What You Need To Know About State FMLA Changes In 2023 

What You Need To Know About State FMLA Changes In 2023

Mar 22, 2023



Contributions: In 2023, employers must deduct from employees’ wages 0.9% of the first $153,164 in wages paid to an employee in a calendar year, with a maximum withholding of $1,378.48. This differs from 2022 standards, which required deductions of 1.1% of their first $145,600, with a maximum withholding of $1,601.60.

Maximum Weekly Benefit: For claims beginning on or after January 1, 2023, the maximum weekly benefits an individual can receive increases to $1,620, up from $1,540 in 2022.

San Francisco Paid Parental Leave: Under San Francisco’s Paid Parental Leave Ordinance (PPLO), covered employers must provide “supplemental compensation” to employees receiving California PFL for new child bonding. As a result of the increase to the state’s maximum weekly benefit, the PPLO cap will increase to $2,700 per week, up from $2,567 in 2022.

California Paid Family Leave Act is part of the State Disability Insurance (SDI) and collection of fees and reporting is done through that department.


Contributions: New payroll deductions for Colorado’s Paid Family and Medical Leave Insurance program began on January 1, 2023. The premium is 0.9% of an employee’s wage, with the employer and employee both contributing 0.45% (unless the employer elects to pay the full amount).

Aatrix supports the required form to comply with filing requirements.


On October 19, 2022, the State of Connecticut announced the 2023 maximum contribution rate for Paid Family & Medical Leave will remain at 0.5%, up to the Social Security wage contribution cap, which has been adjusted to $160,200 for 2023.

Aatrix supports the required form to comply with employer filing requirements.

District of Columbia

Notice: The 2023 version of the Employee Notice should have been distributed prior to February 1. This new version takes into account the recent increase to available D.C. Paid Family Leave benefits (up to 12 weeks) for all claims submitted on or after October 1, 2022, with requested leave dates beginning on or after September 25, 2022.

Aatrix supports the required form to comply with employer filing requirements.


Contributions: On October 1, 2023, payroll deductions will begin under Maryland’s Time to Care Act.

No separate FMLA form.


Contributions: In 2023, the total contribution rate for employers with at least 25 employees decreased to 0.63%, from 0.68%. The medical portion of the contribution decreased to 0.52%, from 0.56%. Up to 40% of the medical portion can be withheld from employees’ pay, representing a contribution rate of 0.208% in 2023, down from 0.224%. The other 60% must be paid by the employer, representing a contribution rate of 0.312% in 2023, down from 0.336%. The family portion of the contribution is to decrease to 0.11%, from 0.12%. Employers with fewer than 25 employees are not required to pay a medical contribution, leaving the effective contribution rate for these employers at 0.318% of eligible wages, down from 0.344% in 2022.

Maintain Health Care Benefits During Leave: On January 6, 2023, Massachusetts revised its regulations governing an employer’s obligation to maintain an employee’s health insurance benefits during leave. The revised regulations provide four examples concerning how employers can “otherwise maintain” coverage, discuss what happens when employees are ineligible for benefits when they begin leave, and address what happens when an employee resigns during leave.

Aatrix supports the required form to comply with employer filing requirements.

New Hampshire

(Voluntary) Paid Leave Program Takes Effect: On January 1, 2023, New Hampshire became the first state to provide a voluntary paid leave program. The New Hampshire Paid Family and Medical Leave (NH PFML) Plan, otherwise known as the Granite State Paid Family Leave Plan, provides New Hampshire workers with 60% wage replacement for up to six weeks of work per year if they take time off for personal health or family reasons.

This program is voluntary and has no filing requirements.

New Jersey

Contributions: In 2023, employees must now contribute 0.06% (down from .14%) of the first $156,800 in covered wages (up from $151, 900).

Maximum Weekly Benefit: The maximum weekly benefit for new Family Leave Insurance claims increased January 1, 2023 to $1,025, from $993.

No separate FMLA form.

New York

Contributions: Effective January 1, 2023, New York decreased by 10% its employee premium rate for PFL from 0.5% of employee’s wages to 0.455% of employee’s wages, not to exceed an annual maximum contribution of $399.43. 

Covered Family Members: New York amended its Paid Family Leave (PFL) Law to expand the definition of family member, as of January 1, 2023, to include a sibling, which is defined as a biological or adopted sibling, a half-sibling, or a stepsibling.

Forms: The New York State Workers’ Compensation Board (Board) updated the request forms for PFL. The revised forms are now available on the Paid Family Leave website. All PFL request forms have been updated to include a “Gender X” option, remove unnecessary gender pronouns, and include siblings within Family Care.

No separate FMLA form.


Contributions: Payroll deductions for Oregon’s Paid Family and Medical Leave Insurance (PFMLI) program began January 1, 2023. The contribution is 1% of up to a maximum of $132,900 in wages. Employers with 25 or more employees pay 40% and employees pay 60% of the premium. Employers with fewer than 25 employees do not pay into the program.

Poster: Effective January 1, 2023, each employer must display the department’s notice poster in each of the employer’s buildings or worksites in an area that is accessible to and regularly frequented by employees and provide a copy to remote employees.

Benefits: On or after September 3, 2023, employees can submit claims for benefits under Oregon’s PFMLI program.

The required information is reported on Aatrix's OR - QR form. No additional form is required. 

Rhode Island

Contributions: Although employers continue to deduct 1.1% of employee wages in 2023, the taxable wage base increases from $81,500 to $84,000.

Minimum & Maximum Weekly Benefit: In 2023, the minimum and maximum weekly benefit increased from $107 and $978 to $121 and $1,007, respectively.

Length of Absence: Beginning January 1, 2023, eligible employees are entitled to take up to six weeks of paid leave in a benefit year (an increase from five weeks) under Rhode Island’s Temporary Caregiver Insurance program to (1) bond with a newborn child or a child newly placed for adoption or foster care with the employee or domestic partner, or (2) care for a child, a parent, parent-in-law, grandparent, spouse, or domestic partner, who has a serious health condition.

As part of the RI Temporary Disability Program (TDI), there is no separate FMLA form.


(Voluntary) Paid Leave Program Created: In 2023, Vermont followed New Hampshire’s lead by creating a voluntary paid family and medical leave program that private employers may opt into beginning July 1, 2024, which provides at least a combined 6 weeks of paid leave benefits at 60% of pay in a 12-month period for parental bonding, care for a seriously ill family member, the employee’s own serious health condition, qualifying military exigencies, and care for an injured service member.

This program is voluntary and has no filing requirements.


Contributions: The premium for the Paid Family and Medical Leave program increased to 0.8% (from 0.6%) in 2023. Employers pay 27.24% of the total premium and employees will pay 72.76% (this is a very slight increase to the employer share and a decrease to the employee share).

Aatrix supports the required form to comply with employer filing requirements.

Story sourced from State websites, and Litter.com


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