On November 21, 2022, New York Governor Kathy Hochul signed into law an amendment to Section 215 of New York’s labor law, barring employers from disciplining employees for taking time off that is otherwise legally protected. The amendment, known as the “lawful absence law,” will take effect on February 19, 2023.

The state of Colorado has adopted final rules regarding the process for seeking approval of a private plan in lieu of participation in the state-run Family and Medical Leave Insurance (FAMLI) program. Additionally, the state has released an employer toolkit to assist with complying with the program’s notice requirement. A previous alert on the FAMLI…

The IRS has announced that the annual PCORI fee, which is imposed on health insurance issuers and self-insured health plan sponsors to fund the work of the Patient-Centered Outcomes Research Institute, will increase from $2.79 per plan enrollee to $3.00 per plan enrollee for plans that end between October 1, 2022 and September 30, 2023.…

The IRS has quietly revised guidance it previously issued giving plan sponsors with non-calendar year cafeteria plans the option to allow family members to drop from coverage mid-year if they become newly eligible for a marketplace premium subsidy under the new family ACA affordability calculation method, which eliminated the affordability “family glitch.” The newly revised…

Employers with employees in Massachusetts are required to electronically submit the Massachusetts Health Insurance Responsibility Disclosure (HIRD) form each year. The form was newly launched in 2018, replacing and significantly streamlining the previous HIRD reporting process.

On September 26, 2022, the Massachusetts Department of Family and Medical Leave (DFML) announced annual updates that will impact the calculation of paid leave benefits for workers in the Commonwealth beginning January 1, 2023. A previous alert on the Massachusetts Paid Family and Medical Leave (MA PFML) program is copied below for reference. MA DFML…

The Oregon Employment Department (OED) recently published rules regarding its Paid Family and Medical Leave Insurance (PFMLI) program. The recent rules include clarifications on the benefit application process, benefit eligibility, and notice requirements. The state has also provided new resources for employers that wish to pursue an equivalent plan exemption to the PFMLI program. A…

This alert has been modified to reflect additional detail that was not included when the alert was originally distributed. The State of Colorado is preparing to implement its Family and Medical Leave Insurance (FAMLI) program. Colorado joins ten other states and the District of Columbia in providing paid family and medical leave (PFML) benefits to…

The New York Department of Financial Services has released 2023 updates to its paid family leave (PFL) program, including an expansion of benefits and reduction in the employee contribution rate. A previous alert on New York’s PFL program is copied below for reference. NY PFL Benefit and Average Weekly Wage Increases (Originally sent October 2022)…

Washington PFML quarterly wage and hour reporting for the previous quarter is due October 31, 2022. This alert includes background on the 2017 PFML law as well as links to all resources necessary to complete the report. Background In 2017, Washington passed a law establishing a paid family and medical leave (PFML) program that provides…