2021 state disability and paid leave reference guide

2022 State Disability and Paid Leave Reference Guide

Standard Insurance Company | 1100 SW Sixth Avenue, Portland OR 97204 | standard.com This document is provided for informational purposes only and is subject to change at any time. It is not intended to serve as a substitution for consultation with your legal or other professional advisors.

Standard Insurance Company | 1100 SW Sixth Avenue, Portland OR 97204 | standard.comThis document is provided for informational purposes only and is subject to change at any time. It is not intended to serve as a substitution for consultation with your legal or other professional advisors.

SI 19866 (3/22)

https://www.standard.com

California – State Disability Insurance (SDI) has two parts Disability Insurance (DI) Paid Family Leave (PFL)

Employment Development Department, 800 Capitol Mall MIC 29-VP, Sacramento, CA 95814, 916.653.0707 https://www.edd.ca.gov/Disability/

Which employers are required to provide SDI and PFL coverage?

How is coverage provided?

When do benefits begin?

What is the maximum benefit period?

How is the benefit calculated?

Who pays for the plan?

Employers of one or more employees and with a quarterly payroll of $100 or more.

Domestic (household) employers of domestic employees with a quarterly payroll of $750 or more.

Either or both Disability Insurance (DI) and Paid Family Leave (PFL) may be administered and insured through the state or through an approved voluntary plan (private carrier). An approved voluntary plan must be equal to, and exceed the state benefit plan in at least one provision.

The SDI program is state- mandated and funded through employee payroll deductions.

However, the employer may choose to pay for all or part of the premium.

Annual Taxable Wage Base: $145,600

Employee Contribution Rate: 1.1%

Maximum Annual Employee Contribution: $1,601.60

DI: Seven day waiting period; Benefits begin on the eighth day of disability.

The required seven-day non-payable waiting period does not need to be taken seven days in a row. For example, if you were unable to work for one day per week, the seven- day waiting period would be served over a seven-week period. Benefits are payable once the seven days have been served and all other eligibility criteria are met.

DI Relapse Period: If the employee has the same or related cause or condition separated by not more than 60 days, it may be considered one continuous disability period.

PFL: There is no waiting period.

DI provides a maximum of 52 times the weekly benefit amount to eligible workers who have a loss of wages when they are unable to work due to a non-work-related illness or injury, or due to pregnancy or childbirth.

PFL provides up to 8 times the weekly benefit amount in a 12-month period for individuals who take time off work to care for a seriously ill family member or to bond with a new child.

As of January 1, 2021, PFL has expanded to include new eligibility for California workers who take time off work to participate in a qualifying event arising from a family member’s military deployment to a foreign country.

Benefits payable for less than one week will be paid in increments of 1/7 of the weekly benefit.

60 – 70% of average wages depending on income earned 5 to 18 months prior to claim start date.

Minimum Weekly Benefit: $50

Maximum Weekly Benefit: $1,540

Benefits payable for less than one week will be paid in increments of 1/7th of the weekly benefit.

DI: Benefits are not subject to taxes with the exception if they become a replacement income for unemployment insurance.

PFL: Benefits are subject to taxation.

Top Up: Employers are permitted to top up wages while employees are receiving SDI or PFL benefits, but total income cannot exceed pre-claim income.

State Disability Insurance and Paid Leave Reference Guide from The Standard

LINK TO VOLUNTARY PLAN INFORMATION State Disability Insurance - Voluntary Plan (VP) California EDD

https://www.edd.ca.gov/Disability/

https://edd.ca.gov/Disability/Employer_Voluntary_Plans.htm

Colorado – Paid Family Medical Leave*

Which employers are required to provide PFML coverage?




How is the benefit calculated??


Local governments, independent contractors, sole proprietors, partners, and joint ventures, are not required to participate in the program.

Covered Individuals include CO employees who have worked at least 180 days and who earned at least $2,500 in wages.

Employee definition is broad and includes any individual performing labor or services for the benefit of another. However, independent contractors are not considered “employees”.

Employer Options: Employers can satisfy compliance obligations under the state plan, an approved self-funded private plan or fully-insured plan.

Initial contribution is 0.9% of wages per employee.

Cost is split between employers and employees.

Employers with fewer than 10 employees are not required to pay the employer portion of the premium.

Premiums in 2025 and beyond will be adjusted so that the total amount equals 135% of the prior year claims cost + 100% of the administration cost.

Current law caps future premium at 1.2% of wages.

Payroll deductions begin January 1, 2023.

Benefit Waiting Period: none

Duration: 12 weeks of paid family or medical leave. An additional 4 weeks of leave for pregnancy or childbirth complications.

Benefit Amount: 90% of average weekly wages for wages that are less than, or equal to, 50% of the state average weekly wage, or 50% of wages that exceed 50% of the state average weekly wage.

Maximum Benefit: $1,100 for benefits paid prior to 1/1/2025

Vacation/PTO/Top Up: employers cannot require use of vacation or PTO while employees are on PFML, but accrued paid time an employee chooses to use can “top up” PFML to 100% wage replacement.


Employers with nine or fewer employees are exempted. The law requires employers to provide 12 weeks of paid leave in most instances, and up to 16 weeks under certain circumstances. The Colorado Department of Labor and Employment will administer the program through a new division, the Division of Family and Medical Leave Insurance (the Division).

*Disclaimer: Rule making is currently in progress and information provided could be subject to change by the Colorado Department of Labor and Employment

Connecticut PFML – Paid Family and Medical Leave* https://ctpaidleave.org/





How is the benefit calculated??


Beginning January 1, 2021 an employer must participate in the CT Paid Leave Program if they have any activity, enterprise or business in CT with one or more employees (including non-unionized state employees).

Employees must participate in the Paid Leave Program except:• Employees of the federal

government.• State and municipality

employees who are members of a union (unions can bargain to be included in the program).

• Employees of local and regional members of Boards of education.

• Non-public elementary and secondary school employees.

• CT residents who are sole proprietors or self-employed can choose to opt-in.

Employers can satisfy statutory obligations under the state plan, or approved self- insured or fully insured private plans.

50% + 1 of an Employer’s Connecticut employees must approve opting out of the state plan by a majority vote.

The state has the authority to disapprove private plan applications that jeopardize the state plan solvency.

• 0.5% of payroll up to the Social Security contribution limit ($147,000 in 2022)

• 100% employee paid • The law caps even future

employee contributions at 0.5%

No waiting period 12 weeks in a 12-month period (+2 weeks for serious pregnancy related health conditions that result in incapacity).

• If wages are less than or equal to the CT minimum wage multiplied by 40, the weekly benefit rate will be 95% of EE average weekly wage.

• Note: 40 times the minimum wage will be equal to $520 weekly in January 2022, increasing to $560 on July 1, 2022, and $600 on June 1, 2023.

• If wages exceed the CT minimum wage multiplied by 40, the weekly benefit rate will be 95% of the CT minimum wage multiplied by 40, plus 60% of the amount EE average weekly wage exceeds the CT minimum wage multiplied by 40. The benefit rate is capped at 60 times the CT minimum wage.

• Note: 60 times the minimum wage will be equal to $780 weekly in January 2022, increasing to $840 on July 1, 2022, and $900 on June 1, 2023.

Top Up: it is permissible for employer provided compensation to top up PFML benefits so long as the total does not exceed 100% of pre-leave wages.


Eligibility for paid leave benefits is not based on the length of time an employee has worked. In order to be eligible for paid leave benefits effective January 1, 2022, the employee needs to have earned $2,325 in wages in the first 4 of the past 5 quarters, and fit into one of the following categories: 1) Currently employed by an employer working in Connecticut; 2) Has been employed within the past 12 weeks by an employer working in Connecticut; or 3) is a self-employed individual or a sole proprietor who opted to enroll in the CT Paid Leave program.

* Disclaimer: Rule making is currently in progress and information provided could be subject to change by the Connecticut Paid Leave Authority

District of Columbia – Paid Family Leave DC Department of Employment Services 4058 Minnesota Ave, NE, Washington, DC 20019 202-724-7000 www.does.dc.gov https://does.dc.gov/page/district-columbia-paid-family-leave

Which employers are required to provide PFL coverage?


What key dates impacted PFL in the District of Columbia?

When do benefits start and what is the maximum benefit period?



Any business performing services in the District of Columbia that also pays unemployment insurance taxes for its employees.

This also includes non-profit organizations and domestic (household) employers paying unemployment insurance tax as well as self-employed individuals who opt in.

There is no cap on payroll tax paid into the fund.

District of Columbia Department of Employment Services administers Paid Family Leave. No privately insured or self-insured plans allowed.

There are no exemptions for employers who have commenced business within the District of Columbia.

A covered employee is anyone who performs 51% or more of their work services in the District.

Paid family benefits are funded by a quarterly employer payroll tax of 0.62% of covered employees’ total wages. These quarterly contributions are based on the immediate past quarter of wages paid similar to unemployment insurance tax. This tax is 100% employer funded.

Paid family leave contributions and unemployment insurance contributions are separate.

A self-employed individual who has opted-in to the paid leave program will contribute quarterly an amount equal to 0.62% of the total gross earnings from all of the self-employed businesses for which the individual performs at least fifty percent their work in the District of Columbia.

July, 1, 2019: • Collection of contributions

began

October 1, 2019: • Collection for self-employed

contributions began

July 1, 2020: • Benefits began

Parental leave for bonding: • 8 weeks

Family Serious Health Condition: • 6 weeks

Own Serious Health Condition: • 6 weeks

Benefit Waiting Period: • 7 days

Paid-leave benefits are calculated based on an eligible individual’s average weekly wage; the total wages in covered employment earned during the highest 4 out of 5 quarters (the base period) immediately preceding a qualifying event, divided by 52.

For employees with varied hours the average number of days worked per week in the base period is used to calculate benefits for partial weeks of leave.

Maximum Weekly Benefit: $1,009

Taxation: The DC revenue service has not determined whether PFL benefits are subject to taxation.


http://www.does.dc.gov

https://does.dc.gov/page/district-columbia-paid-family-leave

Hawaii – Temporary Disability InsuranceDept. of Labor & Industrial Relations Disability Compensation Div., 830 Punch Bowl Street, Honolulu, HI 96813, 808.586.9188 http://labor.hawaii.gov/dcd/home/about-tdi/

Which employers are required to provide TDI coverage?

What employees are covered?





Employers of one or more employees.

Domestic (household) employers of domestic employees with a quarterly payroll of $225 or more.

To be eligible for TDI benefits, an employee must have at least 14 weeks of Hawaii employment, during each of which the employee was paid for 20 hours or more and earned not les than $400 in the 52 weeks preceding the first day of disability.

The 14 weeks need not be consecutive nor with only one employer. The employee must also be in current employment to be eligible.

Hawaii does not administer a state plan but requires a minimum Temporary Disability Insurance (TDI) plan, which may be one of the following: • privately insured,

• self- insured;

• or an approved collective bargaining agreement that provides sick leave & disability benefits.

Employee: Up to one-half the premium cost but not more than 0.5% of the employee’s weekly wages up to a maximum of $6.00 per week. (taxable wage base = $1,200.30).

Employer: At least one-half of plan costs, plus any additional costs not chargeable to employee.

Seven day waiting period; Benefits begin on the eighth consecutive day of disability.

26 weeks during the benefit year.

The benefit year begins on the date of Disability.

58% of average weekly earnings; Minimum Weekly Benefit: $1

Maximum Weekly Benefit: $697


Benefits are subject to taxation.


http://labor.hawaii.gov/dcd/home/about-tdi/

Massachusetts – Paid Family & Medical LeaveEmail: [email protected] https://www.mass.gov/orgs/department-of-family-and-medical-leave

Which employers are required to provide PFML coverage?*

What key dates impacted PFML?

When can I start filing a PFML claim?

What is the maximum leave period?


What is proposed for PFML funding?

Private employers with one or more employees are subject to PFML law and must submit contributions on behalf of workers and covered individuals.

Employers with fewer than 25 employees must submit contributions on behalf of their workers to cover the portion of PFML contribution due from employees and covered individuals. They are not required to pay the employer portion of the contributions for PFML.

Sole proprietors, LLC members and partners are not covered for PFML if they don’t issue themselves W-2’s, unless they opt in.

Self-employed individuals are not required to enroll. If enrolling the self-employed must opt into PFML for at least 3 years and make contributions for at least 2 full quarters before applying for benefits.

Cities, towns, districts, and political subdivisions or their instrumentalities are exempt unless they opt in.

October 1, 2019: • Employers begin

withholding contributions to Department of Family and Medical Leave on behalf of employees (and 1099 contractors in certain circumstances) from payroll deductions.

• Self-employed individuals may opt-in and begin paying contributions.

December 20, 2019: • Private plan exemptions for

the first quarter of contributions must be filed.

January 31, 2020: • Oct – Dec. contributions due

Employers are required to contribute 0.68% of maximum earnings established by Social Security Administration ($147,000 in 2022).

Contribution can be fully employer paid, or shared between employee payroll deductions and employer contribution.

Of the .68% contribution: 0.56% is for Medical Leave 0.12% is for Family Leave Up to 100% of Family leave contribution can be deducted from employee wages.

Up to 40% of Medical leave contribution can be deducted from employee wages. Employers are responsible for contributing the remaining 60% medical leave contribution.

Worker maximum combined contribution is 0.344% of subject wages.

Withholdings must be remitted within 30 days of calendar quarter end to DFML.

• Paid family leave benefits for bonding with a new child and service member-related events.

• Paid medical leave benefits for serious personal health conditions.

• Caring for family member with serious health condition.

The current state plan financial eligibility test is an earnings threshold of $5,400 and 30 times the benefit amount during the base period.

Seven day elimination period. Benefits begin on the eighth consecutive day of disability. There is no waiting period for bonding leave if taken directly following medical leave.

Paid Medical Leave: • Up to 20 weeks

Paid Family Leave: • Up to 12 weeks

Care of Service Member: • Up to 26 weeks

Maximum combined paid Family and Medical leave: • 26 weeks per benefit year

Weekly benefit is calculated as a percentage of employee earnings.

Maximum Weekly Benefit: $1,084.31

Taxation: It is unclear at this time whether PFML benefits will be subject to taxation.


* Employers and businesses that currently provide paid family and medical leave benefits equaling or exceeding those provided under the Commonwealth’s plan are eligible to apply for a Private Plan Exemption. Exemption requests are processed through MassTaxConnect, accepted on a rolling basis and, if approved, are valid for one year.

mailto:MassPFML%40Mass.gov?subject=

https://www.mass.gov/orgs/department-of-family-and-medical-leave

New Jersey – Temporary Disability Insurance (also called TDB or TDBL)Department of Labor and Workforce Development: 1 John Fitch Plaza, P.O. Box 110 Trenton, NJ 08625-0110 https://myleavebenefits.nj.gov/worker/tdi/

Which employers are required to provide TDB coverage?




How is the benefit calculated in 2021?


All employers with employees working in New Jersey.

Once an established business employs one or more individuals and pays wages of $1,000 or more in a calendar year, you are considered an employer.

Minimum $1,000 annual payroll.

2022: Employee must have earned at least $240.00 per week for 20 calendar weeks (“base weeks”) during the 52 week base year, or earned $12,000 in a base year to receive benefits.

Exemptions include: • Federal government

employees • Out-of-State employees • Non-employee workers (ex.

independent contractors, etc.)

State-administered TDB plan, or a privately insured or self-insured plan that must at least equal the provisions of the state plan.

Employers new to New Jersey are automatically enrolled through the state plan. After one quarter of reported wages employers may choose to self-insure or move to a private plan.

If employees are to be required to contribute toward the cost of a private plan, a written election must be held and a majority of employees must agree to the private plan prior to the effective date of the plan.

Employee: 0.14% on $151,900 wage limit

Maximum Annual Employee Contribution: $212.66

Employer: the remaining portion of the total rate, based on $39,800 wage base for 2022.

The total rate is determined by the state or insurance carrier.

The 2022 rate for new employers is 0.5%, set by the state.

All other employers have rates underwritten by the state or their private carrier.


For disabilities lasting longer than 21 days, the first seven days of disability becomes payable.

Relapse Period: If the employee has the same or related cause or condition separated by not more than 14 days, it may be considered one continuous disability period.

26 weeks in a 52-week period, or the period necessary for benefits to equal 1/3 of total wages in base year, whichever is lesser.

85% of average weekly wage

Average weekly wage is determined by dividing base year earnings by number of base weeks.

A base week is any week the employee earns $240 or more.


No Minimum Weekly Benefit




Temporary Disability Benefit provides cash benefits to New Jersey workers who have to stop working due to a physical or mental health condition or other disability unrelated to their work. In addition, if an employee’s healthcare provider certifies that the employee is unable to work because he or she is at high risk for COVID-19 due to an underlying health condition, the employee may be eligible for Temporary Disability benefits. Most employers in New Jersey are required to have Temporary Disability Benefit for their employees.

https://myleavebenefits.nj.gov/worker/tdi/

New Jersey – Family Leave Insurance (FLI)Department of Labor and Workforce Development: 1 John Fitch Plaza, P.O. Box 110 Trenton, NJ 08625-0110

Which employers are required to provide FLI coverage?






Employers of one or more employees for at least 30 days in a calendar year.

Minimum $1,000 annual payroll.

State-administered Family Leave Insurance (FLI) plan, or a privately insured plan that must at least equal the provisions of the state plan. NJ FLI cannot be self-insured or administered.

Employee FLI Contribution Rate: 0.14% on $151,900 wage limit.

Maximum Annual Employee Contribution: $212.66

Employer Contribution Rate: 0%

Privately insured plans may assess other rates to the employer but not to the employee.

Benefit Waiting Period has been removed for FLI, but remains for TDB.

Bonding or Care of a Family Member:

• 12 Consecutive Weeks;

or

• 56 intermittent days during a 12-month period beginning with the first date of claim.

Benefit entitlement may be reduced by 14 days if employee fails to provide 30 days’ notice to the employer prior to the leave.

2022: 85% of average weekly wage.

Minimum Weekly Benefit: N/A

Maximum Weekly Benefit: 2022: $993


New York – Disability Benefits LawNew York State Workers’ Compensation Board, P.O. Box 5205, Binghamton, NY 13902-5205

Which employers are required to provide NYDBL coverage?






Private employers that have one or more employees for 30 days in a calendar year. Public employers may opt in.

Employees *working* in NY are eligible and should be covered. Employees residing in NY, but working in another state are not eligible for coverage under NY DBL. If the employer is paying payroll taxes to NY for a specific employee, we can consider that a NY employee.

Employers have the option to: • Insure the benefit with New

York State Insurance Fund (NYSIF).

• Insure with a carrier; or

• Self-insure only if they are currently self-insured for New York Disability Benefits Law (NYDBL).

Employee: Contribution Rate: 0.5% of $120 weekly taxable wage base

Weekly Maximum Contribution: $0.60

Employer: the remaining portion of the total rate assessed by the insurer.


Relapse Period: If the employee has the same or related cause or condition separated by not more than three months, it may be considered one continuous disability period.

No more than 26 weeks during any disability period or during any consecutive period of 52 weeks.

50% of average weekly wage:



Maximum Weekly Benefit under Special COVID-19 Quarantine Benefit: $2,043.92

Maximum Annual Benefit: $4,420

Benefits payable for less than one week will be paid in increments of the weekly benefit divided by the number of the employee’s normal work days per week.



New York Special COVID-19 Quarantine Benefit: New York enacted a law in March, 2020 which expands New York employee rights to employer provided sick pay and/or a DBL/PFL benefit for periods an employee is under mandatory or precautionary order of COVID-19 quarantine or isolation. When payable, the Special COVID-19 Quarantine DBL/PFL replaces an employee’s salary up to a combined maximum of $2884.62/week, with the maximum DBL portion accounting for $2043.92, and the maximum PFL portion accounting for the remaining $840.70.

Public employers and private employers of 100 or more lives do not have access to this expanded quarantine benefit. Instead, these employers must provide paid sick time to their New York employees.

PFL up to $840/week is available for New York employees of private employers under 100 lives to care for their COVID-19 quarantined minor children.

New York – Paid Family LeaveNew York State Workers’ Compensation Board, P.O. Box 5205, Binghamton, NY 13902-5205 https://paidfamilyleave.ny.gov/


Which employers are required to provide NYPFL coverage?





Employers subject to offering New York Disability Benefits Law (NYDBL) are subject to offering New York Paid Family Leave (NYPFL). However, employee eligibility under NYPFL differs:

Full-time employees are eligible for coverage after 26 consecutive weeks of New York employment.

Part-time employees: Employees who work a regular schedule of fewer than 20 hours per week are eligible after working 175 days, which do not need to be consecutive. Employees with irregular schedules should look at their average schedule to determine if they work, on average, fewer than 20 hours per week.

Employers have the option to: • Insure the benefit with New

York State Insurance Fund (NYSIF)

• Insure with a carrier; or

• Self-insure (only if they are currently self-insured for NYDBL)

Employee: 0.511% of taxable wages.

Annual Maximum Contribution: $423.71

There is no cost to the employer. However, employers can elect to pay the premium.

PFL is 100% employee paid through payroll deductions. The cost in 2022 will be 0.511% of an employee’s Average Weekly Wage up to the New York Average Weekly Wage (currently $1,594.57). So the maxi-mum annual contribution per employee in 2022 will be $423.71. Note that the 0.511% rate includes a .005% COVID-19 special assesment.

There is no elimination period for NYPFL; Benefits begin on the first day of the qualified leave event.

Benefits must be used in full day increments in order to qualify for NYPFL. However, full day is defined as the normal work day – meaning if you normally work 4 hours, a full day for you is 4 hours – you don’t have to miss 8.

The Maximum Benefit Period in 2022 is 12 weeks

The maximum combined benefit period for both DBL and NYPFL is 26 weeks in a consecutive 52 week period.

For 2022: 67% of average weekly wage

Minimum Weekly Benefit: the lesser of $100 or the employee’s average weekly wage.

The Maximum Benefit is based on the prior year’s State Average Weekly Wage (SAWW). NY SAWW for 2022 calculations is $1,594.57 per week.

Maximum Benefit 2022: 67% of NY average weekly wage = $1,068.36

Annual Wage Cap: $82,914.64



New York Special COVID-19 Quarantine Benefit: New York enacted a law in March, 2020 which expands New York employee rights to employer provided sick pay and/or a DBL/PFL benefit for periods an employee is under mandatory or precautionary order of COVID-19 quarantine or isolation. When payable, the Special COVID-19 Quarantine DBL/PFL replaces an employee’s salary up to a combined maximum of $2884.62/week, with the maximum DBL portion accounting for $2043.92, and the maximum PFL portion accounting for the remaining $840.70.

Public employers and private employers of 100 or more lives do not have access to this expanded quarantine benefit. Instead, these employers must provide paid sick time to their New York employees.

PFL up to $840/week is available for New York employees of private employers under 100 lives to care for their COVID-19 quarantined minor children.

https://paidfamilyleave.ny.gov/

Oregon – Paid Family Medical Leave Insurance (PFMLI)*Oregon Employment Department/Paid Family Medical Leave Insurance: https://www.oregon.gov/EMPLOY/PFMLI/Pages/default.aspx

Which employers are required to provide PFMLI, and who is eligible for coverage?






Employers must participate in PFMLI unless the employer has an approved equivalent plan. If an employer has such a plan, they and their employees will not pay into, nor receive benefits from the State’s program, but instead get benefits from the employers equivalent plan.

Employers with fewer than 25 employees are not required to pay the 40 percent employer contribution. However, if an employer does pay the 40 percent employer contri-bution, they are eligible to receive assistance grants.

Self-employed individuals and tribal governments may opt into the program.

To be eligible for benefits, an employee must have earned $1,000 or more in the previous year.

Employers may apply for approval of a private Equivalent Plan, which must be approved by the Employment Department.

Employers may deduct from employees’ wages to fund their Equivalent Plan, however the amount cannot exceed what employees would pay into the State plan, and must be used only for plan expenses.

Employers must apply for re-approval annually for three years after initial approval, or after any changes.

OR PFML is funded through a payroll contributions of no more than 1%, shared by employers and employees.

Employees will contribute 60 percent and employers will contribute 40 percent of the required contribution.

Employers have the option to pay some or all of their employees’ portion as a benefit.

For employers utilizing the state plan, the program will be funded by premiums that are collected by the state starting January 1, 2023.

Benefits under OR PFML will become available on September 3, 2023.

Benefit Waiting Period: the law does not provide for a benefit waiting period.

Eligible employees can receive up to 12 weeks of benefits.

If an employee experiences limitations related to pregnancy, childbirth, or a related medical condition, including but not limited to lactation, up to two additional weeks of paid benefits are available.

Eligible Oregon workers will generally have up to 16 weeks of combined paid leave per year, and up to 18 weeks for women who suffer pregnancy complications.

For employees who earn equal to or less than state average weekly wage (SAWW): 100% of the employee’s average weekly wage.

For employees who earn greater than state AWW: 65% of the SAWW and 50% of the portion of the employee’s AWW that exceeds 65% of the SAWW.

The maximum weekly benefit: 120% of SAWW. For 2022 this is $1,376.46

The minimum weekly benefit: 5% of SAWW

The SAWW is set once per year by the Employment Department. 2022 SAWW: $1,147.05


*Disclaimer: Rule making is currently in progress and information provided could be subject to change by the Oregon Employment Department.

https://www.oregon.gov/EMPLOY/PFMLI/Pages/default.aspx

Washington – Paid Family & Medical LeaveWA Employment Security Department, P.O. Box 9046 Olympia, WA 98507, Physical Address 212 Maple Park Ave SE, Olympia WA 98507 360-902-9500 www.esd.wa.gov www.paidleave.wa.gov







Employers of one or more employees in the State of Washington.

For corporations, if an individual receives compensation from his or her corporation in exchange for service provided to it, that individual is required to participate as an employee of that organization. Corporate officers are required to participate.

Members of an LLC are exempt from the program even if they are taking a wage from their LLC. Owners of a sole-proprietorship, partnership, or LLC members are not required to participate but can elect coverage.

State-administered, or Voluntary plan (private carrier plan) which must meet state minimum requirements.

Employers can offer a voluntary plan for either Paid Family Leave (PFL) or Paid Family Medical Leave (PFML) separately or both may be voluntary.

The employer and employee may share the premium which is 0.6% of employees’ wages not including tips.

Employers who choose to withhold premiums from their employees may withhold up to 73.22% of the total premium. The employer is responsible for paying the other 26.78%.

Annual Taxable Wage Base: $147,000 (Based on Social Security Cap)

Maximum Contribution Rate: $645.80

Employers with fewer than 50 employees are not required to pay the employer portion of the premium.

Regular reporting deadlines: Q1 (Jan, Feb, Mar): April 30 Q2 (April, May, June): July 31 Q3 (July, Aug, Sept): Oct 31 Q4 (Oct, Nov, Dec): Jan 31

Visit the Washington PFML Reporting website for twosteradditional detail: https://paidleave.wa.gov/reporting

Must be out of work for at least seven days for a non-work related illness or injury. Benefits are payable from day one for birth or placement of a child.

Employees must work at least 820 hours in either: • The first 4 of the last 5

calendar quarters prior to taking leave; or

• The last 4 completed calendar quarters

Employee must take a minimum of eight consecutive hours to qualify for benefits.

No PFML benefits are payable during the seven day waiting period. The maximum leave duration is not extended by the benefit waiting period.

Relapse Period: If the employees has the same or related cause or condition separated by not more than four months, it shall be considered one continuous disability period.

12 weeks during a 52 week benefit year.

Employees are eligible for up to 16 weeks of leave when family and medical leave are used in combination.

Up to 18 weeks may be used for pregnancy claims with medical complications.

There are no benefits payable during the seven-day waiting period. Benefit duration is not extended by the waiting period.

Employees earning 50% or less than the state average weekly wage (SAWW): 90% of average weekly wages

Employees earning more than 50% of the state average: 90% of ½ the SAWW, plus 50% of the difference between the employee’s average weekly wages and ½ the SAWW


Maximum Weekly Benefit 2022: $1,327.

Effective January 1, 2022, the SAWW is $1,475. This is subject to change every January 1st.

Top Up: Yes, employees may receive “supplemental” income such as vacation, sick and PTO while on PFML. PFML is not payable if employees are receiving non-supplemental wages.


http://www.esd.wa.gov

http://www.paidleave.wa.gov

https://paidleave.wa.gov/reporting

https://paidleave.wa.gov/reporting

2021 state disability and paid leave reference guide

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