State and Local Law Update

One of the most difficult things for human resource and absence management professionals to do is keep up with changing state and local laws.

Below is a brief summary of some new laws of interest:

Arizona 

Arizona has released an Earned Paid Sick Time Poster that must be displayed by covered employers.

California

 In Augustus v. ABM Security Services, the California Supreme Court has ruled that certain “on call” rest periods do not comply with the California Labor Code.

The California Department of Fair Employment and Housing has created a sample Request for Reasonable Accommodation package to assist employers and employees in engaging in the interactive process.

Cook County, Illinois

 Several suburban municipalities in Cook County have begun the process of opting out of the county’s new paid sick leave law.

District of Columbia

The D.C. Council has approved paid family leave. The act provides some of the most generous family leave benefits in the nation. The paid leave program will be paid for with a payroll tax on employers of 0.62 percent of wages that will go into a Universal Paid Leave Fund. It will provide private-sector employees (including employees of nonprofit organizations) and self-employed individuals who opt in with up to six weeks of family medical leave, 8 weeks of parental leave and two weeks of qualifying personal medical leave in a 52-work-week period. The new tax will begin to be collected on March 1, 2019 and benefits can begin on July 1, 2020.

Illinois

Illinois has amended the Employee Sick Leave Act to make a number of changes, including adding step children and domestic partners to the list of persons for whom an employee can use sick leave. The amendments also limit an employer’s ability to request written verification from a health care professional of the employee’s absence. 

Morristown, New Jersey

Morristown has released a new poster regarding its Paid Sick Time Ordinance, which went into effect on January 11, 2017.

New York

The State of New York has issued proposed rules for its new paid family leave law. All private employers with at least one employee will be required to provide paid family leave benefits to their employees by purchasing a paid family leave insurance policy or electing to self-fund. The regulations address eligibility, coverage, the phase-in schedule and include information on how employees, employers and insurance carriers will interact to pay out benefits. The employer merely completes one section of a claim form before it is submitted to the carrier by the employee. The Paid Family Leave (PFL) Law goes into effect on January 1, 2018. If an employer’s current practice involves paying employees full salary while they are out on family leave, the employer will be entitled to seek reimbursement from the carrier providing PFL benefits in the same manner as if it were seeking reimbursement for workers’ compensation benefits. Employers will be required to provide written policies, guidance or notifications to employees regarding leave.

San Francisco, California

San Francisco has released a poster for the Paid Parental Leave Ordinance and updated the posters for the Paid Sick Leave and Health Care Security Ordinances.


John Garner

About John Garner

John Garner has over thirty five years of experience in employee benefits. He specializes in compliance, health care reform, the Health Insurance Portability and Accountability Act (HIPAA), the Consolidated Omnibus Budget Reconciliation Act (COBRA), and the Employee Retirement Income Security Act (ERISA). He helps clients with life, health, and disability benefits, cost containment, flexible benefits, and claim consulting.

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