Cook County employers aren’t wrong if they’re feeling its “déjà vu all over again” when it comes to needing to review their paid leave policies. Recently approved amendments to the Final Interpretive and Procedural Rules governing the Cook County Paid Leave Ordinance add new requirements to most employers with employees working in Cook County (outside of Chicago) and are effective immediately. Notable changes to the rules include:

  1. Paid leave accrues during paid leave
  2. Employers must maintain and distribute a written paid leave policy
  3. Remote workers must receive notice of rights
  4. Paid leave calculations are clarified for employees with work for various rates
  5. FMLA regulations supersede ordinance rules

Our article, Illinois’ Cook County Amends Paid Leave Rules: It’s Time for Employer Policy Review, provides more detail to help employers comply with the amended rules.

Minnesota’s Paid Leave Division recently published final proposed rules (“Proposed Rules”) that, if adopted, will regulate the state’s Paid Leave Law. The Paid Leave Law establishes a benefit insurance program for paid family and medical leave for covered Minnesota employees and takes effect on January 1, 2026. The Proposed Rules reflect input from businesses, healthcare providers, and Minnesota workers. The public can submit comments on the final proposed rules until January 3, 2025. In tandem with the publication of the Proposed Rules the Paid Leave Division updated its website with important next steps for employers to follow, along with answers to the most frequent questions asked regarding Paid Leave.

Final Proposed Rules Fill Gaps in Minnesota’s Paid Leave Statute

Insight on interpretation. The Proposed Rules provide critical guidance on how the Paid Leave Division—the agency authorized to administer the Paid Leave Law—will interpret the statute. For example, the Proposed Rules explain how the Paid Leave Division will determine whether an employee is considered a “seasonal employee” and therefore not covered by the Paid Leave program. (Rule 3317.3000). The Proposed Rules emphasize that self-employed individuals and independent contractors must establish an online account through the Paid Leave Division (Rule 3317.4000, subpart 1). The Proposed Rules also outline how to calculate benefits for a covered individual taking intermittent leave (3317.4700).

Additional requirements. The Proposed Rules impose additional requirements on individuals and key stakeholders to receive benefits. For example, a covered individual must report to the commissioner any additional income received during leave covered by the Paid Leave Law (Rule 3317.4600, subpart 2). The Proposed Rules also create a roadmap for how a covered individual must (1) request an extension of their covered leave; (2) request a change to their intermittent leave schedule; (3) request to switch from intermittent to continuous leave; and (4) request to switch from continuous to intermittent leave (3317.4600, subpart 4-7).

The Proposed Rules impose certain qualifications that a professional must meet in order to certify an employee’s need for leave under the Paid Leave Law for safety reasons (“Safety Leave”). (3317.8000). The Proposed Rules require the professional who certified an applicant’s need for Safety Leave to maintain documentation verifying their credentials for certification and must be able to provide such documentation to the commissioner upon request. 

If an employee requests covered leave under the Paid Leave Law to care for a family member with a serious health condition, the Proposed Rules specify the information that employees must provide. (Rule 3317.6000) Notably, the Proposed Rules provide that when more than one applicant seeks leave to provide care for the same family member with a serious health condition, all applicants’ certifications must be completed by the same health care provider.

Private plans. With respect to employers opting to use a private plan administrator, the Paid Leave Division has not issued guidance on how it will process applications for private plans and has stated it is working with the Minnesota Department of Commerce to determine an approval process. The Proposed Rules explain that beginning in 2027, self-insured employers and private plan insurers must submit annual reports to the commissioner containing specific information outlined in the Rules, including total eligible claims, the percentage of and reasons for claims denied in the fiscal year, processing times for initial claims processing and final decisions, and the average weekly benefit amount paid for all claims by benefit category. (Rule 3317.5000). Employers will remain liable for premiums until a self-insured or private plan is approved and effective. (Rule 3317.5000, subpart 5). The Proposed Rules require employers opting for private plans to give employees notice of coverage under the private plan that meets requirements set out in the Rules. (Rule 3317.5100).

The Paid Leave Division Updates Frequently Asked Questions Guide to Complying with the Law

The Paid Leave Division updated its FAQ Guide for employers. The updated FAQ Guide explains that covered employers must report all wages paid to employees through online wage detail reports due to Minnesota’s Unemployment Insurance (“UI”) or Paid Leave Division each quarter. Because the Paid Leave Division will use the existing UI system to collect the quarterly wage detail reports, employers whose employees are covered by UI will not need to take any new action. Employers with employees who are not covered by the UI program will need to set up a Paid Leave Only account.  The FAQ Guide explains that the Paid Leave law is distinct from the UI program, and some employers who are not required to participate in the UI program, like religious organizations, non-profits, and agricultural employers, are likely required to participate in the Paid Leave program.

The updated FAQ Guide specifies that wages include all compensation including commissions, bonuses, benefits payments, tips and gratuities, and goods and services. If a corporation is an S corporation for tax purposes, then the corporate’s “wage-taking shareholders are considered employees” so the shareholders’ wages must be reported on the wage detail reports. The updated FAQ Guide states that the first premium payments will be due to the State of Minnesota’s Department of Employment and Economic Development by April 30, 2026. The premium rate will be set on an annual basis and will not change based on the level of employees’ utilization of the program. Premiums will be capped at the Old-Age, Survivors, and Disability Insurance (OASDI) limit, which reflects the wage base used by Social Security.

If you have questions about Minnesota’s statewide mandatory leave laws, local leave laws, or mandatory employee leave laws throughout the country, please reach out to a Jackson Lewis attorney.

On December 4, 2024, the Maine Department of Labor (DOL) adopted finalized rules for the Maine Paid Family and Medical Leave Program (PFML). This rulemaking follows the Maine Legislature’s passage of the new law in 2023. Employer contributions and employee pay deductions to fund these benefits begin on Jan. 1, 2025.  Employees can begin receiving paid leave benefits effective May 1, 2026.

The finalized rules offer comprehensive details on the implementation and enforcement of Maine’s PFML program by the Department of Labor. While these rules carry few surprises and are largely consistent with the revised proposed rules discussed in previous blogs, there are several key differences highlighted below that employers should note:

Good Cause Definition: A “good cause” standard is now included within the definitions section of the rule. This will clarify circumstances which allow employees with “good cause” additional time to apply for benefits or request an appeal of a determination. The finalized rules define “good cause” as any serious health condition or any physical, intellectual, or linguistic limitation that prevents filing.

Waiting Period Adjustment: The final rules added a seven-day waiting period. Employees will receive benefits following the first seven calendar days of leave.

Notice and Undue Hardship: Employers can still determine undue hardship even if an employee provides reasonable notice of 30 days. An employer’s determination of undue hardship will not be considered reasonable unless the following are established: (1) the employer provided a written explanation of the undue hardship to the employee; (2) the employee retains the ability to take leave within a reasonable time frame relative to the proposed schedule; and (3) the employer has made a good faith attempt to work out a schedule for such leave that meets the employee’s needs without unduly disrupting the employer’s operations, subject to the approval of the employee’s health care provider.

Benefit Calculation Update: The calculation of the average weekly wage is now determined by dividing the applicant’s reported wages in their base period by fifty-two.

Private Plan Substitution: Employers can substitute a similar private plan for the state plan starting April 1, 2025.

With payroll contributions beginning on January 1, 2025, it is crucial for employers to fully understand their new responsibilities under the law. These final regulations represent a significant step in providing employers clarity as to their compliance obligations. Please contact a Jackson Lewis attorney with any questions.

Maine’s PFML program and other state and local leave laws are included in our leave law map database that provides subscribers with a detailed explanation of state and local leave laws around the country. The Leave and Accommodation Suite is developed and updated continually by our Disability, Leave & Health Management attorneys. Register here if you would like to learn about our Leave & Accommodation Suite.

Beginning Jan. 1, 2025, all private-sector employers in New York must provide eligible employees 20 hours of paid prenatal leave. The New York State Department of Labor released FAQs providing employers with guidance on the new law. According to the FAQs, paid prenatal leave is a separate entitlement from any other leave policies. As you prepare your policies in advance of the Jan. 1 effective date, you can read more about the important considerations included in the FAQs here: NYS Paid Prenatal Leave: Employers Must Manage a New Entitlement in the New Year – Jackson Lewis.

The Washington Employment Security Department has announced the Paid Family and Medical Leave 2025 premium rates and weekly benefit maximums.

Beginning on January 1, 2025, the Washington Paid Family and Medical Leave Program’s total premium rate will increase to 0.92% from 0.74%. This rate is recalculated annually in October, based on contributions from premiums and benefits paid during the previous year.

Employers must report each Washington employee’s total gross wages, not including tips. Premiums must be collected up to the Social Security cap, which will increase to $176,100 in 2025, to the Washington Employment Security Department. Once an employee meets the Social Security cap, employers must stop collecting premiums, but they must continue to report employee wages.

Employers with 50 or more employees will pay at least 28.48% of the total premium, which will require employees to pay 71.52% of the premium. Employers with fewer than 50 employees are not required to pay the employer portion of the total premium but must collect the employee portion of the premium or pay it on their behalf. Employers with approved voluntary plans under this law should consult with employment counsel about possible modifications to the voluntary plans.

Additionally, the maximum weekly benefit will be capped at $1,542.00 per week in 2025.

Employers should notify employees that they will begin collecting the new rate on January 1, 2025. An updated employer toolkit, mandatory poster and paycheck insert are available in the Washington Employment Security Department’s Paid Leave Help Center.

For more information about Washington’s Paid Family and Medical Leave program, or other paid leave laws and programs that may affect your organization, please contact a Jackson Lewis attorney.

The Maryland Department of Labor recently published proposed regulations to implement the state’s paid family and medical leave insurance program. Although they are not final yet, the proposed regulations provide important information for employers as they prepare for the new mandatory program. Payroll deductions will start July 1, 2025, and benefits will be available beginning July 1, 2026. We offer an in-depth look at the proposed regulations in our article, Maryland’s Impending FAMLI Program: What Employers Need to Know Now.

Alaska voters approved Ballot Measure 1 (according to unofficial election results) which provides for paid sick leave for all employees in Alaska. (The measure also raises the minimum wage over the next several years and imposes restrictions on employer-sponsored meetings about religious or political matters.) This new paid sick leave requirement becomes effective July 1, 2025.

Who is Eligible for Paid Sick Leave?

The new law applies to all employers and employees in Alaska. There are limited exceptions for apprentices, employees in work therapy programs, prison inmates, employees subject to the federal Railroad Unemployment Insurance Act, and other narrow exceptions.

Accrual and Carryover

All employees are entitled to accrue a minimum of one hour of paid sick leave for every 30 hours worked up to a cap. Employers with 15 or more employees may cap accrual and usage at 56 hours of paid sick leave per year. Employers with fewer than 15 employees may cap accrual and usage at 40 hours of paid sick leave per year. Employers may set higher accrual rates, accrual limits, and use limits. Exempt employees are assumed to work 40 hours per workweek for accrual purposes unless their normal work week is fewer than 40 hours.

Employees begin to accrue paid sick leave on July 1, 2025 or at the commencement of employment, whichever is later.

Paid sick leave carries over to the following year, but does not affect the amount of leave an employee may use in any given year.

Use of Paid Sick Leave

Employees may use paid sick leave as it is accrued. It may be used for the following:

  • An employee’s mental or physical illness, including diagnosis, care, treatment, and preventative medical care;
  • Care or assistance to an employee’s family member for the same reasons (“family member” means an immediate family member under AS 39.42.960(11), domestic partner, foster child, legal ward, person to whom an employee stands in loco parentis, foster parent, adoptive parent, legal guardian, person who stood in loco parentis when the employee was a minor child, or any other individual related by blood or whose close association is the equivalent of a family relationship); or
  • Absences due to domestic violence, sexual assault, or stalking to allow the employee or a family member to obtain medical or psychological attention, services from a victim’s aid organization, relocation or steps to secure an existing home, legal services, or participation in any investigation or civil or criminal proceeding.

Employees are required to give employers notice if the need for paid sick leave is foreseeable and must schedule foreseeable leave in a manner that does not unduly disrupt the employer’s operations.

For paid sick leave use of more than three consecutive workdays, an employer may require reasonable documentation that the paid sick leave was used for a covered reason.

Paid sick leave may be used in the smaller of hourly increments or the smallest increment the employer’s payroll system uses to account for other absences or use of other time.

Employers are not required to pay employees on termination for accrued, unused paid sick leave.

Employers may not retaliate against employees for using paid sick leave, interfere with employees’ use of paid sick leave, require employees to find replacement workers to cover the time the employee uses paid sick leave, or use an absence-control policy that counts paid sick leave in a way that can lead to any adverse action.

Employer Posting Requirements and Policies

Employers are required to give employees written notice of their entitlement to paid sick leave, the amount of paid sick leave they accrue, and the prohibition against retaliation. This notice must be given at the commencement of employment or within 30 days of the new law’s effective date of July 1, 2025.

Employers may adopt policies that provide more generous accrual rates, accrual caps, use caps, and other terms, provided those policies comply with the statute.

As we have seen in other states with similar requirements, some Alaska employers may consider implementing separate paid sick leave and vacation policies and carefully evaluate existing PTO (Paid Time Off) policies. Employers should consult with counsel to ensure they understand the new law’s requirements and are prepared to comply by next summer.

Alaska’s new paid sick leave law and paid sick leave ballot measures voters approved in Nebraska and Missouri are included in our leave law map database that provides subscribers with a detailed explanation of state and local leave laws around the country. The Leave and Accommodation Suite is developed and updated continually by our Disability, Leave & Health Management attorneys. Register here if you would like to learn about our Leave & Accommodation Suite.

The DOL Wage and Hour Division’s recently issued opinion letter clarifies the scope of permitted uses of Family Medical Leave Act leave. Specifically, it affirms that eligible employees may use FMLA leave for medical interventions provided as part of clinical trials, regardless of whether the treatment is experimental or involves placebos. Highlights from the DOL’s opinion letter address the following areas: FMLA requirements employees must meet; caring for a family member participating in a clinical trial; a broad definition of “treatment”; optional, voluntary or elective treatments; and limitations around employer inquiries and certification. We offer more details in our expanded piece, Granting FMLA Leave for Clinical Trials: Five Key Points from the DOL’s New Guidance for Employers.

Missouri voters approved Proposition A, enacting a new state-wide paid sick leave law beginning on May 1, 2025, barring any legal challenges or issues with certification of the official results by Dec. 10, 2024.

Who is Eligible for Paid Sick Time?

The new law applies to all private employers in Missouri. However, certain employees are excluded from coverage, including those engaged in educational, charitable, religious, or nonprofit activities; persons standing in loco parentis to foster children in their care; employees in retail or service businesses with annual gross sales below $500,000; and incarcerated criminal offenders.

Accrual, Frontloading, Carryover

Beginning May 1, 2025, eligible employees will accrue a minimum of one hour of paid sick leave for every 30 hours worked. Employers with at least 15 employees may limit employees to using 56 hours of paid sick time each year. All other employers may limit employees to using 40 hours of paid sick time annually.

Employers may provide paid sick time as it is accrued or frontload all the earned paid sick time that an employee is expected to accrue in a year at the beginning of the year.

At the end of a year, generally, employers must allow employees to carry up to 80 hours of unused earned paid sick time to the next year. Employers who chose the carryover option may still limit an employee to using no more than the applicable annual use cap. Alternatively, the employer may pay an employee for unused earned paid sick time but employers who chose to pay out instead of carry-over employees’ unused accrued paid sick leave must provide the employee with an amount of paid sick time that meets or exceeds the requirements of the statute for immediate use at the beginning of the year.

Use of Paid Sick Time

Earned paid sick time may be used for:

  • An employee’s mental or physical illness, injury, or health condition, including diagnosis, treatment, and preventive medical care;
  • Care of a family member with a mental or physical illness, injury, or health condition, including diagnosis, treatment, and preventive medical care;
  • Closure of the employee’s place of business due to a public health emergency, or to care for a child whose school or place of care has been closed for the same, or to care for oneself or family member in the event of exposure to a communicable disease; or
  • Necessary absence due to domestic violence, sexual assault, or stalking, provided the leave is to allow the employee or employee’s family member to obtain medical attention, victim services, psychological or other counseling, relocation, or legal services.

Notice and Documentation

Written notice about the new paid sick leave law must be given to employees within 14 calendar days of the commencement of employment or on April 15, 2025, whichever is later. The Missouri Department of Labor and Industrial Relations is expected to publish a model notice and poster.

Earned paid sick leave should be provided upon an employee’s request made orally, in writing, by electronic means, or otherwise acceptable to the employer with the expected duration of the absence, if possible.

Among other things, employers can require employees:

  • To make a good-faith effort to provide reasonable notice of foreseeable use and schedule time that does not unduly disrupt employer operations; and
  • To provide notice as soon as practicable for unforeseeable use.

For use of earned paid sick time of at least three consecutive workdays, an employer may require “reasonable documentation” to confirm the need for the time. A written statement from the employee affirming the employee is taking leave for a qualifying purpose may be sufficient. Employers may not require the documentation explain the nature of any illness, details of underlying health needs, or details of domestic violence, sexual assault, or stalking, unless otherwise required by law.

Employers may not require the employee to find a replacement worker to cover the hours during which they will be absent.

Earned paid sick time may be used in the smallest increment the employer’s payroll system uses to account for absences or use of other time.

Record Retention

Employers must retain records documenting the hours worked by employees and earned paid sick time taken for at least three years. The Missouri Department of Labor and Industrial Relations may access those records to monitor legal compliance.

Unless as otherwise required by law, any health or safety information an employer receives concerning an employee or employee’s family member must be treated as confidential medical records.

Employer Policies

The new law promulgated by the passage of Proposition A provides minimum requirements for earned paid sick time. Employers with existing paid leave policies that provide sufficient leave that meets the minimum requirements of the law are not required to provide employees with additional paid time off. However, all employers – even those with existing generous paid leave policies- should carefully evaluate all requirements including the law’s notice, documentation and carryover/payout requirements.

Employers are encouraged to consult counsel to ensure they understand and comply with all new requirements.

Missouri’s new paid sick leave law and paid sick leave ballot measures voters approved in Alaska and Nebraska are included in our leave law map database that provides subscribers with a detailed explanation of state and local leave laws around the country. The Leave and Accommodation Suite is developed and updated continually by our Disability, Leave & Health Management attorneys. Register here if you would like to learn about our Leave & Accommodation Suite.

Nebraska voters overwhelmingly approved Initiative 436, which adopts the Nebraska Healthy Families and Workplaces Act. The Act requires private employers to provide paid sick time to all employees regardless of the size of the employer beginning on Oct. 1, 2025.

Who is Eligible for Paid Sick Time?

The new law applies to all employees who work in Nebraska for at least 80 hours in a calendar year. The only exceptions are for employees who are subject to the federal Railroad Unemployment Insurance Act, and those employed by federal or state government, state agencies, state departments and political subdivisions. 

Accrual, Frontloading and Carryover

Under the Act, employees are entitled to a minimum of 1 hour of paid sick leave for every 30 hours worked, up to a cap. Employers with at least 20 employees must provide up to 56 hours of paid sick time per year. Employers with between 1 and 19 employees (including full-time, part-time, and temporary employees) must provide up to 40 hours of paid sick time per year.

Employers can either provide paid sick time on an accrual basis or they can frontload the employee’s anticipated annual paid sick time accrual at the beginning of the year. Generally, accrued paid sick time will carry over from year to year. There is an option to pay out all unused paid sick time at the end of the year, but employers who chose to pay out instead of carry-over employees’ unused accrued paid sick leave must provide an employee with the amount of paid sick leave that meets or exceeds the requirements of the statute for immediate use at the beginning of the year.  

Use of Paid Sick Time

Accrued paid sick time may be used for: 

  • An employee’s mental or physical illness, injury, or health condition, including diagnosis, treatment and preventive care; 
  • Care of a family member with a mental or physical illness, injury or health condition, including diagnosis, treatment and preventive care. In the case of a child, paid sick time may also be used to attend a meeting necessitated by the child’s mental or physical illness, injury, or health condition, at a school or place where the child is receiving care; or 
  • In certain circumstances, public health emergencies or an employee’s or employee’s family member’s exposure to a communicable disease.

Notice and Documentation

The Act imposes restrictions on the notice, documentation, and information an employer can require from employees:

  • Employees can orally request to use paid sick time.
  • Employers may adopt reasonable procedures for employees to provide notice of the need to use paid sick time. However, the notice procedure must be in writing and provided to employees. 
  • Employers cannot require employees to search for or find a replacement to cover their sick leave hours. 
  • Employers can only require “reasonable documentation” to confirm the need for paid sick time if an employee misses more than three consecutive workdays. To the extent an employee or family member did not visit a healthcare provider during that time, the employee is specifically permitted by the Act to provide their own written statement that the leave was taken for a qualifying reason.
  • Employers cannot require employees to disclose details of the employee’s or the employee’s family member’s health information. 

Notice of employee rights under the Act must be provided to employees and posted no later than Sept. 15, 2025, and thereafter at the commencement of employment. The Nebraska Department of Labor will publish model notices and posters for employers.

Employer Policies

Employers may be able to use existing paid leave policies to comply with the Act, but still must follow the Act’s notice, documentation, and anti-retaliation provisions. It is unlikely that currently existing policies providing for a greater amount of paid sick time or general paid time off (PTO) will meet all those requirements without some revisions. As we have seen in other states with similar (or less onerous) requirements, some employers in Nebraska may choose to implement separate sick and vacation policies, if they don’t have them already, and carefully evaluate any unlimited PTO policies. The impact of Nebraska law requiring payout of unused PTO at termination should also be considered.

Employers should be on the lookout for more guidance from the state enforcement agency regarding how the law will be interpreted, including but not limited to the impact on employees who regularly work outside the state but occasionally perform work within the state.

Employers should consult with counsel to ensure they understand the Act’s requirements and are prepared to comply by next fall. 

Nebraska’s new paid sick leave law and paid sick leave ballot measures voters approved in Alaska and Missouri are included in our leave law map database that provides subscribers with a detailed explanation of state and local leave laws around the country. The Leave and Accommodation Suite is developed and updated continually by our Disability, Leave & Health Management attorneys. Register here if you would like to learn about our Leave & Accommodation Suite.