by Marti Cardi, Esq. - Senior Compliance Consultant and Legal Counsel
& Gail Cohen, Esq. - Assistant General Counsel, Employment and Litigation
January 03, 2019
Even before Baby New Year needs a diaper change, New Hampshire is first out of the gate with a redux of its 2018 paid family and medical leave (PFML) bill. A copy of the 2019 version text is not yet available but it is believed to be exactly the same as the 2018 version.
In 2018 no fewer than 20 state legislatures introduced bills for some form of paid family and medical leave program. The bills take many forms, from some fairly tepid proposals that would give employers who voluntarily provide paid family and/or medical leave a state tax credit, to full, mandated paid leave programs. And among these, there are many variations as well: programs completely run by the state; programs that allow an employer to adopt a private plan to comply with the state law; and programs that contemplate private insurance to fund and administer the paid leave program.
Every state put its own signature on its bill, but there were some common trends:
- Putting the funding responsibility on employees, either entirely or together with a smaller employer contribution
- Leave reasons that track FMLA, but often with more family relationships for whom an employee can take leave
to provide care (common additions include siblings, grandparents, grandchildren, and domestic partners)
- Requiring minimum leave increments of one work day or 8 hours
At Matrix we watch all the state legislatures through 2 daily tracking services. We also look at other factors such as the political makeup of the state legislature and the governorship. Based on 2018 activity and a strong Democratic presence in state elected positions for 2019, here is our list of states most likely to pass PFML legislation in 2019:
Of course, it is unlikely that all of these states will pass something this year. If they do, I’ll have to clone my team! But we will track the introduction of bills and their movement through the legislatures, and we’ll let you know of any major developments through Matrix’s blog www.Matrix-Radar.com and our On Your Radar monthly updates.
MATRIX CAN HELP! Matrix provides leave, disability, and accommodation management services to employers seeking a comprehensive and compliant solution to these complex employer obligations. We monitor the many leave laws being passed around the country and specialize in understanding how they work together. For leave management and accommodation assistance, contact us at [email protected].