Key Takeaways:  

  • Employers preparing for the January 1, 2026, rollout of Delaware’s Paid Family Medical Leave Insurance Program should review recent amendments to the Healthy Delaware Families Act. Among other things, the amendments prohibit employers from requiring employees to use employer-provided paid time off such as vacation or sick leave before using Paid Family Leave Insurance benefits.   

Delaware enacted House Substitute No. 1 for House Bill No. 128, amending the Healthy Delaware Families Act governing the state’s Paid Family and Medical Leave Insurance Program (PFMLA) on July 30, 2025. These changes, effective immediately, introduce new compliance obligations and clarify several aspects of the law that are particularly relevant for employers preparing for the program’s rollout. 

Restrictions on Mandatory Use of Paid Time Off 

The amendment prohibits employers from requiring employees to use accrued paid time off (PTO) before accessing PFMLA benefits. However, employers and employees may mutually agree to use PTO to supplement paid leave benefits. PTO includes both vacation and sick leave. 

Child Support Garnishment Now Permitted 

Employees filing for paid leave benefits must now disclose any outstanding child support obligations. If eligible for benefits, the Department of Labor is required to notify the appropriate enforcement agency and deduct the amount owed from the employee’s benefit payments.

PFMLA Designated as Primary Payor 

The law now explicitly designates PFMLA benefits as the primary source of income replacement. Employers must coordinate other available benefits, such as disability insurance, with PFMLA payments according to the terms of the applicable policies.

Documentation Relief for Private Plan Employers 

Employers using approved private plans to meet their obligations under the law are no longer required to submit claim documentation to the Department unless the claim is subject to an appeal, complaint, audit, or specific inquiry. This change reduces the administrative burden and streamlines compliance for employers and private plan sponsors. 

Voluntary Coverage Triggers Full Compliance 

Employers with fewer than 25 employees who voluntarily elect to provide coverage under PFMLA are now subject to all provisions of the law. This includes the right of employees to appeal benefit decisions, aligning voluntary coverage with the obligations of larger employers. 

Advisory Committee Established 

The amendment creates a Paid Leave Advisory Committee to support implementation and ongoing administration of the program. The committee includes representatives from both employer and employee groups and will meet monthly through 2028, then quarterly beginning in 2029. Meetings will be open to the public and will address rulemaking, financial matters, and other operational issues. 

Expanded Enforcement Mechanisms 

To strengthen enforcement, the Department may now execute judgments related to unpaid assessments through property levies, bank account garnishments, and wage garnishments. Garnishees must respond within 20 days of receiving notice, and failure to comply may result in penalties equal to the amount that should have been withheld. 

Benefits Protected from Creditor Claims 

PFMLA benefits are now explicitly exempt from creditor claims and cannot be assigned or encumbered, except in cases involving child support garnishment. This provision ensures that benefits remain protected and available for their intended purpose. 

Please reach out to a Jackson Lewis attorney if you have questions about complying with Delaware’s Paid Family and Medical Leave Insurance Program or any leave law around the country.  

Beginning August 1, 2025, Illinois employers with at least 51 employees must provide certain covered employees with up to eight hours of paid leave per month, or up to 40 hours of paid leave per calendar year to perform military funeral honors details.

Funeral honors detail is an honor guard detail consisting of at least two members of the U.S. Armed Forces, one of whom is from the deceased veteran’s service branch, with the remainder consisting of members of the armed forces or members of an authorized provider who perform a funeral ceremony including the folding and presentation of a U.S. flag to the veteran’s family and the playing of “Taps.”

Covered employees are those who have been employed for at least 12 months and performed at least 1,250 hours of service during the 12-month period immediately preceding the start of leave.

Covered employees qualify for paid funeral honors detail leave if they (1) are trained to perform in a funeral honors detail, and (2) are either a retired or active member of the U.S. Armed Forces (including reservists and the Illinois National Guard) or an authorized provider (e.g., a member of a veterans services organization or honor guards).

Employees taking funeral honors detail leave must be paid their regular rate of pay, and need not exhaust vacation leave, personal leave, sick leave, or any other available leave that may be granted to the employee before taking paid funeral honors detail leave.

An employee taking funeral honors detail leave needs only provide reasonable notice, as is practical, though an employer may request confirmation from the relevant veterans services organization or any official notice provided to the employee as proof of participation in the detail.

Certain employers, including independent living facilities, assisted living facilities, nursing home facilities, or other similar congregate care facilities, or facilities providing 24/7 care, may deny leave requests if granting leave would reduce staffing levels to below the established minimum or impair safe and efficient operations.

Covered employers should immediately update their leave policy for compliance with this new requirement. For questions or assistance, please contact a Jackson Lewis attorney.

Effective August 1, 2025, Puerto Rico’s new Lactation/Breastfeeding Code significantly expands workplace protections for nursing employees. The law guarantees paid lactation breaks, requires dedicated spaces, and imposes penalties for noncompliance.

In a new article, Sara Colón-Acevedo, Karina Rodríguez, and Tatiana Leal-González break down what employers need to know to ensure compliance and avoid penalties. Read the full analysis here.

Key Highlights:

  • Montana passed HB 667 amending the state’s law requiring employers to provide unpaid leave, not to exceed 180 days per year, for employees holding public office.

Related Link to HB 667:

Bill Text: MT HB667 | 2025 | Regular Session | Enrolled | LegiScan

Article:

On May 19, 2025, Montana passed HB 667 amending Montana’s law requiring leave for employees holding public office.  HB 667 became effective upon passage and applies retroactively to January 1, 2025.

Montana law (M.C.A. § 39-2-104) requires that employers of employees elected or appointed to public office provide those employees with up to 180 days of leave per year for public service. Employers with ten or more employees must restore the public office holder to their position including the same “seniority, status, compensation, hours, locality, and benefits,” that they maintained prior to their leave of absence. An employee on leave must make arrangements to return to work within 10 days following the completion of their service, unless the employee is unable to do so because of illness or disabling injury as confirmed by a physician.

HB 667 made several important amendments to the law:

  • Employers may not prohibit or restrict employees from seeking election or appointment to a public office or discriminate or retaliate against any employee for seeking election or appointment.
  • Employers must continue health care benefits during the leave.
  • While the employee is on leave for public service, the employer cannot require the employee to use other leave or benefits without the employee’s consent
  • Employers cannot require an employee to perform work while on leave.
  • Employers may not prohibit an employee on leave from using an employer provided phone, computer, or phone number, if the employer otherwise permits the personal use of such items.

If you have any questions regarding Montana’s leave laws, please contact the Jackson Lewis attorney with whom you regularly work. As always, to stay up to date on state and local leave laws, employers can subscribe to LeaveSuite Via JL.

Rhode Island is the first state to expressly require employers to provide workplace accommodations for job applicants and employees who are experiencing menopause and menopause-related medical conditions. This requirement went into effect immediately upon the Governor’s signature on June 24, 2025.

The new protections for menopause-related conditions were passed as an amendment to the law that requires employers to provide accommodations for pregnancy-related conditions.

Rhode Island employers are required to engage in a timely, good-faith, interactive process to identify reasonable accommodations for employees who are experiencing menopause symptoms or related medical conditions. However, employers do not have to provide the requested accommodation if they can demonstrate that it would pose an undue hardship on their business.

The law includes a list of possible accommodations that an employer might be required to provide for an employee experiencing a pregnancy-related condition, including accommodations specifically related to pregnancy (e.g., “break time and private non-bathroom space for expressing breast milk”). However, the amendment did not add any new possible accommodations or otherwise identify accommodations specific to menopause. The law specifically mentions one menopause-related condition, “the need to manage the effects of vasomotor symptoms,” commonly known as hot flushes/flashes or night sweats.

The law also requires employers to post a notice in the workplace and provide notice to their employees.. Employers were already required to give this notice informing the employee of their right to be free from discrimination for their pregnancy or childbirth related condition, but that notice must now be updated to include menopause. Notice must be given to new employees on their first day and to any employee who notifies the employer of the employee’s pregnancy or menopause, within ten days of the employer being notified.

Rhode Island employers should review their policies and adapt their accommodation practices to the new requirements. As always, Jackson Lewis is here to help. Please reach out to a Jackson Lewis attorney if you have any questions about how this amendment impacts how you do business.

On June 10, 2025, the City of Pittsburgh enacted amendments to its Paid Sick Days Act (PSDA), which will take effect on January 1, 2026. Since March 2020, Pittsburgh has required employers with 15 or more employees to provide at least 40 hours of paid sick leave per year, while employers with fewer than 15 employees have been required to provide 24 hours per year.

Effective January 1, 2026, those minimum requirements will increase significantly. Employers with 15 or more employees will be required to provide at least 72 hours of paid sick leave per year, while employers with fewer than 15 employees must provide 48 hours per year.

The amendment also accelerates the rate at which employees accrue paid sick leave. Starting in 2026, employees working within Pittsburgh city limits—regardless of employer size—must accrue a minimum of one hour of paid sick leave for every 30 hours worked, compared to the current rate of one hour per 35 hours worked.

These updates mark a substantial expansion of employee benefits under the PSDA. Employers should review and revise their sick leave policies to ensure compliance with the new requirements. For questions or assistance, please contact your Jackson Lewis attorney.

Takeaways:

  • Minnesota’s Earned Sick and Safe Time law (ESST) saw a few significant amendments during the special legislative session.
  • The main changes impact when employers can require documentation and notice for unforeseeable absences taken for a covered ESST reason.
  • The amendments also clarify that employees may voluntarily trade shifts to cover ESST absences and that employers may advance ESST hours to employees.

On June 14th, Minnesota Governor Tim Walz signed into law, S.F. No. 17, which once again included amendments to Minnesota’s Earned Sick and Safe Time (ESST) law that went into effect in January 2024.

Requesting Documentation for Employee ESST Absences

Under the new amendments, when an employee uses ESST for an absence of 2 or more consecutive scheduled work days, an employer may require reasonable documentation that the absence was taken for a covered reason. Previously, an employer could require reasonable documentation only for an absence of 3 or more consecutive scheduled work days.

Requiring Notice for an Unforeseeable ESST Covered Absence

Further, the amendments provide if an employee takes ESST due to an unforeseeable need, an employer may require an employee to give notice of the need to use ESST as reasonably required by the employer. Prior to the recent amendment, an employer could require notice for an unforeseeable ESST absence as soon as practicable.

Clarifications in the ESST Law

Additionally, the amendments clarify that an employee is permitted to voluntarily seek a replacement worker to cover their ESST absences, and that employers may advance ESST to an employee based on the employee’s anticipated hours of work.

Seeking Replacement Workers for ESST Absences

The ESST law has always prohibited an employer from requiring employees, as a condition of using ESST, to seek or find a replacement worker to cover the hours of their absence. However, the recent amendment clarifies that an employee may choose to do so, provided they are voluntarily doing so.

Advancing ESST to Employees

The ESST law permits an employer to advance ESST to an employee before they have accrued the time. Newly added language to Minn. Stat. § 181.9448, subd. 1(j), expressly states, “an employer is permitted to advance earned sick and safe time to an employee based on the number of hours the employee is anticipated to work for the remaining portion of an accrual year. If the advanced amount is less than the amount the employee would have accrued based on the actual hours worked, the employer must provide additional earned sick and safe time to make up the difference.”

Steps to Take

Minnesota employers should understand their obligations and update their policies to reflect the recent changes. If you have any questions related to compliance with Minnesota’s Earned Sick and Safe Time law, please contact the Jackson Lewis attorney with whom you regularly work.

Effective Jan. 1, 2026, Granite State employers with at least 20 employees must provide employees with up to 25 hours of unpaid leave to attend medical appointments associated with childbirth, postpartum care, and their infant’s medical appointments within the first year of the child’s birth or adoption.

This new leave obligation appears in a broader piece of legislation, HB 2, an act “relative to state fees, funds, revenues, and expenditures,” which was signed into law on June 27, 2025.

Subject to the 25-hour limit, covered employers may not deny employees’ leave requests to attend their “own medical appointments for childbirth, postpartum care, or the employee’s child’s pediatric medical appointments within the first year of the child’s birth or adoption.” The law allows an employee to substitute any accrued vacation time or other appropriate paid leave for unpaid childbirth-related leave.

Employees must provide reasonable notice to the employer prior to the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the employer’s operations.

Covered employers may ask the employee for documentation to ensure leave is used for a covered purpose. The law, however, does not indicate what type of documentation is sufficient to verify the use of the leave.

Upon return from a covered appointment, the employer must return the employee to the employee’s original job. The law does not address any minimum or maximum increments for use of the leave.

If the parents of a child are employees of the same employer, they collectively may take a total of 25 hours of childbirth-related leave in their child’s first year.

The new law will appear as NH RSA 275:37-f (“Leave of Absence to Attend Medical Appointments for Childbirth, Postpartum Care, and Infant Pediatric Medical Appointments”).

Covered employers should ensure their leave policies comply with this new law. If you have questions, please contact a Jackson Lewis attorney.

On May 27, 2025, Philadelphia enacted the Protect Our Workers, Enforce Rights Act (“POWER Act”), amending Title 9 of The Philadelphia Code as it pertains to the following sections: “Promoting Healthy Families and Workplaces,” “Wage Theft Complaints,” “Protections for Domestic Workers,” “Protecting Victims of Retaliation,” and “Enforcement of Worker Protection Ordinances.”

Amendments to Chapter 9-4100 Promoting Healthy Families and Workplaces

The definition of who may file a wage theft complaint has been broadened. Now, any “employee” (including independent contractors misclassified as such) who performs work in Philadelphia is explicitly authorized to file a complaint for unpaid wages, regardless of immigration status. Additionally, the Office of Worker Protections (OWP), as opposed to just the offices the Mayor designates, may now initiate investigations based on information, even if a formal complaint has not yet been filed—allowing the City to proactively enforce the law in high-risk industries.

The POWER Act also changes the calculation for Paid Sick Time (PSL) for tipped employees (i.e., employees who customarily and regularly receive more than fifty dollars ($50) a month in tips from the same employment). Paid sick time means time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns from the employee’s employment at the time the employee uses the paid sick time and is provided by an employer to an employee. Under the Act’s new calculation method for tipped employees, the hourly rate of pay shall be the numerical average of the hourly wage for “Bartenders,” Waiters & Waitresses,” and “Dining Room & Cafeteria Attendants & Bartender Helpers,” as published by the Pennsylvania Department of Labor and Industry.

Amendments to Chapter 9-4300 Wage Theft Complaints

The original chapter—enacted in 2020—established protections for domestic workers, including mandatory contracts, rest breaks, and anti-retaliation provisions. The POWER Act strengthens those rights by incorporating them into the city’s broader labor enforcement framework. As with the amendments to the wage theft portions of the law, the Act empowers the OWP to actively investigate complaints and impose penalties against employers who violate domestic workers’ rights.

Amendments to Chapter 9-4500 Protections for Domestic Workers

The OWP also aligns domestic workers’ sick leave rights with the city’s paid sick leave (“PSL”) ordinance, ensuring they now accrue and use paid time off, with a centralized portable benefits system to be developed, regardless of how many employers they work for. The Act further clarifies that live-in domestic workers are fully entitled to these PSL benefits, including protections against retaliation, wage theft, and coercion. Finally, employers must provide written contracts outlining leave time.

Enhanced Anti-Retaliation Provisions

The POWER Act reinforces protections against retaliation for workers who assert their rights under Title 9. Additionally, the Act prohibits employers from retaliating against employees for exercising their rights to use sick time and specifies that employers may not consider paid sick leave covered absences as part of any absence control or disciplinary action.  It also places a rebuttable presumption of unlawful retaliation on any employer in certain circumstances.

Notice & Retention of Employer Records Obligations:

Employers are required to provide a written notice of rights to employees, including leave entitlements. Employers must also create and maintain contemporaneous records for a period of three years regarding the hours worked by an employee, including dates, and hours of sick time taken by an employee and payments made to an employee for the sick time.

Penalties:

If the OWP determines that an employer has violated the Act, the agency can seek civil penalties.  The OWP also provides for the recovery of liquidated damages and other consequences for repeated violations.

Employers are reminded to review their policies for compliance with these latest legislative updates. Please contact a Jackson Lewis attorney if you have any questions about these developments or how they impact your current policies and practices.

On May 19, 2025, Iowa Governor Kim Reynolds signed House File 248, which requires employers to treat adoptive parents the same as biological parents under certain circumstances.  Specifically, if an employee adopts a child up to six years of age, an employer must treat the employee “in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits, and protections for the first year of the adoption.”

The law defines adoption as the “permanent placement in this state of a child by the Department of Health and Human Services, by a licensed agency under chapter 238 [child-placing agencies], by an agency that meets the provisions of the interstate compact in section 232.158, or by a person making an independent placement according to the provisions of chapter 600.”

The law does not require employers to provide disability leave to an employee without a qualifying disability under an employer’s disability policies.  However, Iowa employers should review any policies or benefits geared toward new parents to ensure compliance with the law.

The law will take effect on July 1, 2025, as Iowa Code § 91A.5B and it will be enforced by the Iowa Department of Inspections Appeals and Licensing.