Seems like in the past several weeks this blog has been consumed by COVID-19 news – almost every day, at some points. And before that, it was mostly paid family and medical leave. Well, the world isn’t all COVID-19 and PFML so we thought we’d take a look at the bigger picture of legislative activity throughout the country.

At Matrix we track LOTS of pending legislation; currently, we have almost 600 bills on OUR radar. Many of these were introduced in early 2020 and have seen no activity since COVID-19 took over our lives. So in order to bring this down to a manageable size, we are focusing here on bills of interest that (1) relate to leave, accommodations, pregnancy, or COVID-19; and (2) have progressed in the applicable legislature in the past few weeks.

This information is current as of 6/25/2020.

COVID-19 and PFML

There are still bits of COVID and PFML legislative news. See the blurbs below on Rhode Island and Virginia for some PFML developments; and District of Columbia (an emergency bill already enacted), Massachusetts, Washington, and the U.S. for COVID updates. No other trends going on that we can see except both California and Massachusetts have introduced bills for bereavement leave.

Passed legislation

Oh, and one more thing. Remember that a few previously-passed laws go into effect soon:

The increase in New Jersey Family Leave Insurance benefits from 6 weeks to 12 weeks is effective July 1.
See our blog post here.
The increases in California Paid Family Leave and San Francisco Paid Parental Leave benefits, each going
from 6 to 8 weeks, are also effective July 1.See our blog post here.
Illinois’s School Visitation leave (provides up to 8 hours per school year for school conferences) adds new
leave reasons relating to a parent’s need for time off due to academic and behavioral issues.
This is effective August 1, 2020 – helpful if any schools return to in-person education, I guess!

Now, let’s take a cruise together to see what’s happening in your state:

CALIFORNIA: CA A 2399

Introduced: 02/28/2020
Status: 05/26/2020 – Passed Assembly, to Senate
Subject: Amends CA Paid Family Leave law
Provisions:
- For purposes of military exigency leaves under Paid Family Leave, revises definitions of “care recipient,”
  “care provider,” and “family care leave”
Proposed effective date:01/01/2021

CALIFORNIA: CA S 1383

Introduced: 02/21/2020
Status: 06/09/2020 – In Senate Committee on Appropriations: To Suspense File
Subject: Amends CA Family-School Partnership Act
Provisions:
- Removes the employer size limitation of 25 or more employees in one worksite
- Clarifies that leave to address a child care provider or school emergency includes a school closure
  due to a federal, state, or local government declaration of a state of emergency
- Removes the limitation of 40 hours per year for leave due to a child care provider or school emergency
- Leave to enroll a child in school or a child care facility and to attend school activities remains limited to
  40 hours per year and 8 hours per calendar month
Proposed effective date:01/01/2021

CALIFORNIA: CA A 2992

Introduced: 02/21/2020
Status: 06/11/2020 Passed Assembly; to Senate
Subject: Amends laws relating to leave for victims of domestic violence, stalking, and sexual assault
Provisions:
- Expands leave of absence and other protections to include victims of a crime or that caused physical injury
  or that caused mental injury and a threat of physical injury.
Proposed effective date:01/01/2021

CALIFORNIA: CA A 2999

Introduced: 02/21/2020
Status: 06/10/2020 – Passed Assembly; to Senate
Subject: Bereavement leave
Provisions:
- Requires employers to provide up to 10 business days of unpaid bereavement leave due to loss
  of a family member (parent, child, spouse, domestic partner, sibling, grandparent, grandchild); leave
  need not be taken consecutively;
  must be used within 3 months of date of death
Proposed effective date:01/01/2021

COLORADO: CO S 205

Introduced: 05/26/2020
Status: 06/11/2020 – In House, to second reading
Subject: “Healthy Families and Workplaces Act” – creates paid sick and safe leave law
Provisions:
- Requires employers to provide up to 48 hours of paid leave per year to employees for the following reasons:
- Employee’s or a family member’s medical needs
- Employee or a family member is a victim of domestic abuse, sexual assault, or harassment
- Closure of a child’s school orplace of care, or the employee’s place of business, due to a public health
  emergency
- Provides an additional 14 days of paid sick leave (up to 80 hours) due to a public health emergency for
  leave reasons similar to the Families first Coronavirus Response Act
Proposed effective date:
- Paid sick &safe leave – 01/01/2021
- Public health emergency leave – upon passage through 12/31/2020

DISTRICT OF COLUMBIA DC B 757 and DC B 759

Introduced: 05/18/2020
Status: Enacted – Emergency Law – Signed by Mayor
Subject: Amends DC FMLA and DC Accrued Sick and Safe Leave Act
Provisions:
- Adds DC FMLA leave for quarantine, caring for family member with COVID-19, or school closures;
  applies to all employers regardless of size; employee eligibility is 30 days; included in DC FMLA total
  16-week entitlement
- Adds 2 weeks/80 hours paid sick leave for same reasons as FFCRA EPSL; employee eligibility is 15 days;
  applies to employers with 50-499 employees (not a health care provider); payments are deducted from
  employee entitlement to FFCRA or company policy paid leave
Effective date:
- DC B 757 & 759: In effect immediately, through 09/06/2020
- NOTE:DC B 758:Identical. 758 is pending as a “temporary bill,” so if it passes will go into effect following
  a 30-day congressional review and then remain in effect for 225 days.

DISTRICT OF COLUMBIA: DC B 734

Introduced: 05/21/2020
Status: 05/21/2020 – ENACTED
- TEMP LAW Signed by Mayor 05/21/2020; pending 30-day Congressional review period
Subject: Amends DC Accrued Sick and Safe Leave Act to provide COVID-19-related leave
Provisions:
- Adds 2 weeks/80 hours paid sick leave for same reasons as FFCRA EPSL; employee eligibility is 15 days;
  applies to employers with 50-499 employees (not a health care provider); payments are deducted from
  employee entitlement to FFCRA or company policy paid leave
Effective date:30 days after Mayor’s signature (06/20/2020) if no Congressional action – but may
cover leaves starting with public emergency declared on 03/11/2020; expires 225 days after going into effect

ILLINOIS: IL H 4871

Introduced: 02/11/2020
Status: 03/05/2020 – In House Committee on Labor & Commerce: To Subcommittee on Business
and Industry Regulations
Subject: Amends Victims’ Economic Security and Safety Act
Provisions:
- Adds protections for victims gender violence (violence based at least in part on individual’s actual
  or perceived gender)
Proposed effective date:If passed before July 1, 2020, effective date is January 1, 2021; if passed July 1, 2020,
or after, effective date is June 1, 2021

MASSACHUSETTS: MA S 2713

Introduced: 05/21/2020
Status: 05/21/20 – To Senate Ways & Means Committee
Subject: Bereavement leave
Provisions:
- Leave up to 10 business days per 12-month period to grieve or make arrangements due to the death of a
  family member (child, parent, guardian, spouse, or person in a substantive dating or
  engagement relationship who lived with the employee);
  - Must be taken within 30 days of employee’s notice of death
  - Covers employers with 25 or more employees in Massachusetts
Proposed effective date:01/01/2021

MASSACHUSETTS: MA H 4566

Introduced: 03/12/2020
Status: 06/22/2020 – To House Ways & Means Committee
Subject: Employment protections for contract workers subject to abuse
Provisions:
- Provides up to 15 work days of leave in any 12-month period to contract workers (not employees)
  who are victims of abuse (including domestic violence, sexual assault, stalking, and kidnapping)
  for numerous related reasons, including medical care, victim services or legal counseling, court appearances,
  relocation, etc.
Proposed effective date:90 days after approval

MASSACHUSETTS: MA H 4738

Introduced: 05/14/2020
Status: 05/22/2020: Filed as House Docket 5071
Subject: Provides workplace procedures for manufacturing and factory workers
Provisions:
- Provides up to 14 days of paid sick leave for manufacturing and factory workers who self-report potential
  COVID-19 symptoms or close contact, even if testing availability is limited or workers are awaiting result
- Includes other workplace safety procedures related to COVID-19
Proposed effective date:90 days after approval

NEW HAMPSHIRE: NH S 759

Introduced: 02/13/2020
Status: 03/12/2020: Passed Senate; to House
Subject: Reasonable Accommodations for Pregnant Employees
Summary:
- Requires an employer to provide reasonable accommodations to an employee related to the employee's
  pregnancy or childbirth and makes the failure to provide such accommodations an unlawful discriminatory
  practice
Proposed Effective Date:90 days after passage

NEW YORK: NY A 10466/NY S 8292

Introduced: 05/22/2020
Status: 05/24/2020 – amended in Assembly Committee on Labor
Subject: Amends NY paid sick/quarantine leave law related to COVID-19
Provisions:
- Adds coverage for individuals subject to quarantine who voluntarily participate in a precautionary quarantine
  or pursuant to a health care provider’s recommendation
- Makes paid benefits available “in each instance” the employee meets the qualifications for
  quarantine or isolation due to COVID-19 under the act
Proposed effective date:Immediately upon passage

RHODE ISLAND: RI S 2831

Introduced: 03/12/2020
Status: 03/12/2020 – to Senate Committee on Labor
Subject: Temporary Caregiver Insurance Benefits
Provisions:
- Increases TCI benefits per year from 4 weeks to 6 weeks (effective 01/01/2021)
  and 8 weeks (effective 01/01/2022)
Proposed effective date:01/01/2021 and 01/01/2022

TENNESSEE: TN S 2520 (same as TN H 2708)

Introduced: 02/05/2020
Status: 06/11/2020 – to Governor
Subject: Tennessee Pregnant Workers Fairness Act
Provisions:
- Requires employers to provide workplace accommodations to employees for medical needs
  arising from pregnancy, childbirth, or related conditions; prohibits employer from requiting employee to take
  leave if a workplace
  accommodation is available and won’t impose an undue hardship
Proposed effective date:07/01/2020

UNITED STATES: US H 6800

Introduced: 05/15/2020
Status: 06/01/2020 – passed House; second reading in Senate
Subject: Amendments to Families First Coronavirus Response Act
Provisions:
- Numerous expansions of existing FFCRA including:
  - Changing expiration date to 12/31/2021
  - Changing employer coverage to all employers with 1 or more employees
  - Expanding leave reasons under Emergency FMLA to include same leave reasons as under Emergency
    Paid Sick Leave Act
  - Increasing cap for EFML benefits to $12,000
  - Providing expansive definitions of “parent” and ”family member”
  - Creating a separate 12-week bank of leave entitlement for EFMLA
  - Creating job restoration rights to same or equivalent position following EPSL
Proposed effective date:Not stated

VIRGINIA: VA H 30

Introduced: 01/08/2020
Status: Enacted 05/21/2020
Subject: Paid family and Medical Leave
Provisions:
- Requires Chief Workforce Development Advisor and Secretary of Commerce and Trade to conduct a
  study and deliver a report to Governor by September 30, 2020, regarding development, implementation,
  and costs of a statewide PFML program for all employers in VA
Effective date:July 1, 2020

WASHINGTON: PROCLAMATION 20-46.1

Introduced: 06/09/2020
Status: Signed by Governor 06/9/2020
Subject: Protections for workers with high risk of COVID-19 complications per CDC guidelines
Provisions:
- Continues provisions of Proclamation 20-46 “ . . . to prevent all employers, public or private, from failing to
  provide accommodation to high-risk workers, as defined by the Centers for Disease control and Prevention,
  that protects them from risk of exposure to the COVID-19 disease on the job. If an employer determines
  that alternative work arrangements are not feasible, the employer is prohibited from failing to permit
  an employee to utilize all available accrued leave options free from risk of adverse employment action.”
Effective date: Effective immediately, through 08/01/2020

Whew! That was a ride, wasn’t it? Don’t worry, there’s a lot going on but you don’t need to keep track of every single thing because, frankly, you have us! So sit back, pour a cold one and enjoy the summer in Future-Post-COVID World, and let us keep you informed and prepared.