State Paid Family and Medical Leave Insurance Laws - National ...

 
State Paid Family and Medical Leave Insurance Laws
                                                                                              June 2019

              California            New Jersey             Rhode Island              New York                  District of               Washington           Massachusetts         Connecticut
                                                                                                               Columbia
              Enacted 2002,         Enacted 2008,          Enacted 2013,             Enacted 2016,             Enacted 2017,             Enacted 2017,        Enacted 2018,         Enacted 2019,
              effective 2004;       effective 2009;        effective January         effective January         effective July 2020       effective January    effective July 2019   effective January
              expanded 2016,        expanded 2019,         2014                      2018                                                2019 (premiums)      (premiums) and        2021 (premiums)
              effective 2018;       effective 2019 and                                                         (D.C. Law 21-264          and January 2020     January 2021          and January 2022
              expanded 2017,        2020                   (R.I. Gen. Laws §         (S. 6406C, Part SS,       (D.C. 2016))              (benefits)           (benefits)            (benefits)
              effective 2020                               28-41-35(h))              239th Leg., Reg.
                                    (N.J. Stat. Ann. §                               Sess. (N.Y. 2016)                                   (S.B. 5975, 65th     (H. 4640 § 29,        (S.B. 1 § 3, 2019
Status
              (A.B. 908, 2015-      43:21-38; A. 3975,                               (enacted))                                          Leg., 3rd Special    190th Gen. Court,     Leg., Reg. Sess.
              2016 Leg., Reg.       218th Leg., Reg.                                                                                     Sess. (Wash. 2017)   Reg. Sess. (Mass.     (Conn. 2019)
              Sess. (Cal. 2016)     Sess. (N.J. 2019))                                                                                   (enacted))           2018) (enacted))      (enacted))
              (enacted); S.B. 63,
              2017-2018 Leg.,
              Reg. Sess. (Cal.
              2017) (enacted))

              1. Bonding with       1. Care for new        1. Bonding with           1. Bonding with           1. Bonding with           1. Bonding with      1. Bonding with       1. Bonding with
              new child (birth,     child (birth,          new child (birth,         new child (birth,         new child (birth,         new child (birth,    new child (birth,     new child (birth,
              adoption, foster)     adoption, foster)      adoption, foster)         adoption, foster)         adoption, foster)         adoption, foster)    adoption, foster)     adoption, foster)
Reasons for
              2. Care for family    2. Care for family     2. Care for family        2. Care for family        2. Care for family        2. Care for family   2. Care for family    2. Care for family
paid leave
              member with           member with            member with               member with               member with               member with          member with           member with
              serious health        serious health         serious health            serious health            serious health            serious health       serious health        serious health
              condition             condition              condition                 condition                 condition                 condition            condition             condition

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                                                                      email: info@nationalpartnership.org ~ web: nationalpartnership.org
California            New Jersey             Rhode Island          New York               District of           Washington             Massachusetts          Connecticut
                                                                                                          Columbia
                3. Care for own       3. Care for own        3. Care for own       3. Qualifying          3. Care for own       3. Care for own        3. Care for own        3. Care for own
                disability (must be   disability (must be    disability (must be   exigency arising       serious health        serious health         serious health         serious health
                unable to perform     continuously and       unable to perform     out of spouse,         condition             condition              condition              condition
                regular or            totally unable to      regular or            domestic partner,
                customary work),      perform customary      customary work;       child or parent        (D.C. Law 21-264      4. Qualifying          4. Qualifying          4. Serving as organ
                includes pregnancy    work), includes        partially             being on active        §§ 101(12)-(17),      exigency arising       exigency arising       or bone marrow
                                      pregnancy              unemployed            duty (or having        104(a)-(b) (D.C.      out of family          out of family          donor
                (Cal. Unemp. Ins.                            workers may be        been notified of an    2016))                member being on        member being on
                Code §§ 2626,         4. Engaging in         able to claim         impending call or                            active duty (or        active duty (or        5. Qualifying
                3302(e))              certain activities     benefits)             order to active                              having been            having been            exigency arising
                                      related to                                   duty)                                        notified of an         notified of an         out of spouse, child
                                      individual or family   (R.I. Gen. Laws §§                                                 impending call or      impending call or      or parent being on
                                      member being           28-39-2, 28-41-       4. Care for own                              order to active        order to active        active duty (or
                                      victim of domestic     5(d)), 28-41-35(a))   disability (must be                          duty)                  duty)                  having been
                                      or sexual violence                           unable to perform                                                                          notified of an
                                                                                   work)                                        (S.B. 5975, 65th       5. Care for family     impending call or
                                      (N.J. Stat. Ann.                                                                          Leg., 3rd Special      member who is a        order to active
                                      §§ 43:21-27(g), (o);                         (N.Y. Workers’                               Sess. (Wash. 2017)     covered                duty)
                                      A. 3975, 218th                               Comp. Law §                                  (enacted))             servicemember
                                      Leg., Reg. Sess.                             201(14) (as                                                                                (S.B. 1 § 18(a)(2),
                                      (N.J. 2019))                                 amended by S.                                                       (H. 4640 § 29(2)(a),   2019 Leg., Reg.
                                                                                   6406C))                                                             190th Gen. Court,      Sess. (Conn. 2019)
                                                                                                                                                       Reg. Sess. (Mass.      (enacted))
                                                                                                                                                       2018) (enacted))

                Child, parent,        Child, parent,         Child, parent,        Child, parent,         Child, parent,        Child, parent,         Child, parent or       Child, parent,
                spouse, domestic      parent-in-law,         spouse, domestic      spouse, domestic       spouse, domestic      spouse, domestic       parent of a spouse     parent-in-law,
                partner               spouse, domestic       partner,              partner,               partner,              partner,               or domestic            spouse,
Definition of                         partner, civil union   grandparent           grandparent,           grandparent,          grandchild,            partner, spouse,       grandparent,
                Amended in 2013       partner, sibling,                            grandchild             sibling               grandparent,           domestic partner,      grandchild, sibling,
family
                (effective 2014) to   grandparent,           (R.I. Gen. Laws §                                                  sibling                grandchild,            individual related
member          add grandparent,      grandchild, any        28-41-35(a))          (N.Y. Workers’         (D.C. Law 21-264 §                           grandparent,           by blood or affinity
                grandchild, sibling   person related by                            Comp. Law §            101(7) (D.C. 2016))   (S.B. 5975 § 2, 65th   sibling                whose close
                and parent-in-law     blood, any person                            201(16), (17), (19)-                         Leg., 3rd Special                             association the
                                      with whom                                                                                                                               employee shows to

                                                                                                2
California          New Jersey            Rhode Island          New York               District of            Washington             Massachusetts          Connecticut
                                                                                                    Columbia
             (Cal. Stat. §§      employee has close                          (21) (as amended                              Sess. (Wash. 2017)     (H. 4640 § 29(1),      be the equivalent of
             3302(f)-(j))        association that is                         by S. 6406C))                                 (enacted))             190th Gen. Court,      those family
                                 equivalent of a                                                                                                  Reg. Sess. (Mass.      relationships
                                 family relationship                                                                                              2018) (enacted))
                                                                                                                                                                         (S.B. 1 § 17(6), 2019
                                 (N.J. Stat. Ann. §                                                                                                                      Leg., Reg. Sess.
                                 43:21-27(n); A.                                                                                                                         (Conn. 2019)
                                 3975, 218th Leg.,                                                                                                                       (enacted))
                                 Reg. Sess. (N.J.
                                 2019))

             Six weeks for       Six weeks for         Four weeks for        For family leave,      Eight weeks for        12 weeks for family    12 weeks for family    12 weeks (14 if
             family leave        family leave,         family leave          eight weeks in         parental leave, six    leave                  leave                  employee
                                 increasing to 12                            2018; increasing to    weeks for family                                                     experiences
             (Cal. Unemp. Ins.   weeks on July 1,      (R.I. Gen. Laws §     10 weeks in 2019       care, two weeks for    12 weeks for own       26 weeks for caring    incapacitating
             Code § 3301(c))     2020                  28-41-35(d)(1))       and to 12 weeks in     own serious health     serious health         for a covered          serious health
                                                                             2021 (increases        condition              condition (14 if       service member         condition that
             52 weeks for own    26 weeks for own      30 weeks for own      subject to delay)                             employee                                      occurs during
             disability          disability            disability; no more                          No more than eight     experiences            20 weeks for own       pregnancy); if two
                                                       than 30 weeks         26 weeks for own       weeks total/year for   pregnancy-related      serious health         spouses work for
             (Cal. Unemp. Ins.   (N.J. Stat. Ann. §    total/year for        disability             combined family        serious health         condition              same employer, can
Maximum      Code § 2653)        43:21-38; A. 3975,    combined own                                 and medical leave      condition that                                only take 12 weeks
                                 218th Leg., Reg.      disability and        (N.Y. Workers’                                results in             No more than 26        combined
length of
                                 Sess. (N.J. 2019))    family care           Comp. Law §§           (D.C. Law 21-264       incapacity); no        weeks total/year for
paid leave                                                                   204(2)(A), 205(1)(A)   §§ 101(12)-(17),       more than 16           combined family        (S.B. 1 § 18, 2019
                                                       (R.I. Gen. Laws §§    (as amended by S.      104(d) (D.C. 2016))    weeks total/year for   and medical leave      Leg., Reg. Sess.
                                                       28-41-7, 28-41-       6406C))                                       combined own                                  (Conn. 2019)
                                                       35(e)))                                                             serious health         (H. 4640 § 29(2)(c),   (enacted))
                                                                                                                           condition and          190th Gen. Court,
                                                                                                                           family leave (18 if    Reg. Sess. (Mass.
                                                                                                                           employee               2018) (enacted))
                                                                                                                           experiences
                                                                                                                           pregnancy-related
                                                                                                                           serious health
                                                                                                                           condition that

                                                                                         3
California            New Jersey           Rhode Island           New York               District of            Washington             Massachusetts           Connecticut
                                                                                                        Columbia
                                                                                                                               results in
                                                                                                                               incapacity)

                                                                                                                               (S.B. 5975 § 6, 65th
                                                                                                                               Leg., 3rd Special
                                                                                                                               Sess. (Wash. 2017)
                                                                                                                               (enacted))

               Statute does not      Statute does not     No minimum             For family care,       Leave can be taken     Eight consecutive      Statute does not        Statute does not
               mention the           mention the          increment of leave     benefits can be paid   in one-day             hours                  mention the             mention the
               minimum length of     minimum length of    time; claimants        in increments of       increments                                    minimum length of       minimum length of
               leave time, just      leave time, just     must initially be      one full day or one-                          (S.B. 5975 § 6, 65th   leave time, just        leave time, just
Minimum        benefits for          benefits for         out of work for at     fifth of the weekly    (D.C. Law 21-264 §     Leg., 3rd Special      benefits for            benefits for
increment of   intermittent leave    intermittent leave   least seven            benefit                101(9) (D.C. 2016))    Sess. (Wash. 2017)     intermittent leave      intermittent leave
leave time                                                consecutive days to                                                  (enacted))
for which      (Cal. Unemp. Ins.     (N.J. Stat. Ann. §   be eligible for        (N.Y. Workers’                                                       (H. 4640 § 29(2)(c),    (S.B. 1 § 18(c), 2019
benefits are   Code § 3303;          43:21-39)            benefits               Comp. Law §                                                          190th Gen. Court,       Leg., Reg. Sess.
payable        http://www.edd.ca.g                                               204(2)(A) (as                                                        Reg. Sess. (Mass.       (Conn. 2019)
               ov/disability/Part-                        (11-000-002 R.I.       amended by S.                                                        2018) (enacted))        (enacted))
               time_Intermittent_                         Code R. §§ 16(G),      6406C))
               Reduced_Work_Sch                           37(D))
               edule.htm)

               Employee must         Employee must        Employee must          For family care,       Employee must          Must have worked       Must meet the           Must have earned
               have been paid        have had at least    have been paid         employee must be       spend more than 50     for at least 820       financial eligibility   at least $2,325 from
               $300 in wages         20 calendar weeks    wages in Rhode         currently employed     percent of work        hours in four out of   requirements of the     one or more
               during the base       of covered New       Island and paid        by a covered           time in the District   the five quarters      state                   employers during
Employee       period                Jersey               into the TDI/TCI       employer and must      of Columbia for a      prior to leave         unemployment            the highest-earning
eligibility                          employment,          fund and must          have been              covered employer       application            insurance law           quarter of the base
require-       (http://www.edd.ca.   earning $172 or      have been paid at      employed by a          or be based in the                            (currently, one         period and have
ments          gov/Disability/Am_    more each week, or   least $12,600 in the   covered employer       District of            (S.B. 5975 §§ 2-3,     must have earned        been employed by
               I_Eligible_for_PFL    must have been       base period            for 26 or more         Columbia and           65th Leg., 3rd         at least $4,700 in      an employer in the
               _Benefits.htm)        paid $8,600 or                              consecutive weeks      regularly spend a      Special Sess.          the last four           previous 12 weeks
                                     more in such         Alternately,           (or 175 days of        substantial amount     (Wash. 2017)           completed calendar
                                                          employees qualify      employment for         of work time for the   (enacted))             quarters and at

                                                                                             4
California   New Jersey             Rhode Island           New York              District of           Washington   Massachusetts        Connecticut
                                                                                 Columbia
             employment during      if they earned at      part-time             covered employer in                least 30 times the   (S.B. 1 § 1, 2019
             the base period        least $2,100 in a      employees)            the District of                    weekly               Leg., Reg. Sess.
                                    quarter of their                             Columbia and not                   unemployment         (Conn. 2019)
             (https://myleaveben    base period, their     For own disability,   more than 50                       benefit amount       (enacted))
             efits.nj.gov/labor/m   total base period      employee must         percent of work                    that person would
             yleavebenefits/wor     taxable wages were     have been             time for that                      be eligible to
             ker/tdi/)              at least 150 percent   employed by a         covered employer in                collect)
                                    of their highest       covered employer      another
                                    quarter of             for four or more      jurisdiction; and                  (H. 4640 § 29(1),
                                    earnings, and their    consecutive weeks     must have been a                   190th Gen. Court,
                                    taxable wages          (or 25 days of        covered employee                   Reg. Sess. (Mass.
                                    during their base      employment for        for some or all of                 2018) (enacted);
                                    period are $4,200      part-time             the 52 calendar                    https://www.mass.g
                                    or more                employees)            weeks preceding                    ov/service-
                                                                                 the covered event                  details/check-
                                    (http://www.dlt.ri.g   (N.Y. Workers’                                           eligibility-for-
                                    ov/lmi/news/quickr     Comp. Law § 203       Self-employed                      unemployment-
                                    ef.htm)                (as amended by S.     individual must                    benefits)
                                                           6406C))               have earned self-
                                                                                 employment income
                                                                                 for work performed
                                                                                 more than 50
                                                                                 percent of the time
                                                                                 in the District of
                                                                                 Columbia during
                                                                                 some or all of the
                                                                                 52 calendar weeks
                                                                                 preceding the
                                                                                 covered event, and
                                                                                 must have opted
                                                                                 into the paid leave
                                                                                 program

                                                                        5
California            New Jersey              Rhode Island           New York               District of            Washington              Massachusetts           Connecticut
                                                                                                          Columbia
                                                                                                          (D.C. Law 21-264
                                                                                                          §§ 101(3)-(4), (6)
                                                                                                          (D.C. 2016))

              Not more than         Not more than           Not more than          Yes                    Yes                    Yes                     Yes                     Yes
              federal Family and    federal FMLA and        federal FMLA and
Discrimina-   Medical Leave Act     New Jersey Family       RI Parental and        (N.Y. Workers’         (D.C. Law 21-264       (S.B. 5975 § 72,        (H. 4640 § 29(9),       (S.B. 1 § 21, 2019
tion          (FMLA) and            Leave Act (NJ           Family Medical         Comp. Law § 120        §§ 101(18), 110        65th Leg., 3rd          190th Gen. Court,       Leg., Reg. Sess.
prohibited    California Family     FLA)                    Leave Act              (as amended by S.      (D.C. 2016))           Special Sess.           Reg. Sess. (Mass.       (Conn. 2019)
              Rights Act (CFRA)                             (PFMLA)                6406C))                                       (Wash. 2017)            2018) (enacted)         (enacted))
                                                                                                                                 (enacted))

              Own disability and    State’s temporary       Own disability and     Own disability is      Funded by              For the program’s       For the program’s       Funded by
              family care are       disability insurance    family care are        funded jointly by      employer only. The     first year, the total   first year, the total   employee only.
              funded by the         program is              funded by the          employee and           current rate is 0.62   premium rate is 0.4     premium rate is         Contribution rate
              employee only         financed jointly by     employee only. The     employer payroll       percent of wages or    percent of the          0.63 percent of an      shall be set by the
              (currently at one     employee and            current                contributions. Each    of annual self-        worker’s first          employee’s wages;       Paid Family and
              percent of worker’s   employer payroll        withholding rate is    worker contributes     employment             $132,900 in wages;      employers can           Medical Leave
              first $118,371 in     contributions. As of    1.1 percent of         one half of one        income.                employers can           deduct from the         Insurance
              wages)                January 1, 2019,        worker’s first         percent of the                                deduct from the         employee’s wages        Authority, but shall
                                    each worker             $71,000 in wages.      worker’s wages, up     (D.C. Law 21-264 §     wages of each           the full amount of      not exceed 0.5
Method to     (http://www.edd.ca.   contributes 0.17                               to 60 cents per        103 (D.C. 2016))       employee the full       the premium for         percent
              gov/Payroll_Taxes/    percent of the          (http://www.dlt.ri.g   week. The employer                            amount of the           family leave and 40
fund
              Rates_and_Withhol     taxable wage base       ov/lmi/news/quickr     contributes the                               premium for family      percent of the          (S.B. 1 § 3, 2019
insurance
              ding.htm)             (the first $34,400 in   ef.htm)                balance of the plan                           leave and 45            premium for             Leg., Reg. Sess.
system                              covered wages paid                             costs not covered by                          percent of the          medical leave.          (Conn. 2019)
                                    during the calendar                            the employee.                                 premium for                                     (enacted))
                                    year), up to $58.48                                                                          medical leave.          For each following
                                    per year.                                      (http://www.wcb.ny.                                                   year, the premium
                                                                                   gov/content/main/D                            For each following      rate is adjusted
                                    (https://www.nj.gov                            isabilityBenefits/E                           year, the premium       based on the fund’s
                                    /labor/ea/rates/ea20                           mployer/complyWit                             rate is adjusted        expenditures.
                                    19.html)                                       hLaw.jsp)                                     annually based on
                                                                                                                                 the solvency of the     Employers with
                                                                                                                                 fund.                   fewer than 25

                                                                                               6
California   New Jersey             Rhode Island   New York               District of   Washington            Massachusetts         Connecticut
                                                                          Columbia
             The contribution                      Family care is                       Employers with        employees are not
             rate for employers                    funded by the                        fewer than 50         required to pay
             varies from 0.10 to                   employee only. The                   employees are not     their portion
             0.75 percent. For                     current rate is                      required to pay
             2019, employers                       0.153 percent of the                 their portion; if     (H. 4640 §§ 29(6)-
             contribute between                    worker’s first                       they do pay, they     (7), 30, 190th Gen.
             $34.40 and $258.00                    $70,568.63 in                        are eligible for      Court, Reg. Sess.
             on the first $34,400                  wages, up to                         state assistance.     (Mass. 2018)
             paid to each                          $107.97 per year.                    Employers with        (enacted)
             employee during                                                            150 or fewer
             the calendar year.                    (https://paidfamilyl                 employees are also
                                                   eave.ny.gov/paid-                    eligible for state
             (https://myleaveben                   family-leave-                        assistance with
             efits.nj.gov/labor/m                  information-                         premiums.
             yleavebenefits/empl                   employers)
             oyer/index.shtml?o                                                         (S.B. 5975, 65th
             pen=TDI)                                                                   Leg., 3rd Special
                                                                                        Sess. (Wash. 2017)
             Family care is                                                             (enacted);
             funded entirely by                                                         https://paidleave.w
             the employee.                                                              a.gov/employers#he
             Currently, each                                                            lpques34)
             worker contributes
             0.08 percent of the
             taxable wage base
             (first $34,400 in
             covered wages paid
             during the calendar
             year), and the
             maximum yearly
             deduction for
             family leave
             insurance is
             $27.52.

                                                                7
California            New Jersey              Rhode Island         New York                District of           Washington            Massachusetts        Connecticut
                                                                                                      Columbia

                                 (https://www.nj.gov
                                 /labor/ea/rates/ea20
                                 19.html)

                                 Beginning on
                                 January 1, 2020,
                                 the taxable wage
                                 base shall increase
                                 to a number equal
                                 to 107 times the
                                 statewide average
                                 weekly wage.

                                 (A. 3975, 218th
                                 Leg., Reg. Sess.
                                 (N.J. 2019))

           All private sector    Private and public      All private sector   Most private sector     Private sector        All employers are     Private sector       All private sector
           employers are         sector employers        employers are        employers are           employers covered     covered               employers and the    employers are
           covered               covered by the New      covered              covered                 by the D.C.                                 state government     covered
                                 Jersey                                                               Unemployment          (S.B. 5975, 65th      are covered
           (Cal. Unemp. Ins.     Unemployment            Only some public     Self-employed           Compensation Act      Leg., 3rd Special                          Self-employed
           Code §§ 3302, 2606,   Compensation Law        employees are        individuals can opt     are covered           Sess. (Wash. 2017)    Self-employed        individuals and
           675, 135)             must provide paid       covered              in                                            (enacted))            individuals* and     state or local
Size of                          leave for family                                                     Self-employed                               local governments    collective
employer   Self-employed         care and temporary      (R.I. Gen. Laws      Certain public          individuals can opt   Self-employed         can opt in           bargaining units
covered    individuals can opt   disability, with        §§ 28-39-2, -3)      employers (other        in                    individuals and                            can opt in
           in                    some exceptions for                          than the state                                independent           *Some self-
                                 government                                   government) can         Employees of the      contractors can opt   employed             (S.B. 1 § 1, 2019
           Only some public      employers                                    opt in to family        D.C. city             in                    individuals may be   Leg., Reg. Sess.
           employees are                                                      care or own             government and                              automatically        (Conn. 2019)
           covered               (http://lwd.state.nj.                        disability; the state   the United States     (S.B. 5975, 65th      covered              (enacted))
                                 us/labor/fli/content/                        government,             government, or of     Leg., 3rd Special
                                 fli_faq.html;                                certain public          any employer the

                                                                                           8
California             New Jersey              Rhode Island           New York               District of             Washington              Massachusetts           Connecticut
                                                                                                       Columbia
          (http://www.edd.ca.    http://lwd.state.nj.u                          employers, and         District is not         Sess. (Wash. 2017)      (H. 4640 §§ 29(1),
          gov/disability/FAQ_    s/labor/tdi/employe                            public employees       authorized to tax       (enacted))              (6)(e), 190th Gen.
          PFL_Eligibility.ht     r/state/sp_emp_cov                             represented by an      under federal law                               Court, Reg. Sess.
          m)                     erage.html)                                    employee               or treaty, are not                              (Mass. 2018)
                                                                                organization can       covered                                         (enacted)
                                                                                only opt in to
                                                                                family care            (D.C. Law 21-264 §
                                                                                                       101(4) (D.C. 2016))
                                                                                (N.Y. Workers’
                                                                                Comp. Law §§
                                                                                201(4), 212(2),
                                                                                (4)(B), 212-A, 212-B
                                                                                (as amended by S.
                                                                                6406C))

          Beginning on           The weekly benefit      The average            For family care, in    For workers paid        For workers paid        For workers paid        For workers paid
          January 1, 2018,       rate is 66 percent      weekly benefit rate    2019, the weekly       wages less than or      50 percent or less of   50 percent or less of   wages less than or
          for a four-year        of a worker’s           is 4.62 percent of     benefit rate is 55     equal to 150            the statewide           the statewide           equal to the
          period:                average weekly          wages paid during      percent of a           percent of the D.C.     average weekly          average weekly          Connecticut
                                 wage, with a            the highest quarter    worker’s average       minimum wage            wage (AWW), the         wage (AWW), the         minimum wage
                 For workers     maximum benefit         of worker’s base       weekly wage            multiplied by 40,       weekly benefit rate     weekly benefit rate     multiplied by 40,
                 whose           of $650 in 2019         period, up to $852     (AWW), not to          the weekly benefit      is 90 percent of the    is 80 percent of the    the weekly benefit
                 quarterly       (maximum                per week for claims    exceed 5 percent of    rate is 90 percent of   worker’s AWW.           worker’s AWW.           rate is 95 percent of
                 earnings are    adjusted annually       effective January 1,   the state AWW;         the worker’s                                                            the worker’s
Benefit          at least        based on statewide      2019 or later          benefit amounts        average weekly          For workers paid        For workers paid        average weekly
amount           $929 but        average weekly          (maximum               increase in 2020 to    wage rate.              more than 50            more than 50            wage rate.
                 less than 1/3   wage)                   adjusted annually      60 percent of the                              percent of the          percent of the
                 of the state                            based on statewide     worker’s weekly        For workers paid        statewide AWW,          statewide AWW,          For workers paid
                 average         (https://myleaveben     average weekly         wage up to 60          more than 150           the weekly benefit      the weekly benefit      more than the
                 quarterly       efits.nj.gov/labor/m    wage)                  percent of the state   percent of the D.C.     rate is 90 percent of   rate is 80 percent of   Connecticut
                 wage, the       yleavebenefits/wor                             AWW; and in 2021,      minimum wage            the employee’s          the employee’s          minimum wage
                 weekly          ker/fli/index.shtml;    (http://www.dlt.ri.g   to 67 percent of the   multiplied by 40,       AWW up to 50            AWW up to 50            multiplied by 40,
                 benefit will    https://myleaveben      ov/tdi/tdifaqs.htm;    worker’s weekly        the weekly benefit      percent of the          percent of the          the weekly benefit
                 be 70           efits.nj.gov/labor/m    http://www.dlt.ri.go   wage up to 67          rate is 90 percent of   statewide AWW,          statewide AWW,          rate is 95 percent of
                 percent of      yleavebenefits/wor                             percent of the state   150 percent of the      plus 50 percent of      plus 50 percent of      the Connecticut

                                                                                            9
California            New Jersey             Rhode Island           New York                District of           Washington            Massachusetts          Connecticut
                                                                                            Columbia
       the worker’s   ker/tdi/index.shtml    v/lmi/news/quickref    AWW (increases          D.C. minimum          the employee’s        the employee’s         minimum wage
       weekly         )                      .htm)                  subject to delay)       wage multiplied by    AWW that is more      AWW that is more       multiplied by 40
       wage;                                                                                40 plus 50 percent    than 50 percent of    than 50 percent of     plus 60 percent of
                      Beginning on July      In December 2018,      For own disability,     of the amount by      the statewide         the statewide          the amount by
   A) For workers     1, 2020, the weekly    the average weekly     the weekly benefit      which the worker’s    AWW.                  AWW.                   which the worker’s
      whose           benefit rate is 85     benefit was $551       rate is 50 percent of   average weekly                                                     average weekly
      quarterly       percent of a           for family care and    the employee’s          wage exceeds 150      The maximum           The maximum            wage exceeds the
      earnings are    worker’s average       the average for own    weekly wage, with       percent of the D.C.   weekly benefit is     weekly benefit is      Connecticut
      at least 1/3    weekly wage, with      disability was $500    a maximum benefit       minimum wage          $1,000 in the         $850 in the            minimum wage
      of the state    a maximum benefit                             of $170; however, if    multiplied by 40,     program’s first       program’s first        multiplied by 40,
      average         equivalent to 70       (http://www.dlt.ri.g   the employee earns      up to a maximum       year, and will be     year, and will be      up to a maximum
      quarterly       percent of the         ov/lmi/uiadmin.htm     less than $20 per       of $1,000 per week    adjusted annually     adjusted annually      of 60 times the
      wage, the       statewide average      )                      week, the benefit       (beginning in 2021,   to an amount          to an amount           Connecticut
      weekly          weekly wage.                                  will be their full      maximum will be       equaling 90 percent   equaling 64 percent    minimum wage
      benefit rate                                                  average weekly          increased annually    of the state AWW.     of the state AWW.
      will be 23.3    (A. 3975, 218th                               wage                    to account for                                                     (S.B. 1 § 3(c)(2),
      percent of      Leg., Reg. Sess.                                                      inflation)            (S.B. 5975, 65th      (H. 4640 § 29(3(b)),   2019 Leg., Reg.
      the state       (N.J. 2019))                                  (N.Y. Workers’                                Leg., 3rd Special     30, 190th Gen.         Sess. (Conn. 2019)
      average                                                       Comp. Law §§            (D.C. Law 21-264 §    Sess. (Wash. 2017)    Court, Reg. Sess.      (enacted))
      weekly wage     The average                                   204(2)(A), (B) (as      104(g) (D.C. 2016))   (enacted))            (Mass. 2018)
      OR 60           weekly benefit in                             amended by S.                                                       (enacted)
      percent of      2017 was $538 for                             6406C))
      the worker’s    family care and
      weekly          $465 for own
      wage,           disability
      whichever is
      greater.        (https://myleaveben
                      efits.nj.gov/labor/m
   B) The             yleavebenefits/asse
      maximum         ts/pdfs/ANNUAL_F
      weekly          LI-
      benefit is      TDI_REPORT_FO
      $1,252 in       R_2017.pdf)
      2019

                                                                                10
California             New Jersey   Rhode Island   New York        District of   Washington   Massachusetts   Connecticut
                                                                   Columbia
       (maximum
       adjusted
       annually
       based on
       statewide
       average
       weekly
       wage).

Workers with
quarterly earnings
less than $929 will
receive a weekly
benefit of $50.

(https://www.edd.ca
.gov/Disability/Calc
ulating_PFL_Benef
it_Payment_Amou
nts.htm; A.B. 908,
2015-2016 Leg.,
Reg. Sess. (Cal.
2016) (enacted))

Note: The San
Francisco Board of
Supervisors passed
an ordinance
requiring covered
employers to
provide
supplemental
compensation to
covered employees

                                                              11
California             New Jersey   Rhode Island   New York        District of   Washington   Massachusetts   Connecticut
                                                                   Columbia
taking leave to care
for a new child for
up to six weeks
such that the
combined weekly
benefit equals 100
percent of the
employee’s weekly
wage. This
requirement
applies to
employers with 50
or more employees
starting in January
2017, expands to
employers with 35
or more employees
in July 2017 and to
employers with 20
or more employees
in January 2018.

(San Francisco,
Cal. Ordinance
160065)

As of June 2019,
the average weekly
benefit in the state
for family care was
$687 and the
average for own
disability was $622

                                                              12
California            New Jersey           Rhode Island            New York                District of          Washington            Massachusetts         Connecticut
                                                                                                        Columbia
             (http://www.edd.ca.
             gov/about_edd/Quic
             k_Statistics.htm)

             Leave for family      Not more than        Leave for family        Leave for family        Not more than        Not more than         Yes                   Yes, if employee
             care and own          FMLA and NJ FLA      care is job-            care is job-            FMLA and D.C.        FMLA and WA                                 has been employed
             disability is                              protected but leave     protected but leave     FMLA (D.C. FMLA      FMLA                  (H. 4640 §§           for at least three
             protected, but not    Beginning on June    for own disability is   for own disability is   covers individuals   (S.B. 5975, 65th      29(2(e)), 30, 190th   months
             more than FMLA        30, 2019, NJ FLA     no more protected       no more protected       at employers with    Leg., 3rd Special     Gen. Court, Reg.      immediately
             and CFRA              is expanded to       than under FMLA         than under FMLA         20 or more           Sess. (Wash. 2017)    Sess. (Mass. 2018)    preceding request
                                   apply to employers   or RI PFMLA             or NY PFMLA             employees)           (enacted))            (enacted)             for leave
             Leave for parental    with 30 or more
Job          leave is protected    employees            (R.I. Gen. Laws §       (N.Y. Workers’                               Leave for                                   (S.B. 1 § 17, 2019
protection   for individuals at                         28-41-35(f))            Comp. Law § 203-b                            pregnancy                                   Leg., Reg. Sess.
while on     employers with 20     (A. 3975, 218th                              (as amended by S.                            disability is                               (Conn. 2019)
leave        or more employees     Leg., Reg. Sess.                             6406C))                                      protected for six                           (enacted))
                                   (N.J. 2019))                                                                              weeks for
             Leave for                                                                                                       individuals at
             pregnancy                                                                                                       employers with
             disability is                                                                                                   eight or more
             protected for                                                                                                   employees
             individuals at
             employers with five
             or more employees

             For family care,      Seven days, but if   Due to a legislative    For family care,        One week without     For family care and   Seven calendar        None
             beginning on          disability lasts     approved change,        none                    pay from the         own serious health    days; waiting
             January 1, 2018,      three weeks, the     claims filed                                    insurance system;    condition, seven      period is not
             none                  worker gets paid     effective July 1,       For own disability,     only one waiting     calendar days         required for family
Waiting                            for those seven      2012, or later no       seven days              period per year                            leave taken
period       For own disability,   days; must be        longer need to                                  regardless of the    For bonding leave,    immediately after a
             seven days            consecutive          serve a non-paid        (N.Y. Workers’          number of            none                  period of medical
                                                        waiting period          Comp. Law § 204(1)      qualifying events                          leave for pregnancy
             (Cal. Unemp. Ins.     Beginning on July                            (as amended by S.       for which a worker   (S.B. 5975, 65th      or childbirth
             Code §§               1, 2019, none                                6406C))                 takes leave          Leg., 3rd Special     recovery

                                                                                            13
California                      New Jersey                        Rhode Island                New York                        District of                    Washington                      Massachusetts                  Connecticut
                                                                                                                                     Columbia
       2627(b), 3303 (as                                                 Caregiver/bonding                                                                          Sess. (Wash. 2017)
       amended by A.B.                 (N.J. Stat. Ann. §                and own disability                                          (D.C. Law 21-264 §             (enacted))                      (H. 4640 §§
       908))                           43:21-38; A. 3975,                claims must be out                                          104(b) (D.C. 2016))                                            29(3(a)), 30, 190th
                                       218th Leg., Reg.                  of work for seven                                                                                                          Gen. Court, Reg.
                                       Sess. (N.J. 2019))                consecutive days as                                                                                                        Sess. (Mass. 2018)
                                                                         one of the                                                                                                                 (enacted)
                                                                         eligibility
                                                                         requirements

                                                                         (11-000-002 R.I.
                                                                         Code R. §§ 16(G),
                                                                         37(D))

The National Partnership for Women & Families is a nonprofit, nonpartisan advocacy group dedicated to promoting fairness in the workplace, access to quality health care and policies that help all people meet the dual demands of work and
family. More information is available at NationalPartnership.org.

© 2019 National Partnership for Women & Families. All rights reserved.

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