Coronavirus (COVID-19) and State Updates

November 16, 2020

California (San Francisco)

The San Francisco Public Health Emergency Leave Ordinance (PHELO) has been extended through December 12, 2020. The Office of Labor Standards has updated their website and FAQs.

Colorado

After years of failed attempts to enact a paid family and medical leave (PFML) program with the state government, supporters opted to take the initiative to the votes with Proposition 118. The first PFML ballot initiative passed with overwhelming support and will make the Centennial State the ninth state (plus Washington D.C.) to provide PFML benefits to its workers.

Contributions begin January 1, 2023 with benefits available January 1, 2024. Here are the highlights of the program as it currently stands:

Funding and Covered Employees

  • PFML will be funded by a payroll tax on employees and employers (50/50 split) set to be 0.9% of the employee’s wage for 2023 and 2024.Employers may pay a larger percentage of the cost.Premiums will be adjusted in subsequent years by considering the previous year’s claims and administration costs, up to a 1.2% cap of employee’s wages.
  • The maximum employee contribution for 2023 is estimated to be $1,455.
  • PFML will apply to employers with at least one employee in Colorado.Employers with fewer than ten employees will not be required to submit the employer’s share of the premium.
  • Covered employees are those who have earned at least $2,500 in wages subject to PFML premiums and have been employed by their current employer for at least 180 days prior to the start of their PFML.

Leave Entitlement

  • Up to 12 weeks of job protected leave with four additional weeks for those experiencing pregnancy or childbirth complications.
  • Along with the return to the same position or a position with the same pay, benefits, and seniority, employers must maintain any health care benefits the employee had prior to leave, for the duration of the leave.Employees will continue to pay their share of the cost of their health care benefits while on leave.

Leave Reasons

  • Caring for a new child during the first year after the birth, adoption, or placement through foster care;
  • The employee’s own serious health condition;
  • Caring for a family member with a serious health condition;
  • For a qualifying (military) exigency; and
  • Need for safe leave (domestic violence, stalking, or sexual abuse).

Amount of Benefits

  • The maximum benefit will be 90% of the state average weekly wage to a weekly maximum of $1,100.

More to come; we’ll keep you posted as this program is developed over the next few years.

Connecticut

The Connecticut Paid Leave Authority has released some important resources for the Connecticut Paid Leave program. As a reminder, contributions (one-half of one percent of each paycheck, up to the social security cap – $142,800 for 2021) begin January 1, 2021.
Employer Fact Sheet Employer Tool Kit Employee Tool Kit Info Card Paycheck Insert Poster FAQs
Informational Videos

District of Columbia

The COVID-19 Support Emergency Amendment Act (CSEA) has been extended through December 31, 2020. The D.C. Office of Human Rights has updated their guidance document as well as their workplace poster.

Maine

The Maine Earned Paid Leave law takes effect January 1, 2021. The Maine Department of Labor’s Regulation of Employment poster was recently updated to include mention of the Earned Paid Leave requirement.

If you have any questions, please reach out to compliance_services@thelarkincompany.com.

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