The last few years have seen a boom in state legislation that is designed to protect employees, and much of the legislation focuses on leaves of absence and continuation of coverage. (Photo: Shutterstock)
The Family and Medical Leave Act (FMLA) took effect on August 5, 1993 requiring covered employers to provide job-protected leave to covered employees for their own medical reasons or to care for family. FMLA also requires a continuation of health plan coverage for the maximum 12 weeks of leave; however, the Act does not require the leave to be paid. Due to the lack of a federal paid leave law, some states began enacting paid leave laws as early as 2004.
While few states were on the progressive side, the last few years have seen a boom in state legislation that is designed to protect employees, and much of the legislation focuses on leaves of absence, continuation of coverage, and, in some cases, the requirement for such leave to be paid. Two interesting recent examples are California and New York.
Early leaders
California's leave laws have been in place for decades, but have undergone various changes, including revisions in 1999, 2004, 2011, 2012, and most recently, 2017. California Senate Bill No. 63 implemented the New Parent Leave Act (NPLA) as of January 1, 2018. Affording protected leave to employees of employers with 20 or more employees, this marked a significant change from the state's previous requirement laws that applied only to employers with 50 or more employees. Employers subject to California law must consider the interaction of all state and federal leave laws, including the NPLA, FMLA, California Family Rights Act (bonding leave), and Pregnancy Disability Leave (PDL).
Unlike California's law, which expanded an existing law, New York passed a brand new leave law, and it happens to be the most generous paid leave law in the United States to date. Effective January 1, 2018, New York's Paid Family Leave Benefits Law (PFLBL) is being phased in over four years with full implementation in 2021. The law requires privately owned employers to provide paid leave to employees in three situations: (1) for a father or mother to bond with a new child (birth, adoption, or foster); (2) to care for a close relative with a serious health condition; or (3) to care for a close relative when another close relative has been called to active military service.
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