November 29, 2022

State Updates

Department of Family and Medical Leave (DFML)

The DFML has released the 2023 required poster and employee notices for the Paid Family and Medical Leave (PFML) program. As a reminder, the poster must be displayed at the workplace in a location where it can be easily read. The poster must be available in English and each language which is the primary language of 5 or more individuals in your workforce. You can find the poster in additional languages here.

You are also required to provide written notice (hard copy or electronic) to current covered individuals (W-2 and 1099-MISC workers). The contribution rate changes annually and employers are required to give notice to their employees 30 days (by December 2, 2022) prior to the effective date (January 1, 2023). Note: providing the notice to current employees is informational only. Your current employees are not required to sign/acknowledge receipt of the new notice.

As you hire new employees, you must notify them within 30 days as well. The notice may be provided electronically and employees and/or contractors must acknowledge receipt or decline to acknowledge receipt of the information. You should retain the acknowledgments. Don’t forget to complete the information in the notice prior to sending to your employees and/or contractors.

2023 Notice for workforce with 25 or more covered individuals 2023 Notice for workforce with fewer than 25 covered individuals

2023 Notice for workforce with 25 or more covered individuals
2023 Notice for workforce with fewer than 25 covered individuals

New Jersey

We previously noted that some of the updates for Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) were proposed. We wanted to provide the final numbers:

● 2023 Maximum Weekly Benefit: $1,025 (benefit percentage is 85% of average earnings)

● 2023 Minimum Earnings Requirement: Employees need to have worked 20 weeks earning at least $260 weekly, or have earned a combined total of $13,000 in the base year.

● 2023 Worker Contribution for TDI: No workers contributions for 2023. Employer contributions, however, are still required. To understand more about how the New Jersey Labor and Workforce Development determines employer contributions for TDI – go here.

● 2023 Employer taxable wage base will be $41,100.

● 2023 Worker Contribution for FLI: 0.06% of the first $156,800 in covered wages. The maximum contribution for 2023 is $94.08. Employers are not required to contribute to FLI benefits.

New York

A quick reminder that New York’s Paid Family Leave (PFL) program will have a new “family member” starting January 1, 2023. Employees will be able to claim PFL benefits when they need to provide care for a sibling with a serious health condition. Sibling is defined as a biological or adopted sibling, a half-sibling or step-sibling.

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