Paid Family Leave Headlines | October 2023

Here’s what you should know about paid family leave for the week of October 15, 2023:

California

California’s Employment Development Department has announced customer service improvements as part of its modernization effort, EDDNext. Check out EDD’s announcement here.

Colorado

Colorado continues to develop and propose regulatory amendments to implement its new Family and Medical Leave Insurance Program. In its latest newsletter, it addressed the following topics:

• If an employee’s need for leave is unforeseeable or applying for PFL benefits in advance is not foreseeable, the employee can submit an application for benefits up to 30 days after the leave has begun. If the application is received between 30-90 days from the leave start date, it will be considered so long as there is “evidence of a good reason for the delay.”

• FAMLI benefit payments will become available in January 2024. Benefit payments will not be paid before the first day of the absence. Payments will be made in arrears and issued weekly (although biweekly payments are allowed by law). There is no waiting period. Payments will be made via direct deposit or to a debit card.

• To be eligible for FAMLI leave, an employee must have earned at least $2,500 in wages in the previous five quarters. There is no minimum number of days someone needs to work to be eligible for FAMLI benefits. The employee must work for the same employer for at least 180 days to have job protection during a FAMLI leave.

Additional Resources

• FAMLI Newsletter — September 28, 2023 (govdelivery.com)

Connecticut

The CT Paid Leave Authority has announced that the contribution rate for 2024 will remain the same, at 0.5%.

Massachusetts

Massachusetts has announced important changes to its Paid Family and Medical Leave Act. Here are the key points:

• Effective November 1, 2023, all employees using PFL are allowed to “top off” their benefit payments by using accrued paid leave. Employers must give employees the option to use accrued paid leave while also receiving PFL. Employers cannot require that employees exhaust paid time off while using PFL.

• In 2024, the contribution rate for employers with 25+ employees will be .88% and will be .46% for smaller employers.

• Massachusetts also announced their annual increase to the maximum weekly benefit amount. In 2023, the maximum weekly benefit was $1,129.82. It increases to $1,149.90 in 2024.

Additional Resources

• Critical Updates to the Massachusetts Paid Family and Medical Leave Law (shrm.org)

• Massachusetts Announces 2 Major Changes to Paid Family and Medical Leave: What Do Baystate Employers Need to Know? | Fisher Phillips

Michigan

Michigan does not have a private-sector paid family leave law. Governor Gretchen Whitmer has recently emphasized that enacting a PFL law is a top priority.

Minnesota

Minnesota Governor Tim Walz and the Department of Employment and Economic Development appointed Greg Norfleet as director of the state’s new PFL program. Minnesota’s PFL program will launch in 2026. Learn more here.

New York

New York has launched a website with information about how its PFL program will be administered in 2024. The maximum weekly benefit will increase on January 1, 2024, to $1,151.16 ($20.08 more than the maximum benefit in 2023).

Oregon

Oregon’s new paid family leave program is officially effective. The application system opened on August 14, 2023 and employees started taking leave after September 3.

Washington

Axios Seattle reports that Washington state officials have had trouble with timely processing of paid leave applications. The Employment Security Department is requesting 49 more workers and warns that the lag time to process applications could grow from five weeks to four months.