Paid Family & Medical Leave State Guide

Support for Paid Family Medical Leave Growing Nationwide

There’s been a recent push by several states to pass their own Paid Family and Medical Leave (PFML) and Paid Family Leave (PFL) mandates in the absence of a national law outside of The Family and Medical Leave Act, which only guarantees eligible employees up to 12 weeks of unpaid leave. Employers will need to comply with new regulations, which vary by state, or determine if they want to provide a private-plan, if allowed by the state. For employers with employees in multiple states, staying compliant with emerging regulations can be complicated and time-consuming.
 
As the No. 1 Leave Management1 and fully-insured Disability2 sales carrier nationwide, The Hartford has the experience to work with employers to navigate this changing landscape and minimize its impact on employees.
 

Working Together on Private Plans

The Hartford is here to help employers as they develop private plans, if that is an option in the state. In states that allow private plans, we will evaluate to determine if we are in a position to administer a self-insured Paid Family Leave and/or Paid Medical Leave plan in addition to any insured Disability products you may have with us. If you have employees in multiple states, we will help keep your business compliant in each location through our leading absence management software and capabilities with The Hartford’s Ability Advantage.
 
We currently support the following statutory plans as part of our fully-insured Disability lines of coverage:
 
The Hartford is tracking legislative developments and will update this page with important changes. Speak with your representative at The Hartford with specific questions and scenarios.
Paid Family & Medical Leave Laws at a Glance

Program Name & Description

Paid Family Leave (PFL)
Partially paid leave to care for a seriously ill or injured child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner and for parents to bond within the first year with a biological, foster or adopted child.

CA PFL will expand in Jan. 2021 to cover exigencies related to military active duty or call to active duty of an employee’s family member. 
 
State Disability Insurance (SDI) 
California state program that provides short-term Disability Insurance (DI).
 
NOTE: San Francisco Paid Parental Leave supplements CA PFL when used for bonding providing up to 100% of an employees’ weekly pay (2019 weekly max of $835) for workers who work in San Francisco.
 

Benefits

PFL
  • 6 weeks
  • 60-70% of pay, up to $1,252/week
SDI
  • 52 weeks
  • 60-70% of pay
  • Up to $1,252/week

State Website

The Hartford Website

 

Private Plan Option

Yes

Program Name & Description

Family & Medical Leave Insurance (CT FMLI) 
Passed in May 2019 CT FMLI is expected to start paying benefits in January 2022. Many details are yet to be decided. The new legislation calls for a Paid Family and Medical Leave Insurance Authority to be formed in the summer of 2019. The CT FMLI law mandates employee contributions will be capped at 0.5 percent of their weekly wages up to the social security maximum. There is no financial contribution from employers. The authority will set employer regulations.
 

Benefits

  • Up to 12 weeks combined Family or Medical Leave.
  • 95 percent of the employee's base weekly earnings up to 40x the minimum wage.
  • Employees earning more than minimum wage will receive an additional 60 percent of their weekly pay above minimum wage.
  • Maximum benefit is based on 60 times minimum wage and eventually increases to $900/week.
  • The maximum benefit is based on 60 times the minimum wage. Expected to be $825/week (based off an expected minimum wage of $13.75/hour) when benefits start in 2022 and $900/week (based off an expected minimum wage of $15/hour) in October  2023.

The Hartford Website

 

Private Plan Option

Yes
 

Program Name & Description

Paid Family Leave (PFL)
One program funded by employers for family and medical leave that provides parental leave for bonding with a new child, family leave to care for a family member with a serious health condition and medical leave to care for the employees' own serious health condition. Employers cannot collect any portion of this tax from employees through payroll deduction. DC PFL is in addition to other benefits employers provide to employees.
 
July 1, 2019, the District will begin the collecting taxes from employers.
 
July 1, 2020, the District will begin administering paid leave benefits.
 

Benefits

  • A total of 8 weeks for a combination of Paid Family and Medical Leave
  • Up to 8 weeks of Parental Leave
  • Up to 6 weeks of Family Leave to care for family member
  • Up to 2 weeks of Medical Leave
  • Up to 80% of average weekly pay with a $1,000 a week max

State Website

 

The Hartford Website

 

Private Plan Option

No

Program Name & Description

Hawaii Family Leave Law (HFLL)
Hawaii Family Leave Law (HFLL) offers four-weeks of unpaid leave to workers at employers with 100 or more employees that have at least six months of consecutive employment. Employees can use it for the birth or adoption of a child or to care for a sick child, spouse, sibling or parent.
 
Temporary Disability Insurance (TDI)
With few exceptions, all employers must provide Paid Leave through Temporary Disability Insurance (TDI) for an employee’s non-work related illness or injury, including recovery from pregnancy.
 

Benefits

HFLL Duration
  • 4 weeks
TDI Duration
  • 26 weeks

State Website

The Hartford Website

 

Private Plan Option

Yes

Program Name & Description

Paid Family & Medical Leave (PFML)
A single program that covers both family leave and leave for an employee’s own illness, injury or disability that did not result from their job.
 
Family Leave can include family military whether it be active duty or qualifying exigency, caring for a service member with a serious condition related to their service or caring for a family member with a serious health condition. MA PFL can also be used for parents to bond within the first year with a biological, foster or adopted child.
 

Benefits

  • A total of 26 weeks for a combination of Paid Family and Medical Leave
  • Up to 12 weeks of Family Leave (includes active duty family military leave plus bonding time)
  • Up to 12 weeks care of family member
  • Up to 20 weeks of personal Medical Leave/Disability
  • Up to 26 weeks of caregiver benefit for service member
  • Up to 80% with  $850 per week max

State Website

 

The Hartford Website

 

Private Plan Option

Yes

Program Name & Description

Family Leave Insurance (FLI)
As of Feb 19, 2019, includes care for children of any age, spouse, parent, parents-in-law, siblings, grandparents, grandchildren, domestic partners, one partner in a civil union couple, any other person related by blood, any person with whom employee shows to have the equivalent of a family relationship qualify under NJ FLI. The program was also expanded to cover victims of domestic or sexual violence.
 
2019: Caring for a child (up to age 18), parent, spouse, or civil union partner. Covers bonding for parents with a biological, foster or adopted child.

2020: Parental bonding with a biological, foster or adopted child remains in the law.
 
Temporary Disability Benefits (TDB)
State mandated program provides cash benefit for workers who cannot work due to illness, injury or disability not related to their job.
 

Benefits

FLI Duration
  • 2019: 6 weeks (42 days intermittent)
  • 2020: 12 weeks (56 intermittent)
TDB Duration
  • 26 weeks
2019: Workers receive up to 66% of their weekly pay up to $650
 
2020: 85% of average weekly wage up to max. of 70% of statewide average weekly wage (in 2019 that’s $860 per week)
 

State Website

 

The Hartford Website

 

Private Plan Option

Yes

Program Name & Description

Paid Family Leave (PFL)
Pays employees on leave while caring for family members. This includes, bonding with a child in the first year and caring for a spouse, domestic partner, child, stepchild, parent, stepparent, parent in-law, grandparent and grandchild.  Employees may also take NY PFL when a spouse, domestic partner, child or parent is called to active military service in a foreign country or has been notified of impending deployment.
 
Disability Benefits Law (DBL)
New York requires employers to provide disability benefits to employees when they suffer an injury or illness off-the-job.
 

Benefits

NY PFL 2019
  • 10 weeks
  • 55% of weekly pay
  • Up to $746.41/week
  • Employee paid – employee  pays .153% of gross earnings up to $107.97/year
NY PFL 2020
  • 10 weeks
  • 60% of weekly pay
  • Max to be announced by state
  • Maximum employee contribution rate, and covered wage maximum announced by state each year on September 1.
NY PFL 2021
  • 12 weeks
  • 67% of weekly pay
  • Maximum employee contribution rate, and covered wage maximum announced by state each year on September 1.
NY DBL 2019
  • Up to $170 a week
A total of 26 weeks for NY DBL and NY PFL combined is allowed in 2019.
 

State Website

 

The Hartford Website

 

Private Plan Option

Yes

Program Name & Description

Temporary Caregiver Insurance (TCI)
State program gives cash benefits to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law or grandparent and for parents to bond within the first year with a biological, foster or adopted child.
 
Temporary Disability Insurance (TDI)
Rhode Island state program that provides benefit payments for employees who miss work due to temporary disability or injury not caused from work-related activities.
 

Benefits

TCI
  • 4 weeks
  • Up to $852/week
TDI
  • 30 weeks
  • Up to $852/week

State Website

 

The Hartford Website

 

Private Option

No
 

Program Name & Description

Paid Family & Medical Leave (PFML)
A single program that covers both family leave and leave for an employee’s own illness, injury or disability that did not result from their job. Eligible employees can take leave to: welcome a new child (through birth, adoption, or foster placement), recover from a personal illness or injury, care for an ill or injured relative and respond to certain family military-connected events.
 

Benefits

  • Up to a total of 16 weeks for a combination of paid family and medical leave (or 18 weeks if complications resulting from pregnancy)
  • Up to 12 weeks of family leave
  • Up to 12 weeks of personal medical leave. Two additional weeks when the leave is for incapacitation due to pregnancy complications
  • Up to 90% of their gross wage, to a weekly max. of $1,000

State Website

 

The Hartford Website

 

Private Option

Yes
States Considering Paid Family & Medical Leave Legislation (as of June 21)

Program Name & Description

Paid Family & Medical Leave (PFML)
A single program that would cover both family leave and leave for an employee’s own illness, injury or disability that did not result from their job.
 

Proposed Benefits*

  • Up to 66% of weekly wages or 100% of the state average weekly wage, whichever is lower
  • Bill HP 657 limits leave to up to 6 weeks
  • Bill HP 1023 would allow up to 12 weeks family leave and 20 weeks of medical leave – with no more than 20 weeks aggregate

Expected Adjournment

June 19

Program Name & Description

Paid Family & Medical Leave Insurance
The bill defines family leave as parental leave within one year of the birth of a biological child or placement of an adopted or foster child. Family leave would also cover leave for the care of a family member with a serious health condition. Family member includes a spouse, child or stepchild, parent or in-law, sibling and stepsibling, grandparent, grandchild, domestic partner and “Any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship.
 

Proposed Benefits*

  • Up to 10 weeks parental leave
  • Up to 8 weeks paid leave for medical care for self or family member in first year of program with a proposed increase in following years
  • Up to 100% wage replacement for those making minimum wage

Expected Adjournment

June 30

Program Name & Description

Paid Family Leave (PFL)Pays employees on leave while caring for family members. This includes, but is not limited to, bonding with a newborn child.
 

Proposed Benefits*

  • 12 weeks
  • Up to 100% full rate of pay

Expected Adjournment

Year-round
 
 
7471 NS 06/19
 
1 LIMRA 2018 Absence Management / Family Medical Leave Sales and In Force.
 
2 LIMRA Disability Sales & In Force, 2018 Summary.
 
* Benefits outlined in pending legislation refer to language of original bill introduced and are not reflective of amendments that may have been included as part of the legislative process.
This informational material is subject to change as we continue to receive guidance from each state. It shall not be considered legal advice. The Hartford assumes no responsibility for legal compliance with respect to your business practices, and the views and recommendations contained herein shall not constitute our undertaking on your behalf, or for the benefit of others, to determine or warrant that your business operations are in compliance with any law, rule, or regulation. Those seeking resolution of specific legal or business issues, questions, or concerns regarding this topic should consult their own attorney or business advisors.
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