May 12, 2025 • 10 mins
State and local jurisdictions continue to adopt and expand programs that entitle employees to paid time off from work for certain family or medical reasons. These are commonly known as paid family and medical leave (PFL) programs, and they typically impose certain requirements on employers, even small business employers. Listen in as we cover:
- [00:57] What is paid family leave?
- [01:36] Where is paid family leave required?
- [02:37] Are small businesses covered by paid family leave?
- [02:55] How is paid family leave funded?
- [04:24] What is job protection and where is it offered?
- [05:48] What absences are covered by paid family leave?
- [07:30] What employer requirements do these laws impose?
This content is based on generally accepted HR practices, is advisory in nature, and does not constitute legal advice or other professional services. ADP does not warrant or guarantee the accuracy, reliability, and completeness of the content. Employers are encouraged to consult with legal counsel for advice regarding their organization's compliance with applicable laws. This content is current as of the published date.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Jim (00:00):
Over the past few years, state and local jurisdictions have adopted
and expanded programs that entitleemployees to paid time off from work
for certain family or medical reasons,commonly known as paid family leave.
These programs typically impose certainrequirements on employers to help you
better understand these requirements.
This podcast will help provide anoverview of these laws for you.
(00:22):
Welcome to HRPreneur.
I'm Jim Duffy from MainStreet to Your Street
the HRPreneur podcast is centeredaround helping small businesses
like yours gain the knowledge youneed from HR, payroll, and hiring to
time taxes, benefits, and insurance.
Today we'll talk with our guest,Eric Rudin, about paid family leave.
Eric is Senior Counselwith ADP's HCM Group.
(00:45):
Hey Eric, thanks forbeing back on the show.
It's great to have you.
Eric (00:49):
Thanks, Jim.
It's been a while, but it's greatto be back on the podcast with you.
Jim (00:52):
That's great.
No, we appreciate your time.
So Eric, let's start off witha general overview of what Paid
Family Leave programs are all about.
Would you mind just sharing somebackground for our listeners?
Eric (01:03):
Sure.
And that's a great place to begin.
So Paid Family Leave programstypically provide wage replacement
benefits to employees when theytake time off from work for
certain family or medical reasons.
Many of these programs alsoprovide job protection
for eligible employees who take the paidfamily leave with limited exceptions
covered, employers must participate inthe state or local paid family leave
(01:26):
program, but employers may be allowedto provide coverage through a private
insurance plan instead as long as it meetsall of the jurisdictions requirements.
Jim (01:35):
So, Eric, can you explain, uh, which states, uh, or local jurisdictions
have a paid family leave program?
Eric (01:43):
As of May 1st 2025, 15 states, the District of Columbia and
one city have enacted or created amandatory paid family leave program.
The states and local jurisdictionswhere these programs are mandatory
include California, San Francisco,Colorado, Delaware, Connecticut.
(02:03):
The District of Columbia, Maine,Maryland, Massachusetts, Minnesota,
New Jersey, New York, Oregon,Rhode Island, and Washington.
Contributions to these programshave already started in all of
these locations except Maryland andMinnesota and paid family leave.
Benefits have already started to bepaid in all of these locations except
(02:26):
Delaware, Maine, Maryland, and Minnesota.
Additionally, New Hampshire andVermont have paid family programs, but
participation is voluntary for employers.
Jim (02:36):
Eric are small business employers covered by these laws.
Eric (02:40):
With the exception of Delaware and San Francisco
the mandatory paid family leave programsapply to all employers in Delaware.
It applies to employers with 10or more employees only, and in San
Francisco it applies to employerswith 20 or more employees only.
Jim (02:55):
How are these paid family leave programs funded?
Eric (02:59):
Except for the programs in New Hampshire and Vermont,
the programs require employeecontributions via payroll deductions.
But 10 of these programs alsorequire at least some employers to
contribute in some of these states.
It depends on the size of the employer.
The following jurisdictionsrequire employer contributions
for paid family leave.
In the District of Columbia andMinnesota, all employers are
(03:21):
required to make contributions.
In Colorado and Delaware, only employerswith 10 or more employees are required to
make contributions in Maine and Maryland.
Only employers with 15 or moreemployees are required to make
contributions in San Francisco.
Only employers with 20 or more employeesare required to make contributions.
(03:42):
In Massachusetts and Oregon, onlyemployers with 25 or more employees
are required to make contributionsand in the state of Washington, only
employers with 50 or more employeesare required to make contributions.
I also want to note that California,Connecticut, New Hampshire, New
Jersey, New York, Rhode Island, andVermont do not require employers to
(04:04):
make contributions for paid familyleave at all in these states, paid
family leave is funded exclusively byemployees unless the employer elects
to pay the employee's contribution.
Even where employer contributions arenot required, employers must still
withhold and remit employee contributions.
Jim (04:22):
Thank you for clarifying that.
Earlier you mentioned many ofthese paid family leave laws
also include job protections.
Can you please explain for ourlisteners what a job protection
is and where does it exist foremployees who take paid family leave?
Eric (04:38):
Sure.
Currently, most paid family leave laws dohave express job protection provisions.
For example, in Colorado, Delaware,Maine, Maryland, Massachusetts,
Minnesota, New York, Oregon,Rhode Island, and Washington.
Employees returning from paid familyleave must generally be reinstated
to the position they held beforethe start of the leave, or to a
(05:01):
comparable equivalent position.
In other states, the paid familyleave programs may only provide a
financial benefit rather than a leaveentitlement with job protection.
However, even in states without expressjob protection provisions for paid family
leave, employees may be protected underanother federal, state, or local law.
For example, California's paid familyleave law does not specifically offer
(05:24):
job protection, but an employee'sabsence may be protected under their
Federal family and Medical Leave Act.
California Family RightsAct or paid sick leave law.
Notably, even though New Hampshire'sprogram is voluntary, it requires
employers with 50 or more employeesto reinstate employees to the position
they held prior to paid familyleave or to an equivalent position.
Jim (05:47):
So Eric, what types of absences are covered by paid family leave programs?
Eric (05:52):
The first wave of these programs tended to be limited to covering
absences related to having a newchild, or caring for a family member
with a serious health condition.
But the reach of these programshas been expanding in recent years.
For example, California's programcovers the following absences: care
for or family member with a serioushealth condition, the birth adoption
(06:12):
or foster placement of a new child.
Participation in a qualifying eventbecause of a family member's deployment to
a foreign country, San Francisco's is morelimited and only covers the birth adoption
or foster placement of a new child.
Minnesota's program covers more absences,including care for a family member with
a serious health condition, care for anemployee's own serious health condition,
(06:35):
the birth adoption, or foster placementof a new child managing affairs while
a family member is on active duty,
when the employee or their family memberis a victim of domestic violence, stalking
or sexual assault or pregnancy or torecover from giving birth Maine's program
is perhaps the most generous when itcomes to covered absences, which include
(06:57):
care for a family member with a serioushealth condition, care for an employee's
own serious health condition, the birthadoption, or foster placement of a new
child, care for a family member who wasinjured on active duty in the military,
managing affairs while a family member ison active duty, when the employee or their
family member is a victim of domesticviolence, stalking, or sexual assault,
(07:19):
or any other reason covered by the Mainefamily and medical leave requirements.
Employers should check the laws inyour jurisdiction for further details.
Jim (07:28):
Yeah.
That's excellent.
Excellent advice.
Uh, another question hereabout, um, the requirements.
What requirements do theselaws impose on employers?
Eric (07:37):
in addition to withholding and remitting employee contributions, making
employer contributions and reinstatingemployees after paid family leave?
The laws also typically requireemployers to provide employees with
notice about their rights and orposts a notice in the workplace.
For example, Massachusetts requiresemployers to provide a notice to employees
display a notice in the workplace.
(07:58):
And provide new contribution ratesheets to employees at least 30
days prior to annual changes.
Employers should check yourstate or local law for details.
Jim (08:07):
So Eric, thank you once again, uh, for joining us today.
Uh, I love having you on ourprogram, and while you were
chatting, I, um, I took a few notes.
So if you don't mind, I'd like to just,um, share them with you and just let
me know if I, uh, if I missed anything.
So the first point I noted was, uh,paid family leave programs provide wage
replacement benefits for covered familyand medical related absences by employees.
(08:33):
15 states, the District of Columbia andone city have enacted a law entitling
employees to paid family leave.
Two other states, Vermont and NewHampshire have voluntary paid family
leave programs, with the exceptionof Delawares and San Franciscos.
These laws apply to allemployers regardless of size.
(08:54):
Another point I noted was currently mostpaid family leave laws have expressed job
protection provisions, which generallymeans that employees returning from paid
family leave must generally be reinstated.
To the position they held beforethe start of their leave or to a
comparable or equivalent position.
I also noted that the types ofabsences covered by paid family
(09:17):
leave differs by jurisdiction.
And the last point I noted wasthat in addition to withholding and
remitting employee contributions.
Making employer contributions ifapplicable and reinstating employees
after paid family leave where applicable.
The laws also typically requireemployers to provide employees with
(09:38):
notices about their rights and orpost a notice in the workplace.
So did I capture your points accurately?
Eric (09:45):
Yep.
That's a great summary, Jim.
Jim (09:47):
Great.
Thank you.
Eric.
Presented by ADP HRpreneur focuseson the entrepreneurs and business
drivers who are shaping the growthof their companies and positively
impacting the lives of their employees.
With each episode, we'llbring the experts to you.
We'll answer your questions andhelp you think beyond today so you
can discover more success tomorrow.
Thanks also to our listeners forjoining us for today's episode.
(10:11):
Be well, and we hopeyou'll join us again soon.
Over the past few years, state and local jurisdictions have adopted
and expanded programs that entitleemployees to paid time off from work
for certain family or medical reasons,commonly known as paid family leave.
These programs typically impose certainrequirements on employers to help you
better understand these requirements.
This podcast will help provide anoverview of these laws for you.
(00:22):
Welcome to HRPreneur.
I'm Jim Duffy from MainStreet to Your Street
the HRPreneur podcast is centeredaround helping small businesses
like yours gain the knowledge youneed from HR, payroll, and hiring to
time taxes, benefits, and insurance.
Today we'll talk with our guest,Eric Rudin, about paid family leave.
Eric is Senior Counselwith ADP's HCM Group.
(00:45):
Hey Eric, thanks forbeing back on the show.
It's great to have you.
Eric (00:49):
Thanks, Jim.
It's been a while, but it's greatto be back on the podcast with you.
Jim (00:52):
That's great.
No, we appreciate your time.
So Eric, let's start off witha general overview of what Paid
Family Leave programs are all about.
Would you mind just sharing somebackground for our listeners?
Eric (01:03):
Sure.
And that's a great place to begin.
So Paid Family Leave programstypically provide wage replacement
benefits to employees when theytake time off from work for
certain family or medical reasons.
Many of these programs alsoprovide job protection
for eligible employees who take the paidfamily leave with limited exceptions
covered, employers must participate inthe state or local paid family leave
(01:26):
program, but employers may be allowedto provide coverage through a private
insurance plan instead as long as it meetsall of the jurisdictions requirements.
Jim (01:35):
So, Eric, can you explain, uh, which states, uh, or local jurisdictions
have a paid family leave program?
Eric (01:43):
As of May 1st 2025, 15 states, the District of Columbia and
one city have enacted or created amandatory paid family leave program.
The states and local jurisdictionswhere these programs are mandatory
include California, San Francisco,Colorado, Delaware, Connecticut.
(02:03):
The District of Columbia, Maine,Maryland, Massachusetts, Minnesota,
New Jersey, New York, Oregon,Rhode Island, and Washington.
Contributions to these programshave already started in all of
these locations except Maryland andMinnesota and paid family leave.
Benefits have already started to bepaid in all of these locations except
(02:26):
Delaware, Maine, Maryland, and Minnesota.
Additionally, New Hampshire andVermont have paid family programs, but
participation is voluntary for employers.
Jim (02:36):
Eric are small business employers covered by these laws.
Eric (02:40):
With the exception of Delaware and San Francisco
the mandatory paid family leave programsapply to all employers in Delaware.
It applies to employers with 10or more employees only, and in San
Francisco it applies to employerswith 20 or more employees only.
Jim (02:55):
How are these paid family leave programs funded?
Eric (02:59):
Except for the programs in New Hampshire and Vermont,
the programs require employeecontributions via payroll deductions.
But 10 of these programs alsorequire at least some employers to
contribute in some of these states.
It depends on the size of the employer.
The following jurisdictionsrequire employer contributions
for paid family leave.
In the District of Columbia andMinnesota, all employers are
(03:21):
required to make contributions.
In Colorado and Delaware, only employerswith 10 or more employees are required to
make contributions in Maine and Maryland.
Only employers with 15 or moreemployees are required to make
contributions in San Francisco.
Only employers with 20 or more employeesare required to make contributions.
(03:42):
In Massachusetts and Oregon, onlyemployers with 25 or more employees
are required to make contributionsand in the state of Washington, only
employers with 50 or more employeesare required to make contributions.
I also want to note that California,Connecticut, New Hampshire, New
Jersey, New York, Rhode Island, andVermont do not require employers to
(04:04):
make contributions for paid familyleave at all in these states, paid
family leave is funded exclusively byemployees unless the employer elects
to pay the employee's contribution.
Even where employer contributions arenot required, employers must still
withhold and remit employee contributions.
Jim (04:22):
Thank you for clarifying that.
Earlier you mentioned many ofthese paid family leave laws
also include job protections.
Can you please explain for ourlisteners what a job protection
is and where does it exist foremployees who take paid family leave?
Eric (04:38):
Sure.
Currently, most paid family leave laws dohave express job protection provisions.
For example, in Colorado, Delaware,Maine, Maryland, Massachusetts,
Minnesota, New York, Oregon,Rhode Island, and Washington.
Employees returning from paid familyleave must generally be reinstated
to the position they held beforethe start of the leave, or to a
(05:01):
comparable equivalent position.
In other states, the paid familyleave programs may only provide a
financial benefit rather than a leaveentitlement with job protection.
However, even in states without expressjob protection provisions for paid family
leave, employees may be protected underanother federal, state, or local law.
For example, California's paid familyleave law does not specifically offer
(05:24):
job protection, but an employee'sabsence may be protected under their
Federal family and Medical Leave Act.
California Family RightsAct or paid sick leave law.
Notably, even though New Hampshire'sprogram is voluntary, it requires
employers with 50 or more employeesto reinstate employees to the position
they held prior to paid familyleave or to an equivalent position.
Jim (05:47):
So Eric, what types of absences are covered by paid family leave programs?
Eric (05:52):
The first wave of these programs tended to be limited to covering
absences related to having a newchild, or caring for a family member
with a serious health condition.
But the reach of these programshas been expanding in recent years.
For example, California's programcovers the following absences: care
for or family member with a serioushealth condition, the birth adoption
(06:12):
or foster placement of a new child.
Participation in a qualifying eventbecause of a family member's deployment to
a foreign country, San Francisco's is morelimited and only covers the birth adoption
or foster placement of a new child.
Minnesota's program covers more absences,including care for a family member with
a serious health condition, care for anemployee's own serious health condition,
(06:35):
the birth adoption, or foster placementof a new child managing affairs while
a family member is on active duty,
when the employee or their family memberis a victim of domestic violence, stalking
or sexual assault or pregnancy or torecover from giving birth Maine's program
is perhaps the most generous when itcomes to covered absences, which include
(06:57):
care for a family member with a serioushealth condition, care for an employee's
own serious health condition, the birthadoption, or foster placement of a new
child, care for a family member who wasinjured on active duty in the military,
managing affairs while a family member ison active duty, when the employee or their
family member is a victim of domesticviolence, stalking, or sexual assault,
(07:19):
or any other reason covered by the Mainefamily and medical leave requirements.
Employers should check the laws inyour jurisdiction for further details.
Jim (07:28):
Yeah.
That's excellent.
Excellent advice.
Uh, another question hereabout, um, the requirements.
What requirements do theselaws impose on employers?
Eric (07:37):
in addition to withholding and remitting employee contributions, making
employer contributions and reinstatingemployees after paid family leave?
The laws also typically requireemployers to provide employees with
notice about their rights and orposts a notice in the workplace.
For example, Massachusetts requiresemployers to provide a notice to employees
display a notice in the workplace.
(07:58):
And provide new contribution ratesheets to employees at least 30
days prior to annual changes.
Employers should check yourstate or local law for details.
Jim (08:07):
So Eric, thank you once again, uh, for joining us today.
Uh, I love having you on ourprogram, and while you were
chatting, I, um, I took a few notes.
So if you don't mind, I'd like to just,um, share them with you and just let
me know if I, uh, if I missed anything.
So the first point I noted was, uh,paid family leave programs provide wage
replacement benefits for covered familyand medical related absences by employees.
(08:33):
15 states, the District of Columbia andone city have enacted a law entitling
employees to paid family leave.
Two other states, Vermont and NewHampshire have voluntary paid family
leave programs, with the exceptionof Delawares and San Franciscos.
These laws apply to allemployers regardless of size.
(08:54):
Another point I noted was currently mostpaid family leave laws have expressed job
protection provisions, which generallymeans that employees returning from paid
family leave must generally be reinstated.
To the position they held beforethe start of their leave or to a
comparable or equivalent position.
I also noted that the types ofabsences covered by paid family
(09:17):
leave differs by jurisdiction.
And the last point I noted wasthat in addition to withholding and
remitting employee contributions.
Making employer contributions ifapplicable and reinstating employees
after paid family leave where applicable.
The laws also typically requireemployers to provide employees with
(09:38):
notices about their rights and orpost a notice in the workplace.
So did I capture your points accurately?
Eric (09:45):
Yep.
That's a great summary, Jim.
Jim (09:47):
Great.
Thank you.
Eric.
Presented by ADP HRpreneur focuseson the entrepreneurs and business
drivers who are shaping the growthof their companies and positively
impacting the lives of their employees.
With each episode, we'llbring the experts to you.
We'll answer your questions andhelp you think beyond today so you
can discover more success tomorrow.
Thanks also to our listeners forjoining us for today's episode.
(10:11):
Be well, and we hopeyou'll join us again soon.
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