New amendments to a bill to expand the state’s Paid Family & Medical Leave (PFML) program have significantly reduced the scope of the legislation and focused the bill on COVID-19 response.
The original version of HB 1073 would have greatly expanded the PFML program and created significant new costs for employers,
and substantially expanded eligibility for state PFML benefits and the number of jobs falling under the PFML law’s job protections. AWC’s write up on the original bill can be found here.
On Friday, February 4, the House Labor & Workplace Standards Committee voted to adopt an amendment that trims down the scope of the bill and addresses many of AWC’s concerns. The amendment was adopted by a 4-2 vote with one excused. The matrix
below shows some of the major changes to the original bill by the adopted amendment:
| | Original bill | Adopted amendment |
Intent | | Adds intent section specifying benefits eligibility expansion is only for COVID-19 response. |
Family member definition | “Family member” definition expanded to include any blood relative and person with “close association.” Caring for a family member is a potential triggering event for taking PFML leave benefits. | “Family member” clarified to be blood relative or housemates or relationship with an expectation of and dependency on care. |
Benefits eligibility threshold | Replaced benefits eligibility threshold of 820 hours worked over previous four calendar quarters with threshold of employee earning at least $1000 in covered employment. | $1000 threshold removed from bill. Limited alternative eligibility for COVID-19 related claims between Jan. 1, 2021 – June 30, 2022: - Alternative lookback periods of 820 hours worked in 2019.
- Alternative lookback period of 820 hours worked in Quarter (Q) 2 2019 to Q1 2020.
- Alternative lookback period of 520 hours worked in Q1 of 2020.
|
Job protections | Expands job protections to small employers and to employees with only 90 days on the job. Removes minimum hours threshold. | Job protections expansion removed from bill. |
Health coverage | Expands health coverage continuation requirements to all employees covered by job protections. | Health coverage continuation expansion removed from bill. |
As we wrote previously, AWC had concerns about the original bill’s large expansion of PFML eligibility and the problems it could pose to the health of the program itself and potentially drive future increases to PFML premiums. We were also concerned
about the potential impacts to staffing and onboarding, the difficulty that smaller cities would have backfilling employees on leave, the difficulty some cities would have in holding jobs open for short term employees, and the significant costs associated
with providing medical benefits during the leave period.
The amendments largely address these concerns by directly tying PFML eligibility expansions specifically to COVID-19 response, rather than permanent changes to the program. It also removes the problematic job protections and health coverage expansions.
Additionally, while the definition of “family member” is still expanded to cover some non-family members, it is limited to those with an expectation of and dependency on care rather than an open-ended “close association.” Due
to the changes made by the amendment, AWC will likely now move to a neutral position on the bill.
HB 1073 is expected to head to the House Appropriations Committee for further consideration, unless House Leadership sends the bill elsewhere. Since the bill is now out of the policy committee, it is safe from the February 15 policy committee
cutoff. If the bill goes to Appropriations, it has until February 22 to be voted out of that committee and be sent to the House Floor.