Paid Family Leave: New State Legislation

Paid family and medical leave is suddenly a hot topic in the state houses.  According to a recent article by the National Partnership for Women & Families, paid family leave legislation has been introduced in 27 state legislatures, including Illinois, Massachusetts, New Jersey, New York, and Oregon.  In 2004, California became the first state to provide paid paid family and medical leave. http://www.nationalpartnership.org/site/PageServer?pagename=newsroom_pr_PressRelease_070508

On May 8, 2007, Washington became the second state to offer paid family and medical leave.  Effective October 1, 2009, a covered employee may receive up to $250.00 a week for up to 5 weeks following the birth or placement of a child.  Benefits for employees who work less than 35 hours a week will be prorated.  To be eligible for this benefit, an employee must have been employed at least 680 hours during the qualifying year, file a weekly claim for the benefit, and sign a release authorizing the employer to receive confidential information.  The law also requires employers with between 25 and 49 employees to provide up to 6 weeks of unpaid leave following the birth or placement of a child.

In New Jersey, Democratic State Senators Steve Sweeney and Barbara Buono recently introduced legislation that would provide up to $488.00 a week to covered employees.  Under the proposal, the money would be paid by the State, not employers, as an expended benefit under the state's existing disability insurance program.  Paid leave would be funded by a 0.1 percent charge against an employee's weekly wages.  As proposed, the fill would allow paid leave for time off to care for a sick relative or new child,  or incident to the birth or adoption of child with the employee.  Payment would be limited to 10 weeks. 

In New York, Governor Elliott Sptizer recently proposed legislation that would grant an employee up to $170.00 a week of paid family and medical leave to bond with a newborn, to care for a family member receiving medical treatment, or to provide spiritual care for an ill family member.  Family members include domestic partners, foster parents, and grandchildren.  Paid leave would be available for up to 12 weeks. Under state law, New Yorkers can receive 6-8 weeks of temporary disability benefits of up to $170 a week after giving birth.  Governor Spitzer's proposal would allow women who give birth to receive an additional 12 weeks of paid family leave. The benefit would be paid for by employees by payroll deduction.  The legislation would cover most private sector employers and all state and local employers in New York.

Stay tuned for more developments!