The paid family and medical leave benefits program is established effective January 1, 2026. The program is administered by the department. In accordance with subsection 1, the department may, through contract after a competitive bidding process subject to the requirements of Title 5, section 1816‑B, authorize a 3rd party to conduct claims administration.
1.Competitive bidding process.
Any competitive bidding process used by the department pursuant to this section is governed by this subsection.
2.Family leave eligibility.
A covered individual is eligible for family leave for any of the following reasons:
3.Medical leave eligibility.
A covered individual with a serious health condition that makes the covered individual unable to work is eligible for medical leave.
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The paid family and medical leave benefits program is established effective January 1, 2026. The program is administered by the department. In accordance with subsection 1, the department may, through contract after a competitive bidding process subject to the requirements of Title 5, section 1816‑B, authorize a 3rd party to conduct claims administration.
1.
Competitive bidding process.
Any competitive bidding process used by the department pursuant to this section is governed by this subsection.
2.
Family leave eligibility.
A covered individual is eligible for family leave for any of the following reasons:
3.
Medical leave eligibility.
A covered individual with a serious health condition that makes the covered individual unable to work is eligible for medical leave.
4.
Maximum leave requirements.
The following requirements apply.
5.
Intermittent leave requirements.
Leave permitted by this section may be taken by an employee intermittently in increments equaling not less than one work day, unless a lesser increment is agreed to by the employee and the employer, except that the employee and employer may not agree to leave under this section to be taken in increments of less than one hour.
6.
Weekly benefit.
While on family leave or medical leave pursuant to this subchapter, a covered individual receives a weekly benefit amount as provided in section 850‑C.
7.
Notice to employer.
Absent an emergency, illness or other sudden necessity for taking leave, an employee shall give reasonable notice to the employee's supervisor of the employee's intent to use leave under this subchapter. Use of such leave must be scheduled to prevent undue hardship on the employer as reasonably determined by the employer. If an employer fails to provide notice as required under section 850‑I, the employee's obligation to provide notice under this subsection is waived.
8.
Right to benefits; accrual.
The taking of family leave or medical leave may not affect an employee's right to accrue vacation time, sick time, bonuses, advancement, seniority, length of service credit or other employment benefits, plans or programs. During the duration of an employee's family leave or medical leave, the employer shall continue to provide for and contribute to the employee's employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if the employee had continued working continuously for the duration of leave.
9.
Treatment of self-employed individuals.
Subsection 8 does not apply to a self-employed individual taking family leave or medical leave under this subchapter or to a person who is no longer an employee who was an employee when that person began taking family leave or medical leave under this subchapter.
10.
Collective bargaining; employer policy; greater or additional rights.
This subchapter does not:
11.
Concurrent with leave under state and federal law.
Leave taken under this subchapter runs concurrently with leave taken under the federal Family and Medical Leave Act of 1993, 29 United States Code, Section 2611, et seq., and under subchapter 6‑A. Employees may take leave under this subchapter while ineligible for leave under the federal Family and Medical Leave Act of 1993 in the same benefit year.
12.
Employer policy may not waive employee rights.
An employer policy adopted or retained on or after the effective date of this subchapter may not diminish an employee's right to benefits under this subchapter. Any agreement by an employee to waive the employee's rights under this subchapter is against public policy and is void and unenforceable.
13.
Bureau of Paid Family and Medical Leave; responsibilities of commissioner.
Except as otherwise provided in this subchapter, the Commissioner of Labor shall administer this subchapter through the Bureau of Paid Family and Medical Leave. The commissioner may employ persons, make expenditures, require reports, make investigations, impose assessments, coordinate with other departments and bureaus and take other actions the commissioner determines necessary or suitable to administer this subchapter. The commissioner shall determine methods of operational procedures in accordance with the provisions of this subchapter.