September 30, 2019

The Larkin Company Newsletter

Updates and Reminders
California: Update
Massachusetts: Reminder
New York: Update
Oregon: Update

San Francisco is keeping in lockstep with the recent expansion of Paid Family Leave (PFL) benefits from six to eight weeks.  Effective July 1, 2020, under the San Francisco Paid Parental Leave Ordinance (SFPPLO), employers will have to provide eligible San Francisco employees with up to 8 weeks of supplemental compensation when an employee takes time off to bond with a new child and the employee receives Paid Family Leave benefits.  No action is required if you are already providing supplemental compensation (“top-up” pay) for at least 8 weeks duration.

Contributions to fund the Paid Family and Medical Leave Program begin on October 1, 2019.  Contributions are based on any wages paid on or after October 1st and are not dependent on the date when the wages were earned.  The first quarterly report (for October – December) and contributions are due to the Department of Family and Medical Leave (DFMLA) no later than January 31, 2020.  Employers are required to provide written notice to their current workforce by September 30, 2019.  For more information, required notices and workplace poster, visit the MA PFML Employer page.

New York
Beginning January 1, 2020, the New York Paid Family Leave benefits will increase to 60% of an employee’s average weekly wage (up to a cap of 60% of the current Statewide Average Weekly Wage of $1,401.17).  The maximum weekly benefit for 2020 will be $840.70.  Employee contributions increase slightly to 0.27% of annual wages with a maximum annual contribution of $196.72.  The weeks of leave allowed under the program remains at 10 weeks for 2020 with an increase to 12 weeks in 2021.

As expected, Governor Kate Brown signed House Bill 2005 on August 9, 2019.  When the law goes into effect, Oregon will become the eighth state to adopt legislation requiring paid family and medical leave for eligible employees.

The bill will provide workers earning at least $1,000 in a year with 12 weeks of paid leave for their own serious health condition, to care for a sick family member, to bond with a new baby, or to deal with issues related to domestic violence, sexual assault, stalking or harassment.  The cost will be split 60-40 between workers and employers with contributions beginning in 2022 and benefits beginning in 2023.  Business with fewer than 25 employees would not have to contribute the employer portion.  Benefits will be based on the eligible employee’s average weekly wage.

We will provide updates as the program develops.

Prior to signing House Bill 2005, Governor Brown signed Senate Bill 796 in June.  The law provides protected leave under the Oregon Family Leave Act (OFLA) for employees who require time away from work for organ or tissue donation.  The definition of a serious health condition under OFLA will be expanded to account for the change.  The law goes into effect January 1, 2020.

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