What’s New for Paid Leave Laws on Jan. 1, 2023?

What’s New for Paid Leave Laws on Jan. 1, 2023?

As we wind down the calendar year of 2022, there are several jurisdictions that have changes to paid leave laws taking effect Jan. 1, 2023.

To keep you in compliance with your paid leave requirements, following are the changes taking effect at the start of 2023.

Paid Leave Management. Simplified.

California

California has two updates for employers to note.

Family Member Definition Updated

Under the California Family Rights Act and California’s Healthy Workplaces Healthy Family Act, the definition of a family member will also include a “designated person.”

Employees may designate an individual for whom they may use time off under these two laws.

Bereavement Leave

Employers with five or more employees will need to provide their employees up to five days of bereavement leave, which must be taken within three months of the death.

This leave would need to be taken pursuant to an employer’s existing bereavement leave policy. In the absence of an existing policy, the leave may be unpaid.

Colorado

Colorado has an update to its paid family and medical leave law, effective Jan. 1, 2023.

Premiums Due

Employers need to submit premiums under Colorado’s new Paid Family and Medical Leave Insurance Act beginning Jan. 1, 2023.

Benefits are not available until 2024, however.

Employees will be able to take up to 12 weeks of paid family and medical leave (and up to an additional 4 weeks for pregnancy or childbirth complications) starting January 1, 2024.

Whitepaper: What Employers Need to Know About Paid Leave Laws

New York

Like California, there is another new definition of family member under a paid leave law in New York.

Siblings Included as Family Members

Under legislation signed by the New York governor back in November 2021, beginning Jan. 1, 2023, siblings are included in the definition of family members under New York’s State Paid Family Leave.

That means employees may take leave to care for their siblings, which includes:

• Biological siblings
• Adopted siblings
• Stepsiblings
• Half-siblings

Oregon

Paid leave laws often require more examination than other employment laws. And Oregon illustrates that with its Jan. 1, 2023, update.

Benefit Year Modified

The definition of a benefit year under Oregon’s paid family medical leave insurance program has been modified to account for overlap of a benefit year with any quarter of the base year of a previously filed valid claim.

Maine

Lastly, we come to Maine on our list of what’s new for paid leave laws on Jan. 1, 2023.

Maine’s wage statute deserves a special mention.

Payout of Accrued Vacation Required

The amended law requires private employers with 11 or more workers to pay out all unused, accrued vacation to separated employees starting Jan. 1, 2023.

This is required regardless of the employer’s policy to the contrary.

Paid Leave Glossary

Conclusion

Ah, paid leave. It continues to evolve in jurisdictions across the U.S.

The updates to paid leave laws on Jan. 1, 2023, are a perfect illustration of the challenges facing large employers.

And 2023 promises to be an interesting year for employment law. As always, Employment Law News will be watching to keep you informed of changes you need to know to stay in compliance.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.