Pregnant woman at computer withthe midterm elections in the rearview mirror, it's likely thatwe'll see more changes to paid family leave policies at the stateand federal levels in the coming year. (Photo:Shutterstock)

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HR managers in New York state faced new responsibilities — andchallenges — in 2018 with the implementation of legislation thatexpanded more generous paid family leave policies. With Massachusettsand Washington state being added to the fold in 2019, the threestates' experiences are a preview of more challenges expected thisyear as paid family leave grows in popularity, and states andemployers move to provide additional benefits for employees in anincreasingly competitive talent market.

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While those three states' programs vary in the length of paidleave each offers, national employers like Microsoft are pushingpaid leaves to the forefront of employee benefits issues to tackle.Now, with the midterm elections in the rearview mirror, it'slikely that we'll see more changes to paid family leave policies atthe state and federal levels in the coming year.

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Related: Paid family leave benefits saw major gains in2018

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As an HR manager, understanding the following national trendsand local changes surrounding paid family leave will help youbetter assist employees in navigating future policies and complexlegislation.

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1. Political power shifts at the state level

Democratic or progressive influence increased in six states withprior proposed paid family leave legislation:

  • Hawaii already has statutory disability insurance, but a billsigned in 2018 appropriated funds for a study to evaluate otherstates' paid leave programs, impacts and costs — the results ofwhich are due to the legislature in September. Prospects for finallegislation look good.
  • Colorado flipped the balance in its state Senate, creating aDemocratic trifecta, improving prospects for new paid family leavelegislation.
  • Due to the new three-fifths super-majority in the Oregon Senateand House, advocates have high hopes that 2019 is the year thatpaid family leave is enacted in Oregon.
  • Democrats won control of both branches of the legislature inNew Hampshire and, together with current Republican Gov. ChrisSununu, are likely to work toward creating a new paid family leavesystem during this term. A similar proposed bill has already beenpassed in the Senate.
  • Missouri Democrats have sponsored a bill for the 2019legislative session that includes the Missouri Earned Family and Medical Leave Act.If signed, the act would still have to win state voters' approvalas a referendum on the November 2020 election ballot.
  • Vermont's Democrats and progressives won a super-majority of102 seats in the House of Representatives, enabling them to avoid aveto from the state's Republican governor and push a paid familyleave bill over the finish line in 2019.
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2. The issue is gaining prominence at the federallevel

Both sides of the aisle sponsored paid family leave bills in2018. But now that Democrats control the House, a reinvigoratedFAMILY Act is set to be re-proposed and movedforward. The last proposal of this act was in 2017 and sponsored bySen. Kirsten Gillibrand, who intends to run for president. The billproposes 12 weeks of paid leave for family and personal medicalneeds. It also calls for funding via a new 0.4 percent payroll tax,split between employers and employees.

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Sen. Marco Rubio of Florida and Rep. Ann Wagner of Missouri haveindicated they plan to reintroduce a Republican-sponsored bill.Numerous other Democratic presidential candidates in addition toGillibrand are also expected to make paid leave a prominent part oftheir campaign platforms, so the issue looks likely to seecontinued bipartisan attention.

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3. More employers are starting to offer benefits

Companies may not go as far as Microsoft — which requires its vendor partnersto offer a minimum of 12 weeks paid leave — but employers willlikely begin to recognize the popularity of paid leave policies. Asa result, they will either start to face pressure from employees orwill be forced to add them to benefits packages to attract andretain highly skilled workers in a competitive job market.

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Keeping track of individual state legislation and payingattention to national discourse surrounding parental and medicalleave trends will help tremendously as paid family leave becomesincreasingly complex. State legislation undoubtedly serves as aframework for future employers and politicians looking to providepaid family leave in their respective districts.

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The result: a complex administrative nightmare for HRmanagers

While policymakers are increasingly understanding and respondingto the need for paid family leave, fragmented legislation will makethe process of implementing paid leaves difficult andtime-consuming for HR managers and add a layer of complexity notseen since FMLA. It will fall to HR managers to sort through thevarious paid family leave policies that multistate employersface.

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Another particularly thorny detail to sort out is how to handlebenefits for employees in adjacent states, including differentpayroll deductions and requirements per state. Outsourcing help —as needed — to a trusted disability carrier or vendor partner whendigesting a new policy may free up the valuable time required tostudy and implement new or revised programs.

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The trend is clear: leave policies will only become more complexin 2019 and beyond. As an HR manager, your best front-line defenseis a thorough understanding of the local and national trendssurrounding paid leaves. Your company and employees will look toyou to make sense of where the legislation is moving — and, whenthe time comes, they may seek your insights when putting a revisedor new paid leave program into action. Getting a jump-start on thelarger conversation, paying attention and outsourcing as needed areyour best tactics for success in 2019 and beyond.


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Breanna Scott is product and servicemanagement director with The Standard and guides the strategicdevelopment on its product portfolio, including market analysis andproduct positioning. She leads the group insurance product teamresponsible for creating and refining The Standard's employeebenefits, and voluntary product and service offerings.

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