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The COVID-19 pandemic has changed the way we live and work, and three years after its inception, we are still seeing the after-effects. Over the past few years, Americans have focused more on prioritizing their health and well-being, which has been the catalyst for several developing areas of the law. More and more states are adopting paid sick and family leave, employers are continuing to develop innovative remote and hybrid work models, and employees are asking for employers' help in addressing and accommodating mental health concerns. Employers should pay particularly close attention to these trends in 2023.
#1: Expansion of paid family medical leave under state law
While the federal Family and Medical Leave Act provides 12 weeks of unpaid family leave, many states have recently enacted, or plan to enact, their own statutes requiring employers to provide paid leave. Last year, 25% of U.S. workers had access to paid family leave. This number will rise in 2023 due to the new paid family leave laws going into effect. Employers with presences across a number of U.S. states should pay close attention to these developments so that they can ensure compliance in all states where they maintain a presence.
Paid family leave laws are in effect in California, Connecticut, the District of Columbia, Massachusetts, New Jersey, New York, Rhode Island and Washington. Other states have enacted such laws that have not yet gone into effect: Colorado, Delaware, Maryland and Oregon. In addition, New Hampshire, Vermont and Virginia have enacted paid family medical leave laws with voluntary programs that employers can opt into. The New Hampshire program went into effect on Jan. 1 and the Vermont program goes into effect for private employers in July. The trend of enacting paid family leave statutes is set to continue.
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