February 17, 2023

City and State Updates

California

City of San Francisco

The City by the Bay is once again differentiating itself by passing the Military Leave Pay Protection Act in January 2023. The ordinance goes into effect on February 19, 2023 and requires employers (with 100 or more employees, regardless of location) to provide paid leave for employees taking military leave. Here are the details:

  • A covered employee means any employee (including part-time and temporary employees) who works within the geographic boundaries of San Francisco and who is a member of the reserve corps of the United States Armed Forces, National Guard, or other uniformed service of the United States.
  • Employers will be required to pay the difference between the amount of the employee’s gross military pay and the amount of gross pay the employee would have received if not for military leave.
  • The supplemental pay under this ordinance can be taken in daily increments for one or more days at a time, for up to 30 days in any calendar year.
  • If an employee does not return to the company after 60 days of release from military duty, the employer may treat any compensation given to the employee under the ordinance as a loan payable with interest.

The Office of Labor Standards (OLSE) will be responsible for implementation and enforcement of the ordinance. The ordinance does not mention a required poster or notice that employers must provide to employees. If and when the OLSE releases any resources (guidance, FAQs, rules) regarding the ordinance, we will be sure to share them.

Illinois

The Land of Lincoln may have a new paid leave for any reason law on the books come January 1, 2024. Senate Bill 208 has been sent to Governor Pritzker who is expected to sign the legislation. The law will apply to all employers and most employees. Employees will accrue one hour of paid leave for every 40 hours worked which will be capped at 40 hours of paid leave per year. The paid leave may be used for any purpose and employers may set a minimum increment of use of paid leave which cannot exceed 2 hours per day. Other important details include:

  • Employers who frontload the 40 hours of paid leave to employees on the first day of employment or the first day of the 12-month period will not be required to carry over hours year to year. Employers who choose to have employees accrue the paid leave will be required to carry over unused leave year over year, but they can cap the number of paid leave hours at 40 hours annually.
  • Employees may start using paid leave 90 days following commencement of their employment or 90 days following the effective date of the law (e.g., March 31, 2024), which is later.
  • Employees are not required to provide a reason for leave nor are they required to provide documentation or certification as proof or in support of the leave.
  • For foreseeable leave, employers may require the employee to provide 7 calendar days’ notice before the leave is to begin; for unforeseeable leave, employees must provide notice as soon as is practicable.
  • Employers who have a policy in place that meets the minimum requirements of the law are not required to modify their policy.
  • Employers must maintain records (for at least three years) of hours worked, paid leave accrued and used, and the paid leave balance, for each employee. Paid leave accruals must be provided to employees upon request.

There will be a required notice that will be developed by the Illinois Department of Labor which will need to be posted in a conspicuous place at the employer’s premises as well as included in a written document, or written employee manual or policy if the employer has one. 

Rhode Island

The Department of Labor and Training has updated its combo poster for 2023. The only update is to the minimum wage. As a reminder this poster must be displayed where all employees can see it. Those who have employees who work remotely or telecommute may send this link via email or text to those who work off-site.

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