New Hampshire and Rhode Island Update Paid Family Medical Leave Programs. New York Expands Retaliation Legislation

By: HUB's Absence Management Team

We have had updates from several states and municipalities including information on the expansion of retaliation protections in New York, the expansion of Temporary Caregiver Insurance (TCI) benefits in Rhode Island, and updates on New Hampshire Paid Family and Medical Leave (NH PFML).

New York Retaliation Protections

On November 21, 2022, Governor Kathy Hochul signed Assembly Bill A8092B into law. This bill expands retaliation protections under New York Labor Law 215 to prohibit retaliation against an employee who take a “legally protected absence pursuant to federal, local, or state law.” The law does not provide specifics on what constitutes a legally protected absence, but absences under laws such as New York Paid Family Leave, New York Paid Sick Leave, New York Paid COVID-19 Leave, New York Paid Vaccination, and other New York specific leaves are included, along with leave under the federal FMLA. Additional leaves such as worker’s compensation, disability, and leave as an accommodation under the ADA, could also be included.

The amendment also expands the definition of “threaten, penalize, or in any other manner discriminate or retaliate against any employee,” to include “assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action, which may include but not be limited to failure to receive a promotion or loss of pay.”

This law will go into effect on February 19, 2023.

Rhode Island Temporary Caregiver Insurance (TCI)

Rhode Island TCI provides wage replacement for employees in Rhode Island who take time off work to care for seriously ill child, spouse, domestic partner, parent, parent-in-law, or grandparent, or to bond with a newborn child, new adopted child, or new foster-care child.

Beginning January 1, 2023, the maximum amount of leave that an eligible employee can take in a 52-week period will change from five (5) weeks to six (6) weeks. According to the current law, this will be the last and final increase to the number of weeks employees can take of TCI.

New Hampshire Paid Family and Medical Leave (NH PFML)

This is an update providing additional information about New Hampshire Paid Family and Medical Leave (NH PFML). For a full overview of the program, please visit the state website.

New Hampshire Granite State Paid Family Leave Law (NH PFML) is a voluntary benefit that will pay employees an employee’s regular wages up to the social security wage cap for six (6) or twelve (12) weeks for their own serious health condition, a family member’s serious health condition, a qualifying exigency related to a family member’s active military duty or to care for a family member who is seriously ill or injured during active military duty, or to bond with a new child. Employers can opt-in to the program or individuals can purchase coverage if their employer does not offer NH PFML or an employer equivalent benefit coverage.

Large employers, defined as having fifty (50) or more employees across all work locations (not just in New Hampshire), have obligations under the law whether or not they opt in. For both employer-provided and individual policies, large employers must support employees during the enrollment process, collect worker premium payments through payroll deduction, and continue to provide health insurance during leave at the normal, active employee rate. Employers cannot retaliate or discriminate against employees for having or taking NH PFML. In addition, large employers who opt-in to the program must restore workers to the position they held prior to leave or an equivalent position.

Leave under FMLA can run concurrently with NH PFML, according to the employer’s policy. Employers who opt-in can also determine which employer-provided benefits (E.g., PTO, vacation, salary continuation, and paid parental/bonding leave) will coordinate with NH PFML. If an employee purchases individual coverage, the employer cannot require the employee to take NH PFML or run leaves concurrently, except for FMLA.

For an employee to be eligible for NH PFML they must work for an employer who has a physical location in New Hampshire. In addition, the employee must:

• work at the employer’s physical location in New Hampshire; and/or
• work from a home office in New Hampshire; and/or
• be eligible for New Hampshire workers compensation and/or unemployment benefits through their employer

Open enrollment for employers begins December 1, 2022 and will be ongoing. Individual open enrollment will take place from January 1, 2023 – March 2, 2023.