In recent years, there has been an up tick of paid leave laws across the country. There are currently over 30 states, cities, and counties that have enacted paid leave laws with more, including federal paid leave proposals, pending within the legislative process.

While many states have established their paid leave requirements and guidelines, there are some who have recently made amendments to their policies or passed legislation to enact paid leave.

Read on for further details outlining State and Local Paid Leave Amendments and Legislation to date in 2018.

2018 Paid Sick Leave Amendments

San Francisco, CA Updated Paid Sick Leave Rules

• Updates rules such as; covered employees and employers, rate of pay, breaks in service, employee verification, notice, and documentation

New York City, NY Paid Sick Leave Amendments

• Expands the law to allow paid leave to be used by employees when they or their family members are victims of domestic violence matters (which include disorderly conduct, harassment, and other offenses), sexual offenses, stalking, and human trafficking
• Expands definition of ‘family member’

 

2018 Paid Leave Legislation

California Paid Family Leave

• Working parents will now be able to take twelve weeks of unpaid job-protected leave to bond with their newborns
• Eligibility: more than 12 months of service with the employer, worked at least 1,250 hours during the previous 12 month period, and works at a work site where the employer has at least 20 employees within a 75 mile radius

Maryland Paid Sick Leave

• Employees qualify for sick leave under the ordinances if they work regularly at least 12 hours a week for a covered business
• Employees accrue one hour of paid sick leave for every 30 hours worked or the employer may choose to front load 40 hours at the beginning of each year
• Employees can carry over up to 40 hours to the subsequent 12-month period

New Jersey Paid Sick Leave

• Effective October 29, 2018
• Law applies to all employers with the state of New Jersey
• Employees accrue one hour of paid sick leave for every 30 hours worked. Employers do have the option to front load 40 hours at the beginning of the calendar year.
• Employees can accrue up to 40 hours in a 12-month period and can carry over all accrued, unused sick time up to 40 hours
• The employer does have the option to pay out all or partial unused sick time at the end of the 12-month period. If the employee agrees to payment within 10 days from the employers offer then the employer is not required to carry over that time.

New York Paid Family Leave

• Both full-time and part-time employees are eligible if they work 26 or 52 consecutive weeks or days
• Employees are eligible for up to 8 weeks of leave with pay set at 50% of the employee’s average weekly wage
• Employers are permitted, but not required, to take deductions ($1.65) from employees pay
• Seasonal employees are eligible to complete a waiver relieving them from making contributions for paid family leave benefits

Rhode Island Paid Sick Leave

• Effective July 1, 2018
• The law requires employers with 18 or more employees in Rhode Island to provide paid sick and safe time
• Employers with fewer than 18 employees are required to provide unpaid leave
• Employees accrue leave for all hours paid, not just worked hours
• Employees accrue one hour of paid sick leave for every 35 hours worked
• Employers can cap the accrual of paid sick leave at 24 hours per 12-month period in 2018, 32 hours in 2019, and 40 hours in the years to follow

Austin, Texas Paid Sick Leave

• Effective October 1, 2018 – the court has currently blocked this law from becoming effective
• Employees qualify for sick leave under the Ordinance if they perform at least 80 hours of work in a calendar year for a covered business
• Employees accrue one hour of paid sick leave for every 30 hours worked.  Employers do have the option to front load the hours at the beginning of the calendar year.
• The law permits businesses with 15 or more employees to cap the accrual of paid sick leave at 64 hours per 12-month period based on a 12-month period
• Employees can carry over up to 64 or 48 hours (depending on employer size) to the subsequent 12-month period

San Antonio, Texas Paid Sick Leave

• The major announced that that he will establish a commission to propose potential changes to the ordinance. This process will allow for business community input and could also delay implementation, allowing the state legislature time to take up the matter in 2019.

State of Washington Paid Sick Leave

• Most employees must accrue paid sick leave at a minimum rate of one hour of paid sick leave for every 40 hours worked. This includes part-time and seasonal workers.
• Paid sick leave must be paid to employees at their normal hourly compensation
• Employees are entitled to use accrued paid sick leave beginning on the 90th calendar day after the start of their employment
• Unused paid sick leave of 40 hours or less must be carried over to the following year

More paid leave laws will become effective in 2019 and beyond. There are also many proposals moving through the legislative process, including federal paid leave laws. The laws that have already passed are all similar but very different in the details. The NPRC is continuously working with state agencies to get clarifying information and details broken down to a level the employers and our systems can maintain.