 Paid Leave Updates - March 2024
Hello!
You’re receiving this message because you expressed interest in receiving updates on the Paid Leave program. As we continue to ramp up this program that launches in January 2026, we look forward to sharing monthly updates on our progress. Below are some of the highlights – and you can invite others to sign up for Paid Leave email updates here.
Rulemaking
As part of the rollout of the program, the Paid Leave division will be conducting rulemaking. The legislature often directs state offices to propose rules to implement the statutes they are responsible for. Rules provide clarity and uniformity to fill in details that were not put directly in the statutes.
To that end, the Paid Leave division has recently published a Request for Comments. At this stage, DEED does not have draft rules, but we are requesting comments to help kick off this process.
DEED is seeking feedback about the following potential topics for new rules for the Paid Leave program:
- Rules to further define the term “health care provider.”
- Rules to identify what serious health conditions and other events are prospectively presumed to constitute a seven-day qualifying event such that an employee could seek benefits under the Paid Leave program.
- Rules to set out the procedures for hearings regarding appeals of determinations made in the Paid Leave program;
- Rules to set out the process for documenting safety leave
- Rules regarding private plans that provide paid family, paid medical, or paid family and medical benefits, including rules specifying the way an employer must provide a notice of withdrawal from a private plan and rules requiring private plans to submit reports to DEED.
As time permits, DEED may consider adopting other new rules identified in the rule review process.
You can submit comments through the Office of Administrative Hearings website.
Hiring Spotlight
Consider joining our team! We are a start-up in state government and are actively hiring for leaders to deliver on the promises of the legislation. Both positions highlighted will be part of our Strategy team.
Top Questions We're Hearing:
1. Will I be responsible for paying my employee’s wages while they are on leave?
No. When Paid Leave goes live, payments will be made to employees (applicants) directly.
As the employer, you are not responsible for the salary or wages while someone is on leave. However, any portion of the employee's health insurance benefits you normally cover, you are required to continue. You may choose to require the employee to continue to pay their share of their contribution to these benefits while they are on leave.
2. I work for a religious organization or non-profit organization that is not required to participate in the Unemployment Insurance program, does that mean I am not required to participate in Paid Leave?
No. The Paid Leave program is a new program distinct from the Unemployment Insurance program. Religious organizations and non-profits are not exempt from participation in the Paid Leave program.
3. Will my premiums increase if my staff uses the program?
No. Unlike Unemployment Insurance, the Paid Leave program does not have an experience rating that increases cost in line with use of the program.
For More Information
You can find FAQs for employers, individuals, and families on our webpage here.
Still Have Questions?
If you have a Paid Leave question that isn’t yet answered on our website, please submit your question here.
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