Important 2023 PFML updates for seven states

• Colorado has enacted a Paid Family and Medical Leave Insurance (FAMLI) Program, with paid leave benefits available to eligible Colorado workers starting January 1, 2024, under the Colorado Paid Family & Medical Leave Insurance Act.
• All Colorado businesses need to create an account and register on the My FAMLI+ Employer portal before April 30, 2023.
• Contributions to the state administered program begin effective January 1, 2023, and the first premium payments are due April 30, 2023.
• The CO FAMLI program allows for equivalent plans either self-funded or fully insured through approved insurance carriers. State approval is required. The private plan application process will open sometime between Q1 and Q3 of 2023. Applications submitted by October 31, 2023, with approved private plans, will be eligible for contribution refunds.

Additional information can be found at https://www.guardianlife.com/absence-management/fmla/colorado

• Connecticut Paid Family and Medical Leave  ( CT PFML) employee contribution rate will stay at 0.50% of an employee’s covered wages up to a maximum annual contribution of $801 for 2023.
• The maximum weekly benefit will remain at $840.00 through 5/31/23 and increase to $900 effective 6/1/23.

• Hawaii Temporary Disability Insurance (HI TDI) employee maximum contribution rate remains at 0.50% of an employee’s covered weekly wages.  However, the maximum weekly wage base has increased from $1,200.30 in 2022 to $1,318.48 in 2023; increasing the maximum weekly contribution from $6.00 in 2022 to $6.59 for 2023.
• The maximum weekly benefit will increase from $697 in 2022 to $765 in 2023.

Additional information can be found at https://www.guardianlife.com/absence-management/fmla/hawaii

• Massachusetts Paid Family and Medical Leave ( MA PFML) employee contribution rate decreased from 0.344% in 2022 to 0.318%  in 2023. However, due to the increase in the social security income limit from $147,000 in 2022 to $160,200, the  maximum employee annual contribution will increase slightly from $505.68 in 2022 to $509.44 in 2023.
• The maximum weekly benefit increased from $1,084.31 in 2022 to $1,129.82 in 2023.
• Also, the employee eligibility earning requirement increased from $5,700 earned in the previous 12 month in 2022, to $6,000 earned in the previous 12 months in 2023.

Additional information can be found at https://www.guardianlife.com/absence-management/fmla/massachusetts

• New Jersey  Temporary Disability Benefit (NJ TDB) employee contribution rate decreased from 0.14% of an employee’s covered taxable wages in 2022 to 0.00% of an employee’s covered wages in 2023. Therefore, NJ employees will not be expected to contribute to the cost of the NJ TDB coverage in 2023.
• New Jersey Family Leave Insurance (NJ FLI) employee contribution rate decreased from 0.14% of an employee’s covered wages in 2022 to 0.06% of an employee’s covered wages in 2023, reducing the employee’s annual maximum contribution from $219.52 in 2022 to $94.08 in 2023.
• The  taxable wage base maximums  for both the employee and employers have increased.  The employee wage cap increased from $151,900 in 2022 to $156,800 for 2023 and the employer wage cap increased from $39,800 in 2022 to $41,100 for 2023.The Maximum weekly benefit increased from $993 in 2022 to $1,025 in 2023.

Additional information can be found at  https://www.guardianlife.com/absence-management/fmla/new-jersey

• New York Paid Family Leave (NY PFL)  law has been expanded to include sibling as a covered relationship for family care purposes. “Sibling” is defined to include a biological or adopted sibling, a half-sibling, or stepsibling and this new relationship becomes available to eligible employees on January 1, 2023. 
• The employee contribution rate decreased from 0.511% in 2022 to 0.455% in 2023, reducing the maximum employee annual contribution from $423.17 in 2022 to $399.43 in 2023.
• The Maximum weekly benefit increased from $1,068.36 in 2022 to $1,131.08 in 2023

Additional information can be found at https://www.guardianlife.com/absence-management/nypfl-law

• Oregon has enacted a Paid Family and Medical Leave Insurance (PFMLI) Program, which will provide paid leave benefits to eligible Oregon employees starting September 3, 2023. Contributions to the state administered program to begin effective January 1, 2023.
• The Oregon PFMLI Program allows for alternate plan options for businesses to consider in meeting their obligations under the law.
• To help ensure an optimal experience for employees, businesses must choose between the state-run plan, or a private plan for their Oregon Paid Family and Medical Leave (OR PFML) coverage.
• Important OR PFMLI dates for 2023:
  • January 1, 2023:
    • Display Oregon Paid Leave Model Notice (Poster) which provides explanation of benefits and employees’ rights under the law.
    • Initiate payroll deductions for state administered OR PFML plan. Employers will need to remit both the employee and employer OR PFML contributions through quarterly payroll wage reports via Frances Online.
    • Employers filing an Equivalent Plan will need to withhold employees' share of contributions. Employers will need to set aside the employee’s share of contributions but will not need to remit to the State, IF the Declaration of Intent was submitted by November 30, 2022, and the Equivalent Plan Application is filed by the May 31, 2023, deadline.
  • February 28, 2023: Deadline to file Equivalent Plan Application to be exempt from paying contributions to the state effective April 1, 2023.
  • May 31, 2023: Deadline to file the Equivalent Plan Application for employers that submitted a Declaration of Intent. Once approval has been received, all contributions withheld may be refunded to employees. Employers who did not submit a Declaration of Intent can also file an Equivalent Plan Application by this date to be exempt from paying contributions to the state effective July 1,2023.
  • June 30, 2023: If an employer has not yet received an Equivalent Plan approval, they will be defaulted to the State plan and be required to remit both employee and employer contributions to the state, retroactive to 1/01/2023. Employers are prohibited from retroactively withholding contributions from employees’ wages.

Additional information can be found at https://www.guardianlife.com/absence-management/fmla/oregon