Beginning February 22, 2026, amendments to New York City’s Earned Safe and Sick Time Act go into effect expanding employee rights and increasing employers’ safe and sick time compliance obligations. Among other things, employers will be required to frontload 32 hours of unpaid safe and sick time to covered employees immediately upon hire and at the start of each calendar year. The amendments also broaden the qualifying reasons for using safe and sick time. Read more about these important changes from our New York colleagues here.

Effective October 1, 2025, Maryland House Bill 895, titled the Employment and Insurance Equality for Service Members Act broadens the definition of “Uniformed Services” to include not only the Armed Forces, but also the Commissioned Corps of the Public Health Service and the National Oceanic and Atmospheric Administration (“NOAA”).  This expansion has two key implications for employees and employers: 

  1. Broader Eligibility for Paid Leave: Employees with covered family members serving in these newly recognized branches may now qualify for paid leave under the FAMLI program. This includes leave to care for a service member with a serious health condition resulting from active duty. 
  1. Expanded Access to Exigency Leave: While the types of qualifying exigencies—such as attending deployment-related events, arranging childcare, or spending time with a service member on short-term leave—remain unchanged, the pool of eligible employees has grown due to the broader definition of “Uniformed Services.” 

Although these changes take effect in October 2025, employers should note that the implementation of the FAMLI program itself has been delayed. Contributions are now scheduled to begin on January 1, 2027, with benefits available starting January 3, 2028. 

Employers should review their leave policies and update any references to “military” or “armed forces” to reflect the new “Uniformed Services” terminology.  

Takeaways

  • Know your state’s rules: Voting leave requirements vary widely — some mandate paid time off, others unpaid, and several include posting or notice obligations.
  • Review and update practices annually: State laws change frequently — conduct a yearly compliance review ahead of each election cycle.
  • Remember remote workers: Voting leave laws generally depend on the employee’s work location, not the company’s headquarters.
  • Build goodwill via compliance: Supporting employees’ right to vote not only avoids penalties but also fosters a culture of civic engagement and trust.

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As Election Day 2025 approaches, employers should ensure compliance with state and local laws governing employee voting leave. While not all jurisdictions require employers to provide time off to vote, many do—often with specific conditions related to notice, pay and posting obligations. Failure to comply with these requirements can result in civil or even criminal penalties.

Given the continuing evolution of state election and voting leave laws, employers are encouraged to review their practices annually to confirm they remain compliant and to ensure all employees are properly advised of their rights related to time off and, as applicable, pay to vote.

Understanding State-Specific Obligations

Employer obligations vary significantly by state. Some states mandate paid time off for voting, including early voting or absentee ballot submission. Others allow this time to be unpaid. The specifics can differ widely, including:

  • Amount of time: The required amount of time off can vary. Some states specify a set number of hours, while others require “sufficient” time to vote.
  • Work hours consideration: In some states, if employees have sufficient time to vote outside of work hours, employers may not be obligated to provide additional time off.
  • Scheduling: Employers may have the right to dictate when the time off is taken, such as at the beginning or end of the workday.
  • Notice and posting requirements: Certain jurisdictions require employers to post notices informing employees of their voting leave rights.
  • Election officials and elected office: Some states also require employers to provide time off for employees serving as election officials or in elected positions.

Note that applying these specifics to expanded early voting often is not clear.

Best Practices for Employers

To ensure compliance and support employee participation in the election, employers should:

  1. Regularly review practices: Ensure they align with current laws and be prepared to address employee requests for time off before election day.
  2. Consider remote employees: Understand how state laws apply to remote employees; the rise of remote work may afford employers more flexibility in meeting voting leave obligations.
  3. Address posting requirements: Ensure that any required notices about voting leave rights are posted in accordance with state laws, which may include digital postings for remote employees.
  4. Promote employee morale: Consider creating a culture that encourages voting and ensures compliance with all relevant policies; employees’ right to vote can positively impact morale.

By staying informed and proactive, employers can navigate the complexities of voting leave requirements and support their employees’ civic engagement during the 2025 election.

Sampling of State Law Requirements 

California: Pursuant to California Election Code § 14000, an employee who does not have sufficient time outside of working hours to vote at a statewide election may take off enough working time that, when added to the voting time available outside of working hours, will enable the voter to vote without loss of pay. 

Notice, Hours, PostingPaid?
Notice: Two working days’ advance notice prior to the election is required if, on the third working day prior to the election, the employee knows or has reason to believe they will need time off to vote.Hours: Time may be taken only at the beginning or end of the work shift, whichever allows the greatest amount of free time for voting and least time off from work, unless otherwise mutually agreed.Posting requirement: Employers must post a notice of voting time requirements at least 10 days before an election. Employers can satisfy this requirement by posting a copy of the “Time Off to Vote” notice.Paid: No more than two hours of the time taken off for voting may be without loss of pay.

Colorado: Colorado Revised Statute §1-7-102 provides that eligible voters are entitled to be absent from work for up to two hours for the purpose of voting on election day, unless the employee has at least three nonworking hours to vote while the polls are open.

Notice, HoursPaid?
Notice: The employee must apply for leave prior to election day.Hours: The employer may specify the hours of absence, but the hours must be at the beginning or end of the work shift, if the employee so requests.Paid: No more than two hours.

District of Columbia: Under D.C. Official Code § 1-1001.07a, eligible voters are allowed at least two hours of paid leave to vote in person or, if the employee is not eligible to vote in the District, in any election run by the jurisdiction in which the employee is eligible to vote.

Notice, Hours, PostingPaid?
Notice: Employers may require employees to give reasonable notice of intent to vote. The regulations define reasonable as either (1) a request consistent with an existing employee leave policy, or (2) if there is no leave policy, no later than seven days before the time requested to vote.Hours: Employers may specify the hours during which the employee may take the leave, including requiring that the employee take the leave either during a period designated for early voting instead of on the day of the election or at the beginning or end of their working hours.Posting requirement: For 60 days prior to and until all scheduled elections, including special elections, employers must post and maintain a notice, developed by the D.C. Board of Elections in consultation with the Office of Human Rights’ Language Access Program, in a conspicuous place and accessible place where employees work. Employers may download the notice from the Board’s website or request the notice by sending an email to communications@dcboe.org. For remote workers, or if no conspicuous and accessible place exists for posting, employers must provide the notice to individual employees, provided that the employee signs an acknowledgement of receiving the notice.Paid: Upon the employee’s request, an employer must provide the employee at least two hours of paid leave to vote in person, provided that the employee would have been scheduled to work during the time for which the leave is requested.

Florida: Fla. Stat. § 104.081 provides that employers cannot fire an employee for voting; otherwise, no law requiring employee time off to vote. Employer may specify the hours during which employee may be absent.

Notice, HoursPaid?
Notice: Statute is silent on employee notice requirement.Hours: Employer may specify the hours during which employee may be absent.Paid: Leave is unpaid.

Illinois: Under Illinois Statute 10 ILCS 5/17-15, an eligible voter is allowed time off for a period of up to two hours between the time the polls open and close.

Notice, HoursPaid?
Notice: Employees must provide notice prior to election day.Hours: Employers may specify the hours during which the employee may be absent, except that the employer must permit a two-hour absence during working hours if the employee’s working hours begin less than two hours after opening of the polls and end less than two hours before closing of the polls. Paid: Employers cannot reduce employees’ pay for voting time leave.

Iowa: Under Iowa Code § 49.109, eligible voters are allowed two voting hours when polls are open, unless employee has two consecutive nonworking hours when polls are open to vote.

Notice, HoursPaid?
Notice: Employees must make a written application to vote before voting day.Hours: The employer may designate the period of time to be taken.Paid: If taken during work hours.

Kentucky: Pursuant to Kentucky Revised Statute § 118.035, eligible voters are allowed reasonable time to vote, but not less than four hours while polls are open. Employees are also allowed up to four hours’ absence on the day of appearing before the county clerk, during business hours, to request an application or execute an absentee ballot. Employer may specify hours during which an employee may absent themselves.

Notice, HoursPaid?
Notice: The employee must apply for leave prior to voting days.Hours: The employer may specify the hours of absence.Paid: No requirement to provide paid time off.

Missouri: Under Mo. Rev. Stat. §115.639, eligible voters are entitled to three hours to vote, unless polls are open during three successive nonworking hours.

Notice, HoursPaid?
Notice: Employees must make an application to vote before voting day.Hours: Employer may specify any three hours between the polls’ opening and closing times during which an employee may be absent.Paid: If vote is cast.

Nebraska: Under Neb. Rev. Stat. § 32-922 eligible voters are allowed up to two hours to participate in all elections, unless polls open two consecutive hours before or after work, then the employee is allowed enough time off, when added to free time, to equal two consecutive hours.

Notice, HoursPaid?
Notice: Employees must apply for leave of absence to vote to the employer or person authorized to grant such leave prior to the day of the election.Hours: Employers may specify the hours during which the employee may be absent.Paid: If application is made on or before election day.

Nevada: Under Nev. Rev. Stat. §293.463, eligible voters are allowed “sufficient time” to vote, unless “sufficient time” exists during nonworking hours. Employees must be granted one to three hours to vote, depending on distance to the polls, as follows: One hour, if the distance between the voter’s place of employment and polling place is two miles or less; two hours, if the distance is from two to 10 miles; and three hours, if the distance is more than 10 miles.

Notice, HoursPaid?
Notice: Employees must apply for leave of absence to vote to the employer or person authorized to grant such leave prior to the day of the election.Hours: Employers may specify the hours during which the employee may be absent.Paid: Employers cannot reduce pay because the employee takes voting time leave.

New York: New York Election Law §3-110 states that a registered voter who does not have four consecutive nonworking hours to vote while the polls are open may take off so much working time as will enable the person to vote at any election without loss of pay for up to two hours.

Notice, Hours, PostingPaid?
Notice: The employee must provide notice of leave at least two working days prior to the election.Hours: The employer may specify the hours. Leave must be given at the beginning or end of the work shift, as the employer may designate, unless otherwise agreed.Posting requirement: Employers must also conspicuously post a notice for employees about the law not less than 10 working days before every election. The notice must be kept posted until the close of the polls on election day.Paid: Not more than two hours may be taken without loss of pay.

Texas: Under Tex. Elect. Code §276.004, an eligible voter is not entitled to any time off if polls are open during two consecutive nonworking hours.

Notice, HoursPaid?
Notice: Statute is silent on employee notice requirement.Hours: Amount not specified.Paid: Leave is paid. 

Wisconsin: Wis. Stat. § 6.76, an eligible voter is allowed up to three consecutive hours to vote while polls are open. Employers may designate time of day for absence.

Notice, HoursPaid?
Notice: Employee must make an application to vote before election day.Hours: Employer may designate time of day for absence.Paid: Leave is unpaid. 

Conclusion | Contact

It is important for employers to check local laws (albeit limited) to ensure compliance with voting leave rights. 

Our team of attorneys at Jackson Lewis is available to assist with any inquiries regarding state and local regulations and best practices to help ensure your organization remains compliant.

The Department of Labor’s recent opinion letter provides important reminders to employers about the proper method for calculating an employee’s available leave under the Family and Medical Leave Act, especially for employees whose schedules include mandatory overtime. You can read our full analysis here.  

On October 7, 2025, the Senate confirmed President Trump’s nomination of Brittany Panuccio as the third Equal Employment Opportunity Commission (EEOC) Commissioner giving the EEOC the quorum needed to make significant policy changes such as amending or adopting new regulations and guidance.

The EEOC has been patiently waiting until the third EEOC Commissioner was confirmed before issuing changes to the Pregnant Workers Fairness Act (PWFA) Final Regulations (Final Rule). Of course, no one knows what will be included in the revised regulations. However, among other changes, we predict the EEOC will quickly take action that results in the removal of the following conditions from the litany of potential conditions that may require accommodation, absent undue hardship: menstruation, infertility, abortion and menopause. Here’s why.

EEOC Acting Chair Andrea Lucas has been vocal about her support for the PWFA. However, she has indicated that she does not agree with the EEOC’s interpretation in the Final Rule of the phrase “pregnancy, childbirth, or related medical conditions” and  what the EEOC under Acting Chair Lucas’ leadership describes as “the contrivances the Commission used to arrive at its construction of the statute.” Shortly after her appointment as Acting Chair, the EEOC published a statement making it clear that “Once a quorum is re-established at the Commission, Acting Chair Lucas intends for the Commission to reconsider portions of the Final Rule that she believes are unsupported by law.”

When the EEOC voted on the final regulations in April 2024, Lucas issued a public statement  explaining that she believes the EEOC’s Final Rule goes too far.

I support elements of the final rule.  However, I am unable to approve it because it purports to broaden the scope of the statute in ways that, in my view, cannot reasonably be reconciled with the text.  At a high level, the rule fundamentally errs in conflating pregnancy and childbirth accommodation with accommodation of the female sex, that is, female biology and reproduction.  The Commission extends the new accommodation requirements to reach virtually every condition, circumstance, or procedure that relates to any aspect of the female reproductive system.  And the results are paradoxical.  Worse, the Commission chose not to structure the final rule in a manner that realistically allows for severability of its objectionable provisions from its reasonable and rational components.

According to Lucas, “menstruation, infertility, menopause, and the like are not caused or exacerbated by a particular pregnancy or childbirth – but rather the functioning, or ill-functioning, of the female worker’s underlying reproductive system.” Therefore, they are not subject to accommodation under the PWFA.

In addition to the Acting Chair’s stated position, a federal court in the Western District of Louisiana issued an order May 21, 2025, vacating the portion of the EEOC’s Final Rule interpreting the PWFA as requiring employers to accommodate what the court refers to as “elective abortions.” The court ordered the EEOC to revise the PWFA Final Rule. At the time, Acting Chair Lucas could not do so because the EEOC did not have a quorum necessary to take such action.

Now that the EEOC has a quorum with Acting Chair Lucas and Commissioner Kalpana Kotagal joined by Brittany Panuccio, the agency is well-position to take action consistent with the court order and Acting Chair Lucas’ stated intentions.

Unless and until the EEOC revises the Final Rule, it remains in effect except for the portion of the Final Rule that requires accommodation of purely elective abortions.  That means employers should continue to comply with the Final Rule but be on the lookout for a revised Final Rule to be issued. When the Final Rule is revised, employers may need to review their policies and practices related to the PWFA to ensure that they are updated to align with the revised regulations. Jackson Lewis lawyers are continuing to monitor these developments. If you have questions about what this means in your workplace, please reach out to a Jackson Lewis lawyer.

The Massachusetts Department of Family and Medical Leave has announced the 2026 weekly benefit amount and contribution rates for employers and employees under the Paid Family and Medical Leave Act.

As of Jan. 1, 2026, the benefit contribution rate remains at .88% of eligible wages for all employers. The benefit contribution rates are as follows:

  1. For employers with 25 or more covered individuals, for the family leave contribution, the employer can withhold .18% of eligible wages. As for the medical leave contribution, the employer can withhold .28% of eligible wages and is responsible for paying .42% of eligible wages directly.
  2. For employers with 24 or fewer covered individuals, for the family leave contribution, the employer can withhold .18% of eligible wages. As for the medical leave contribution, the employer can withhold .28% of eligible wages. These smaller employers are not required to pay the employer share for medical leave.

As a reminder, these contribution rates apply equally to employers with private plans, so all employers must review their plans and contribution rates to ensure continued compliance for Jan. 1, 2026. Since the contribution rates have not changed, employers need not notify current employees of the contribution rates (but employers may wish to do so if they have a practice of doing so annually). Employers must continue to provide new hires notice of the contribution rates within 30 days of hire.

Additionally, on Jan. 1, 2026, the maximum weekly benefit will increase from $1,170.64 to $1,230.39.

The Department has not yet released the 2026 posting and notice templates, but they are expected in November 2025. For additional guidance, please contact a Jackson Lewis attorney.

The State of Texas asked the 5th Circuit Court of Appeals earlier this week to reconsider its case challenging the validity of the entire Pregnant Workers Fairness Act (PWFA). Texas filed suit against the federal government shortly after President Biden signed the Consolidated Appropriations Act in December 2022, claiming the PWFA could not be enforced against it because Congress violated the U.S. Constitution when it passed the bill relying on the COVID-19-pandemic-era rule permitting non-present members of Congress to be included in the quorum count and vote by proxy.

On Aug. 15, 2025, a divided panel of the 5th Circuit Court of Appeals held that the PWFA was constitutionally enacted because the Quorum Clause did not require members of Congress to be physically present when they enacted the Consolidated Appropriations Act of 2023, which included the PWFA.  The 5th Circuit’s decision reversed the Northern District of Texas’ Feb. 27, 2024 decision permanently enjoining the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) from enforcing  the PWFA against  the State of Texas and its agencies.

Today, the 5th Circuit stayed further proceedings in this case pending the restoration of appropriations to the Department of Justice.

Jackson Lewis attorneys will continue to monitor these developments. If you have questions about the PWFA or what these developments mean in your workplace, please contact a Jackson Lewis attorney.

Takeaways

  • Connecticut expands paid leave and state FMLA rights to “non-certified school employees” of public schools and nonpublic elementary and secondary schools starting 10.01.25.
  • Employees may be entitled to up to 12 weeks of job-protected leave with additional leave available for some pregnant employees, as well as, wage replacement benefits.
  • Employers should review and revise leave policies and notices to ensure compliance.

Related link

Public and nonpublic elementary and secondary schools must prepare for the upcoming changes to Connecticut Paid Leave (CT Paid Leave) and the Connecticut Family and Medical Leave Act (CT FMLA) taking effect Oct. 1, 2025.

Previously, employees of both public and nonpublic elementary and secondary schools were not eligible for CT Paid Leave or CT FMLA, unless the benefit was granted through a collective bargaining agreement.

Connecticut House Bill 7288 requires both public school and nonpublic elementary and secondary schools to provide “non-certified school employees” access to CT Paid Leave and  CT FMLA. Non-certified school employees are those in positions that do not require a license or certification under chapter 166 of the Connecticut General Statutes, which governs certification requirements for teachers, supervisors, administrators, special service staff members, and school superintendents.

Newly covered employees are eligible under the CT FMLA if they have been employed for at least three months during the previous 12-month period by their employer, and may be entitled to take up to 12 workweeks of job-protected leave for certain family and medical reasons during a 12-month period. Employees with a serious health condition resulting in incapacitation that occurs during a pregnancy may be entitled to take an additional two weeks (for a possible total of up to 14 weeks).

Covered employees also are eligible for CT Paid Leave if they meet certain earnings criteria. Under CT Paid Leave, wage replacement benefits are available to eligible employees who take leave for any of the purposes covered by the CT FMLA. CT Paid Leave is also available to employees who are victims of family violence or sexual assault who take leave from work for covered reasons.

School Employers’ new obligations under the law include:

  • Registering with the Connecticut Paid Leave Authority;
  • Providing required notices to employees; and
  • Implementing appropriate employee payroll withholdings (currently, 0.5% of a covered employee’s wages must be withheld each pay period) for contribution to the program.

School employers should review and revise leave policies to ensure compliance with the new requirements. For questions or assistance, please contact a Jackson Lewis attorney.

Oregon employers should prepare to update their paid sick leave policies to comply with recent amendments. Effective January 1, 2026, blood donation will be added to the list of reasons permitted for taking time off under Oregon’s paid sick leave law. 

Earlier this summer, Oregon Governor Tina Kotek signed Senate Bill 1108 amending Oregon’s paid sick leave law by allowing employees to use their accrued sick time to donate blood through a program approved or accredited by the American Association of Blood Banks or the American Red Cross. State Senator Lew Frederick, the bill’s sponsor, wrote that the goal is to help address the critical blood shortage around the country.

The amendment expands Oregon’s already comprehensive sick leave law, which is one of the most inclusive in the nation.  Under Oregon law, employers with at least ten employees (or at least six in Portland) must have a sick leave policy that allows employees to accrue one hour of sick leave for every 30 hours they work. Employers are permitted to cap this leave at 40 hours per year. 

Employees can use their paid sick leave for many reasons specified under the law including if they are sick or a family member is sick, injured, experiencing mental illness, or need to visit the doctor. SB 1108 adds blood donation to the list of reasons permitted for taking time off. 

This bill, alongside Oregon’s additional newly-passed employment legislation, illustrates the challenges of navigating paid leave requirements.  While there are still several months left before SB 1108 goes into effect, employers should be proactive and begin to plan for this new addition to Oregon’s sick leave law. If you have questions, please contact a Jackson Lewis attorney.