Last year, I provided notice about legislation that pertained to paid leave for birth of a child or adoption of a child. That legislation did not become law.
Earlier this April 2017, a new, similar bill was introduced as HB 3. It can be found here. Essentially, if that bill becomes law, certain employees working for the State of Delaware and school districts will have a legal right to paid leave, which is not required under the applicable federal law (i.e., the Family and Medical Leave Act). This bill does not propose to have paid leave required by private employers.
In many instances, the proposed right to paid leave is for up to twelve weeks – which obviously tax payers fund. The bill seeks to make the law effective as of January 1, 2019. The bill proposes to obligate the Office of Management and Budget, by that date, to establish guidelines for state agencies governing the application and granting of leave, including required notice and documentation, and to distribute such guidelines to all affected state agencies.
The fiscal note/fee impact for this legislation is listed currently as “incomplete.” Thus, the projected cost of such a law is not yet known.
Last year’s legislation listed costs as follows: $929,000 (Fiscal Year 2017); $1,858,000 (Fiscal Year 2018); and $1,858,000 (Fiscal Year 2019). Assumptions upon which those figures were based included the following:
Anyone with an opinion about such assumptions, the cost or other impact that such law might have, or on matters concerning the policy/potential law more generally, should consider contacting an elected representative as soon as possible. A list of State representatives can be found here. A list of State senators can be found here.
While the bill does not apply to private employers, private employers (especially those having 50 or more employees) might want to be vigilant. For better or worse (you decide), legislators within Delaware’s General Assembly have certainly shown a strong willingness to advocate for laws that impact private employers. See, for example, the bill discussed here.
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