In order to adapt to changes in leave legislation in real time, insurance carriers need agile absence management software. In this blog, you’ll learn about delays to the implementation of Oregon’s paid family and medical leave program and the details of the new victim leave legislation in Missouri.
Oregon Paid Family and Medical Leave Program
On July 27, Oregon Governor Brown signed House Bill 3398, delaying implementation of its Paid Family and Medical Leave Program. The bill implements the following delays:
- Adoption of rules necessary to establish the program: September 1, 2022
- Contributions by employers and employees: Jan. 1, 2023
- Benefit payments: Sept. 3, 2023
What is FINEOS doing to prepare?
FINEOS will continue to configure the Oregon Paid Family and Medical Leave plans as well as monitor and stay involved with the Oregon regulatory and policy-making process to ensure readiness for the new effective date.
Missouri Domestic Violence Leave
On July 14, Missouri Governor Parson signed House Bill 432, establishing a new leave of absence for employees who are victims of domestic or sexual violence or for a family or household member who is a victim. The law, which goes into effect on August 28, contains the following provisions:
Eligible Employees: All employees working in Missouri are eligible for leave.
Covered Employers: Covered employers include the state or any agency of the state, political subdivision of the state, and any private employer that employs at least twenty employees.
Leave reasons: Employees may take leave when they are the victim of domestic or sexual violence or when their family or household member is a victim of domestic or sexual violence, in order to:
- Seek medical attention for, or recover from, physical or psychological injuries caused by domestic or sexual violence
- Obtain services from a victim services organization
- Obtain psychological or other counseling
- Participate in safety planning, temporarily or permanently relocate, or take other actions to increase safety from future domestic or sexual violence or to ensure economic security
- Seek legal assistance or remedies to ensure health and safety, including prepare for or participate in any related civil or criminal legal proceeding
Entitlement:
- Employees working for an employer with 50+ employees: 2 weeks during any twelve-month period.
- Employees working for an employer with 20-49 employees: 1 week during any twelve-month period.
Leave may be taken continuously, intermittently, or on a reduced work schedule.
Concurrency: The new leave rights will run concurrently with existing leave entitlements under Missouri and federal law, including the FMLA, where applicability, eligibility, and leave reasons align.
Covered relationships: The law allows an employee to take leave for their own leave, as well as for a victim who is the employee’s spouse, parent, son, daughter, other person related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household.
Notice: An employee must provide an employer with at least 48 hours’ advance notice of the employee’s intention to take leave, unless providing such notice is not practicable. When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, upon request of the employer and within a reasonable period after the absence, provides certification.
Certification: The employer can require the employee to provide certification that the employee or the employee’s family or household member is a victim of domestic or sexual violence and that the leave is for one of the purposes permitted. The employee must provide such certification to the employer within a reasonable period after the employer requests certification.
Job Protection: Any employee who takes leave is entitled to be restored to the position of employment held by the employee when the leave commenced or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
Maintenance of Benefits: During leave, the employer must maintain coverage for the employee and any family or household member under any group health plan. The employer may recover from the employee the premium that the employer paid for maintaining coverage if the employee fails to return from leave for a reason other than the reason that entitled the employee to leave, or other circumstances beyond the control of the employee.
Accommodations: Employers and public agencies must make reasonable safety accommodations, in a timely manner, to the known limitations resulting from circumstances relating to being a victim of domestic or sexual violence or a family or household member being a victim of domestic or sexual violence of an otherwise qualified individual.
What is FINEOS doing to prepare?
FINEOS is ready to administer the new Missouri Domestic Violence leave to help our clients remain in compliance.
By investing in modern, agile absence management systems like the SaaS FINEOS Platform, insurance carriers will be able to respond quickly to these types of changes in legislation. Learn more about how a modern, integrated disability and absence management solution can provide tangible benefits for your organization here.
