U.S. Updates

Fasten your seatbelts and hold on tight, we have a lot to cover in this newsletter – changes are happening at a blistering pace!

City and State Updates

Alaska

A quick reminder that Alaska’s paid sick leave law, outlined in this newsletter, goes into effect on July 1, 2025.

San Francisco, California

The Office of Labor Standards Enforcement (OLSE) has updated the Paid Parental Leave form that employers must provide to employees when notified of the need for a parental leave. If you are a Larkin client and we handle your leave of absence services, we will provide your employees with the form when they request a leave of absence.

Colorado

Effective July 1, 2025, employers who meet their Family and Medical Leave Insurance (FAMLI) program obligations with a private plan will need to provide a “private plan” notice within five days of either learning of an employee experiencing a qualifying event or receiving a request for leave from an employee. The notice must include information specific to the plan such as the effective date of the plan, benefit information and contact information for the plan administrator.

The maximum weekly benefit amount for CO FAMLI has also been announced. The updated maximum weekly benefit amount will be $1,381.45, an increase from the current maximum of $1,324.21. Secondly, the State Average Weekly Wage (SAWW) increase to $1,534.94 will be considered effective July 1, 2025, and will immediately be used to recalculate the benefits of any claimants not receiving the current maximum of $1,324.21 a week. Employees receiving less than the current maximum will soon receive a notification through their My FAMLI+ account of their redetermined weekly benefit amount.

What’s more is that some other amendments to CO FAMLI are coming down the pipeline, effective on the same date of July 1, 2025. You may read the rules in full here, however, here are the main details:

• The documentation requirements for parental leave have been expanded to provide further examples of acceptable proof of parental or in loco parentis status beyond a birth certificate or application for one – e.g., other vital records showing parenthood or a written statement establishing in loco parentis status.
• Notice requirements for employers subject to the state plan are also affected, as employers now have a responsibility to individually deliver the required program notice to employees upon their transfer to Colorado.
• For employers who choose to voluntarily terminate their approved private plan, the Division will now withdraw approval effective the later of the effective date described in the notification of termination from the employer, or 30 days after receiving the notification. An employer must continue the approved private plan’s coverage through the effective date of a withdrawal, otherwise there may be a fine per employee, per day if an employer does not continue coverage through the effective date.
• Clarification on when leave is considered to begin: For continuous leaves, upon the outset of the leave. For intermittent and reduced schedules leave, upon each covered absence.

Also, thanks to Senate Bill 25-144, beginning January 1, 2026, FAMLI will expand to provide up to 12 weeks of leave for a parent whose child is receiving care in a neonatal intensive care unit. Those who qualify would be entitled to up to 24 weeks total of FAMLI leave, e.g., 12 weeks of bonding and 12 weeks of NICU leave.

Lastly, the contribution rate will decrease to 0.88% of wages per employee effective January 1, 2026. Moving forward, the contribution rate will continue to be confirmed on or before September 1 of the preceding year, with a maximum possible rate of 1.2% of employees’ wages up to the Social Security Wage limit. As a reminder, employees are never required to pay more than 50% of the total premium. Employers with fewer than 10 U.S. employees are exempt from deductions and must deduct and remit only the employee portions to the state.

Iowa

The Hawkeye State has recently approved House File 248, regarding the treatment of adoptive parents. An employer is now required to treat an employee – who chooses to adopt a child up to 6 years of age – in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits, and protections for the first year of the adoption. This change will be effective July 1, 2025, so employers with employees in the state should review and update any applicable employment policies to be in compliance with the new law.

Maine

The Maine Department of Labor has released an updated version of the required workplace poster. As a reminder, this poster should be provided to new hires within 30 days of hire and placed within the workplace where workers can easily see it. The program is still on track for going live as of May 1, 2026.

Nebraska

We previously covered Nebraska’s Healthy Families and Workplaces Act in this newsletter, but a couple changes have occurred since Legislative Bill 415 was approved. As a reminder, paid sick time accrual is not a requirement until October 1, 2025.

• Employees who are not covered under the law have been expanded to include individuals who are an owner-operator; an independent contractor; individuals in agricultural employment of a seasonal or other temporary nature; and individuals under 16 years of age.
• Covered employers are now those with 11 or more employees. This means employers with 10 or fewer employees are exempt.
• Employees do not begin accruing paid sick leave until 80 consecutive hours of employment. For employees who are paid on a commission, piece-rate, mileage, or fee-for-service basis, they must be paid by a calculation using the average weekly rate calculation provided under the Nebraska Workers’ Compensation Act, which is then reduced to an hourly rate based on a 40-hour work week.
• Paid sick time provided to an employee on or after January 1, 2025, and before October 1, 2025, shall be counted toward an employer’s obligations under the Nebraska Healthy Families and Workplaces Act for calendar year 2025.
• An employer with an existing paid leave policy that provides an amount of paid leave equal to or exceeding the requirements under this law, and that may be used as paid sick time, is not required to provide additional paid sick time nor is obligated to allow accrual or carryover benefits beyond the existing paid leave policy.
• Employers are not required to pay an employee for unused paid sick time upon the employee’s separation from employment. However, employees who are separated but then rehired within 12 months must have their accrued but unused paid sick time reinstated upon rehire, if it was not paid out at the time of separation.

The Nebraska Department of Labor has also released updated FAQs regarding the incoming law, which can be found here.

Nevada

Effective October 1, 2025, a new leave of absence law is coming into force for the state of Nevada. Assembly Bill 422 provides that an employee who is a volunteer member of the Nevada Wing of the Civil Air Patrol is entitled to a leave of absence from employment while either engaged in training for emergency missions with the Civil Air Patrol or while responding to an emergency mission with the Civil Air Patrol. Time off for training is not to exceed 10 workdays per year, and time off for responding to an emergency mission is not to exceed 30 workdays per year.

An employer is not required to provide pay during this leave, and also cannot require an employee to exhaust any other leave prior to beginning a leave of absence for Civil Air Patrol duties. Employees who request Civil Air Patrol leave shall provide certification that they are authorized to respond to or train for an emergency mission, or provide verification from the Civil Air Patrol of the emergency need for the employee’s volunteer service.

Moreover, thanks to Assembly Bill 305, health care providers in Nevada will not be able to charge their patients more than $30 to complete Family and Medical Leave Act (FMLA) certification forms. The amount will be adjusted annually based on an increase or decrease in the Consumer Price Index.

New York

The maximum weekly benefit amount for New York Paid Family Leave (PFL) benefits beginning January 1, 2026 will increase to $1,228.53 (from $1,177.32 in 2025). Other updates such as the premium contribution rate and required notices will likely be released later in the year. We will continue to monitor and share any updates as they become available.

Also, a quick reminder that New York’s paid COVID-19 sick leave requirement (for mandatory quarantine or isolation) is coming to end on July 31, 2025.

New York City

The Department of Consumer and Worker Protection (DCWP) recently updated rules related to the Earned Safe and Sick Time Act (ESSTA) to align with New York state’s requirement for employers to provide paid prenatal leave. The updated rules are effective as of July 2, 2025. Employers should update their leave policy in regard to ESSTA to include paid prenatal leave entitlements. Employers are also required to provide the policy to employees upon hire, within 14 days of the effective date of any policy changes, and upon an employee’s request.

Further, an updated Notice of Employee Rights is available and includes paid prenatal leave. The notice must be provided to new hires and when rules change, and employers must keep records of the date the notice was provided to the employee as well as proof that it was received by the employee. The notice must also be posted in the workplace.

There is a paystub requirement that requires showing the amount of paid prenatal leave accrued, used during the given pay period, and the remaining balance of paid prenatal leave available to the employee.

The DWCP has published FAQs if you would like to read more about the ESSTA and the upcoming changes.

Oregon

Signed into law on May 28, 2025 by Governor Kotek, SB 1108 provides another reason for which employees in Oregon can utilize paid sick leave. Effective January 1, 2026, employees can use their paid sick leave to donate blood. Blood donation must be made in connection with a voluntary program for the donation of blood that is approved or accredited by the American Association of Blood Blanks or the American Red Cross. As a reminder, The Larkin Company does not administer paid sick leave.

Further, Paid Leave Oregon announced the new maximum weekly benefit amount for Paid Leave for 2025-2026. Beginning on or after July 6, 2025, the maximum weekly benefit amount an employee can receive will increase from $1,568.60 to $1,636.56. Any claims with a benefit year that begins before July 6, 2025 will be subject to the previous year’s benefit rate. Please ensure any pay offsets are updated to align with this new rate.

Pittsburgh, Pennsylvania

As of January 1, 2026, per an ordinance signed by Mayor Gainey, the following changes will occur:

• Employees will be entitled to earn at least one hour of paid sick time for every 30 hours worked in Pittsburgh (currently, employees accrue one hour for every 35 hours worked in the city).
• For employers with 15 or more employees, employees may accrue up to 72 hours of paid sick leave each year (currently, the cap is 40 hours).
• For employers with fewer than 15 employees, employees may accrue up to 48 hours of paid sick leave each year (currently, the cap is 24 hours).

Rhode Island

Rhode Island’s Department of Labor and Training announced the maximum weekly benefit rate for Temporary Disability Insurance (TDI), which is increasing to $1,103 (from $1,070) effective July 1, 2025. Claimants with dependent children may be entitled to a dependency allowance, limited to 5 dependents. For claimants with 5 dependents, the maximum weekly benefit rate will be $1,489, an increase from the current rate of $1,444.

Vermont

Vermont’s unpaid Parental and Family Leave Act (PFLA) has been updated with changes effective July 1, 2025, due to the passing of H.461. Currently, the PFLA provides 12 weeks of leave for parental or family leave. Employers with 10 or more employees must provide up to 12 weeks of parental leave and employers with 15 or more employees must also provide up to 12 weeks of family leave.

Parental leave under the PFLA has been expanded to include leave for the following:

• The employee’s pregnancy;
• Recovery from childbirth or miscarriage;
• Caring for or bonding with a child for up to 1 year after the child’s birth;
• Placement of a child who is 18 years of age or younger for adoption or foster care;
• Caring for or bonding with a child for up to 1 year after the placement for adoption or foster care.

The definition of “family member” under the PFLA has been expanded to include:

• The employee’s spouse or civil union or domestic partner;
• Biological, adopted, or foster child, stepchild or legal ward;
• Child of the employee’s spouse or domestic partner;
• Any individual for whom the employee provides caregiving responsibilities similar to those of a parent-child relationship;
• Parent of the employee or the employee’s spouse/civil union/domestic partner (biological, adopted, foster, or step);
• Legal guardian of the employee or the employee’s spouse/civil union/domestic partner;
• A person to whom the employee stands (or stands for the employee) in loco parentis or stood in loco parentis prior to the person turning 18 years of age;
• Grandparents, grandchildren, or siblings of the employee or the employee’s spouse/civil union/domestic partner (biological, adopted, foster, or step).

Additionally, the reasons an employee can use their 12 weeks of PFLA now includes safe leave & qualifying exigency. 2 of those 12 weeks can also be used for bereavement. Here’s further details about these new entitlements:

Employers with 10 or more employees must provide up to 12 weeks of safe leave. Safe leave can be utilized:

• When the employee or employee’s family member is a victim or alleged victim of domestic violence, sexual assault, or stalking;
• When the employee is seeking or obtaining medical care, counseling, or social or legal services for themselves or for a family member;
• To recover from injuries;
• To participate in safety planning, either for themselves or for a family member;
• To relocate or secure safe housing, either for themselves or for a family member;
• To response to a fatality or near fatality related to domestic violence, sexual assault, or stalking, either for themselves or for a family member;
• To meet with a State’s Attorney or law enforcement officer, either for themselves or for a family member, and;
• When the employee is not the perpetrator or alleged perpetrator of the domestic violence, sexual assault, or stalking.

Employers with 10 or more employees must provide up to 2 weeks of bereavement leave. Leave must be taken within 1 year of the family member’s death. Employees may not take more than 5 workdays of bereavement leave consecutively. Employers may require documentation such as a death certificate, published obituary, or written notice from a mortuary, funeral home, etc.

Employers with 10 or more employees must provide up to 12 weeks of qualifying exigency leave related to active duty service of the employee’s family member in the U.S. Armed Forces, reserves, or the National Guard of any state. Employers may require documentation.

And finally, Vermont’s Short-Term Family Leave allows employees to take a total of 4 hours off in any 30-day period (total of 24 hours in a 12-month period) to participate in school-related activities, medical or dental appointments, professional services, or to respond to medical emergencies for only certain specified family members. As of July 1, 2025, employees will be able to take leave for the aforementioned activities for all family members as defined in the PFLA.

Also, as a friendly reminder, Vermont’s voluntary Family and Medical Leave Insurance program will be available for employees to enroll in the Individual Plan as of July 1, 2025.

Washington

The Employment Security Department (ESD) has released the 2026 maximum weekly benefit amount for the Paid Family and Medical Leave (PFML) program. The amount is increasing from $1,542 to $1,647 per week for new claims filed on or after January 1, 2026. The contribution rates and changes to any materials (required poster, paycheck insert, employer toolkit) are typically released late in the year – we will share once available.