People Are Asking
Q: I’m newly pregnant and my due date is in September. Can I still apply for FAMLI in 2024 if I use 12 weeks of FMLA in September, October and November of 2023?
A: Since FAMLI benefits aren’t available until 2024, you can use the 12 weeks of FMLA this year (if available to you through your employer) and still apply for FAMLI benefits in 2024 for another 12 weeks of leave. The FAMLI Act provides for bonding leave within the first year after the birth of a child, adoption or foster placement of a child. If any of that first year falls in 2024, parents would be eligible to receive paid leave regardless of any benefits they may have received from their employer in 2023.
Q: Does an Employee need to work 180 days consecutively to be eligible for job-protected leave?
A: FAMLI leave offers job protection once an employee has been at the employer they are taking leave from for more than 180 days (about six months). The 180 days do not need to be consecutive days. As long as there isn't a gap of more than a year between days worked, they'll count toward the 180.
Q: What is the difference between gross wages and subject wages?
A: “Gross wages'' refer to the individual's total earnings or their salary or hourly wages, vacation pay, holiday pay, tips, commissions, severance pay etc. while “subject wages” are the individual's wages that are subject to the FAMLI program. The FAMLI definition of included and excluded wages mirrors the Unemployment definition of included and excluded wages. Please see the Types of Payments That Are Considered Wages section of our Employers page.
Q: What happens if an employer pays premiums into the system for Q1 2023 but then secures an approved private plan? Will they be issued a refund?
A: If an employer pays premiums into the system for Q1 2023, they can apply for a refund after getting their private plan approved by the Division. The application for approval must be submitted by October 31, 2023, and the approved private plan must have an effective date of January 1, 2024 or earlier in order to receive a refund for 2023 premiums.
While employers can apply to get their self-insured private plans approved now, private insurance carriers are currently working to get their offerings of FAMLI leave policies approved. We will be posting a list of approved carriers on our website once those policies become available. Employers will still have to submit their private plan application to the Division for approval after making a purchase from an approved carrier. Please review our Private Plan Employer Guide for more details.
Q: What is the penalty if an employer deducts retroactive premiums from an employee's paycheck?
A: Retroactively deducting premiums from an employee's paycheck is not permitted except in rare circumstances, for example; if the employee's previous paycheck didn't cover their portion of the premiums. If the employer unlawfully deducted wages from the employee retroactively, the employer could be liable for the amount unlawfully deducted as well as a penalty of at least $1,000.
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