Paid Family Leave Strategies for Associations in Varied U.S. Jurisdictions

As of September 2023, there has been a notable increase in the number of U.S. states adopting statewide paid family and medical leave programs, according to an Associations Now article. Currently, eight states and Washington, DC, offer such benefits, with Colorado set to join in January 2024. Additionally, four more states have enacted programs scheduled to begin providing benefits in 2026. The prevalence of remote work has raised complexities for associations, as employees may be situated in different states with distinct paid or unpaid leave regulations.

Paid leave typically covers various categories, including medical absence, pregnancy, bonding with a new baby, caring for a family member’s health condition, civic duties, and situations involving domestic violence or stalking. To navigate this evolving landscape of family leave, associations are advised to carefully assess the leave requirements in each jurisdiction where they operate. Julia Judish, special counsel at Pillsbury Winthrop Shaw Pittman LLP, emphasizes the importance of establishing a fair and competitive baseline of benefits and providing clear information to staff.

Associations need to be aware of the nuances in different jurisdictions. For instance, in DC, paid family leave is funded through a payroll tax on employers, while in New York, employees apply for benefits directly, with potential employer deductions. Judish suggests that associations with employees in multiple states should decide whether to vary policies based on location.

Ensuring transparency is crucial, as paid leave entitlements may overlap with other statutory rights or association plan benefits. Associations should educate managers about leave policies, emphasizing legally protected benefits. Regular meetings can serve as a platform for HR to provide overviews and address concerns, fostering understanding and compliance. Ultimately, this proactive approach not only helps in adhering to legal requirements but also contributes to talent retention by providing necessary support during personal challenges.