CO, OR, WA and Philadelphia Leave Updates

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Many states are updating their paid leave policies to encompass a broader perspective on health, wellness, and social responsibility. The following changes were recently approved expanding existing Colorado, Oregon and Washington policies.

Colorado’s Paid Family and Medical Leave Amended:

Colorado amended its Family and Medical Leave Insurance (FAMLI) law to provide additional leave for parents with children in neonatal intensive care and slightly lowered employee wage premiums starting January 1, 2026.

Senate Bill 144 provided 12 additional weeks of paid family leave for parents with infants in neonatal intensive care units (NICU) and reduces the FAMLI payroll tax from 0.9% to 0.88% of wages per employee effective January 1, 2026.

The bill is seen as a lifeline for over 160,000 workers who have used the FAMLI program, providing crucial support during stressful times without sacrificing financial security.

Employers will need to review and confirm leave policies, payroll systems, and HR communications are ready to reflect these changes before the end of the year.

Oregon Expands Paid Sick Leave:

Effective January 1, 2026, Oregon’s paid sick leave law will include blood donation as a valid reason for paid sick leave, if connected with a voluntary program accredited or approved by the American Association of Blood Banks or the American Red Cross.

Oregon joins San Francisco in allowing paid sick leave for blood donation purposes.

Washington Safety Rights for Victims of Hate Crimes:

Starting January 1, 2026, Washington SB 5101 will require employers to provide unpaid leave and safety accommodations for employees who are victims of hate crimes or have a family member who is a victim of a hate crime.

Employers must provide reasonable safety accommodations, such as transfers, reassignments, modified work schedules, and changes to contact information, unless it causes undue hardship.

This law, which expands the existing Domestic Violence Leave Law,  defines hate crimes as crimes based on race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or disabilities.

This law goes beyond mere legal requirements—it’s about fostering workplaces where individuals feel safe, supported, and acknowledged.

Washington Pregnancy Accommodation Protections:

A new law, expanding pregnancy and postpartum workplace accommodations was signed on May 20, 2025, by Governor Bob Ferguson. It will take effect on January 1, 2027.

The law requires all employers, regardless of size, to provide pregnancy and postpartum accommodations. This includes nonprofit sectarian and religious organizations.

Employers must pay employees their regular rate of pay for break time used to express breast milk and for travel time to access lactation locations. These breaks must be separate from regular meal and rest periods.

The definition of reasonable accommodation now includes scheduling flexibility for postpartum medical visits, in addition to prenatal visits.

This is a call for HR leaders and legal teams to review and update policies, provide manager training, and ensure alignment with the evolving expectations surrounding workplace equity and health.

Update to Philadelphia Paid Sick Leave Obligations:

Philadelphia, Pennsylvania enacted an amended ordinance, which became effective immediately. The law includes updates to the Promoting Healthy Families and Workplaces Ordinance (Power Act), the city’s paid sick leave law and includes several key provisions:

  • Paid Sick Leave: Ensures CBA-covered probationary employees have access to paid sick leave.
  • Tipped Employee Pay Rates: Adjusts sick pay rates for tipped employees. Paid sick leave must be paid at the same hourly rate with the same benefits that they’re typically paid. Tipped employees paid a sub-minimum wage must receive state minimum wage when using paid sick leave.
  • Retaliation Protections: Provides streamlined protections against retaliation for employees by expanding the provision to include “any person associated with the employer”.
  • Notice to employees: Employers are no longer required to include a mandatory notice in the employee handbook.
  • Civil Penalty: Up to $2,000 per violation, with no need for the violation to be “willful.” No cap on liquidated damages; compensation for physical or emotional harm in retaliation cases.
  • Private Lawsuits: No need to file an administrative complaint first, but employees must give written notice and 15 days to remedy the violation (unless it involves willful misconduct or retaliation).
  • Statute of Limitations: Extended to three years, starting from when the employee knew or should have known about the violation. This period can be extended if the employer fails to provide mandatory notice.

Employers can visit the Philadelphia Department of Labor webpage for new or revised FAQs and/or regulations, as well as an updated Notice to Employees.

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