximum of $993/wk. Leave can be taken for up to 12 weeks (56 intermittent days) in a 12‐month period.
An eligible employee may take up to 20 days of leave in a 12 month period to care for a family member who is a victim of domestic or sexual violence. - Contributions: Employee pays .14% of their first $151,900 of annual earnings up to a maximum annual contribution of $212.66. Employers pay .14% of the employee's first $39,800 annual earnings up to a maximum annual contribution of $212.66.
State website: www.myleavebenefits.nj.gov
Temporary Disability Insurance (TDI)
TDI provides partial wage replacement to employees who suffer from a non-work-related illness or injury.
Please refer to our grid for more information >
- Eligibility: Employees who have paid into the program through their employer and have met the minimum gross earnings requirements are eligible for leave. In 2022, employees need to have worked 20 weeks while earning at least $240 weekly, or have earned a combined total of $12,000 within the base year of the claim submission.
- Benefits: As of January 1, 2022, the weekly benefit is 85% of the employee's average weekly wages up to the maximum benefit of $993 (2022).
- Contributions: Employee pays .14% of their first $151,900 of annual earnings up to a maximum annual contribution of $212.66. Employers pay .14% of the employee's first $39,800 annual earnings up to a maximum annual contribution of $212.66.
Symetra Services:
- Symetra offers a fully-insured NJ TDB product.
- Symetra does not offer NJ FLI at this time.
New York
COVID-19 resources for New York Disability Benefits Law and New York Paid Family Leave law.https://paidfamilyleave.ny.gov/COVID19
Paid Family Leave (PFL)
PFL is designed to partially replace wages of employees who need to take family leave to care for a “family member” (defined as spouse, domestic partner, child/stepchild, sibling or anyone for whom the employee has legal custody, parent/step-parent/ in loco parentis, parent-in-law, grandparent or grandchild) with a serious health condition; to bond with a child during the first 12 months after birth, adoption or foster care placement; or to care for a family member when a spouse, domestic partner, child or parent is deployed abroad on active military service.
- Eligibility: Full-time employees who work 20 or more hours a week on a regular schedule are eligible after 26 consecutive weeks of employment. Part-time employees working less than 20 hours/wk will be eligible after working 175 days.
- Benefits: 2022, the benefit is 67% of the employee's average weekly wages up to the maximum of $1,068.36 (67% of the state average weekly wage). Payable for a maximum of 12 weeks during a 52-week period.
- Contributions: This program is funded by payroll deductions from covered employees. Each year, the Department of Financial Services sets the employee contribution rate to match the cost of coverage. For 2022, employees pay .511% of weekly wages up to the annual taxable wage base of $75,408.84, to a maximum of $423.71/year.
State website: www.paidfamilyleave.ny.gov
Disability Benefits Law (DBL)
DBL requires employers to provide employees partial wage replacement benefits if the employee is disabled by a non-work-related injury or illness.
- Eligibility: Full-time employees who have worked for at least 4 consecutive weeks in New York.
- Benefits: 2022, the benefit is 50% of the employee's average weekly wages up to the maximum of $170 Payable for a maximum of 12 weeks during a 52-week period.
- Contributions:This program is funded by payroll deductions from covered employees. Each year, the Department of Financial Services sets the employee contribution rate to match the cost of coverage. For 2021, employees pay .5% of the first $120 of weekly wages up to a maximum of $.60/wk.
Please refer to our grid for more information >
First Symetra Services:
- Symetra offers a fully-insured NY DBL policy and a NY PFL rider. We manage and track these leaves and complete all state reporting requirements. First Symetra does not currently offer ASO services for an employer’s self-insured private plan.
Resources:
Oregon
Paid Family and Medical Leave Insurance (PFML) – Contributions begin January 1, 2023; benefits begin September 3, 2023
PFML can provide partial wage replacement benefits to employees who take family or medical leave. Family leave is available to employees to care for any of the following “family members” who have a serious health condition: spouse, domestic partner, child, parent, anyone related by blood or affinity whose close association is the equivalent of a family member, or a grandchild, grandparent or sibling; or to bond with a child within 12 months after birth, adoption or foster care placement. Medical leave is available for care for the employee’s own health condition, or for safe leave covering victims of domestic violence, harassment, sexual assault or stalking.
- Eligibility: Employees must earn at least $1,000 in wages during the base year or during an alternate base period.
- Benefits: The weekly benefit is 100% of the employee’s average weekly wage that is equal to or less than 65% of the State Average Weekly Wage (SAWW), plus 50% of the employee’s average weekly wage that is more than 65% of the SAWW, with a minimum benefit of 5% of the SAWW and a maximum benefit of 120% of the SAWW. Leave can be taken for up to 12 weeks for any combination of family and medical leave, with an additional two weeks for leaves related to pregnancy, childbirth or a related medical condition.
- Contributions: This program is funded through a combination of employee payroll deductions (up to 60% of the cost) and employer contributions (not less than 40% of the cost), not to exceed 1% of employee wages, up to the Social Security maximum. Contributions will begin January 2022. Small businesses with less than 25 employees are exempt from employer contributions to the state plan.
Symetra Services:
- We are continuing to monitor the rulemaking process to determine the best offering to provide to our customers.
Rhode Island
For updates regarding the COVID-19 outbreak and how it may affect state disability insurance or paid family leave benefits, expand and click the link below.
http://www.dlt.ri.gov/pdfs/COVID-19 Workplace Fact Sheet.pdf
Temporary Caregiver Insurance (TCI)
TCI provides partial wage replacement benefits to employees who need to take family leave to provide care for a child, spouse, domestic partner, parent, parent-in-law or grandparent with a serious health condition; or to bond with a child within 12 months after birth, adoption or foster care placement.
- Eligibility: Employees must earn wages in Rhode Island and pay into the TDI/TCI fund. Employees must have earned at least $13,800 in the base period. If the employee did not earn that amount, they may still be eligible if:
- They earned at least $2,300 in one of their base period quarters;
- Their total base period taxable wages are at least 1½ times their highest quarter of earnings; and
- Their base period taxable wage equals at least $4,600.
- Benefits: The weekly benefit equals 4.62% of wages in the base period quarter in which wages were the highest, to a minimum of $107/wk and a maximum of $978/wk, with an additional benefit payable per dependent up to five dependents. Leave can be taken for up to five weeks in a benefit year and will reduce the allowable number of weeks under RI TDI. In 2023, the benefit duration will increase to 6 weeks.
- Contributions: This program is funded exclusively by employees equal to 1.3% of (when combined with TDI) of the first $74,000 of annual wages.
State website: www.dlt.ri.gov
Temporary Disability Insurance (TDI)
TDI provides benefit payments to employees who are unable to work due to a temporary disability or injury.
- Eligibility: Employees must earn wages in Rhode Island and pay into the TDI/TCI fund. Employees must have earned at least $13.,800 in the base period. If the employee did not earn that amount, they may still be eligible if:
- They earned at least $2,300 in one of the base period quarters;
- Their total base period wages of at least 1 1/2 times their highest quarter of earnings; and;
- Their base period taxable wages equal at least $4,600.
- Benefits: The weekly benefit equals 4.62% of wages from the highest earning quarter of the base period, to a minimum of $107/wk, with an additional benefit payable per dependent up to five dependents. Leave can be taken for up to 30 weeks in any benefit year.
- Contributions: This program is funded exclusively by employees equal to 1.3% of (when combined with TCI) of the first $74,000 of annual wages.
Please refer to our grid for more information >
Symetra Services:
- Rhode Island TDI and TCI are state plans only.
Washington
Expand for the most up-to-date information regarding COVID-19 and how it affects Washington PFML.
Paid Family and Medical Leave (PFML)
PFML can partially replace wages of employees who take family or medical leave. Family leave is available to employees to care for a family member (defined as a spouse, domestic partner, child, parent, parent-in-law, guardian, sibling, grandchild or grandparent/grandparent-in-law) with a serious health condition; to bond with a child within 12 months after birth, adoption or foster care placement; or to assist a family member when a spouse, domestic partner, child or parent is deployed abroad on active military service. Medical leave can be taken for employees to care for the employee’s own serious health condition.
- Eligibility: Employees must work 820 hours or more in the qualifying period, whether through one or multiple jobs.
- Benefits: The weekly benefit is 90% of the employee’s average weekly wage that is equal to or less than 50% of the State Average Weekly Wage (SAWW); plus 50% of the employee’s average weekly wage that is more than 50% of the SAWW, with a $100/wk minimum benefit and a $1,000/wk maximum benefit. Leave can be taken for up 12 weeks for family leave and 12 weeks for medical leave, not to exceed a combined maximum family and medical leave of 16 weeks/year, or 18 weeks if a serious health condition during pregnancy results in incapacity.
- Contributions: This program is funded by employees and employers. In 2022, the rate is 0.6% of the employee’s wages, capped at the Social Security maximum of $147,000, with approximately 73.22% paid by the employee and 26.78% paid by the employer. Employers have the option to cover some or all of the employees’ portion of the contributions.
State website: www.paidleave.wa.gov
Symetra Services:
- We are providing ASO services for employers’ self-insured plans that will give employers the option to have Symetra determine eligibility, track the leaves and offer advice regarding benefit calculations.
Resources:
Potential Upcoming State Leave Programs
Symetra will continue to monitor and track legislation related to paid family and medical leave programs, both at the state and federal level, and will provide updates on any important developments.
Symetra Life Insurance Company, 777 108th Avenue NE, Suite 1200, Bellevue, WA 98004.
First Symetra National Life Insurance Company of New York, New York, NY. Mailing address: P.O. Box 34690, Seattle, WA 98124.
Symetra Life Insurance Company is a direct subsidiary of Symetra Financial Corporation. First Symetra National Life Insurance Company of New York is a direct subsidiary of Symetra Life Insurance Company and is an indirect subsidiary of Symetra Financial Corporation (collectively, “Symetra”). Neither Symetra Financial Corporation nor Symetra Life Insurance Company solicits business in the state of New York and they are not authorized to do so. Each company is responsible for its own financial obligations.
Symetra® is a registered service mark of Symetra Life Insurance Company.
Symetra assumes no responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. We recommend employers speak with legal counsel specializing in labor and employment law to ensure compliance with applicable PFML and PFL mandates.
The information on this page was updated as of November 2021.