Coordination of the Family Medical Leave Act (FMLA) and State/Local Paid Family Leave Programs


The US Department of Labor recently issued an opinion letter clarifying the coordination between FMLA, employer-provided paid time off, and state/local paid family and medical leave programs.


Background: The FMLA requires companies with 50+ employees to provide up to 12 weeks of unpaid leave under certain circumstances (to care for themselves or a family member with a serious medical condition or care for a newborn). Employees can use employer-provided paid leave for any portion of the 12 weeks if they qualify. Even if the employee chooses not to use paid leave, the employer can require that the employee use paid leave during their FMLA time.


Ok, that covers the coordination between FMLA and employer-provided paid leave programs. But what if the company is in a state or locality that mandates paid family/medical leave? The DOL opinion letter provides two points:


  1. If an employee takes leave under a state or local program for a purpose that is covered by FMLA, the leave must be designated as FMLA leave. The employer must provide the employee with an FMLA notice that includes the amount of leave to be counted against the employee’s FMLA leave entitlement.
  2. If an employee receives income through a state/local family or medical leave program, the employer cannot force the employee to use company-provided paid leave at the same time. However, the employee and employer together may agree to use company-provided paid leave to bring their pay up to 100%.


If you have questions about your organization’s HR policies, visit with an employment law attorney for guidance.

Can Managers Participate in a Tip Pool While Working in a Non-Supervisory Position?


The Fair Labor Standards Act (FLSA) prohibits employers (including managers or supervisors) from keeping tips received by employees. However, sometimes an employee who normally works in a supervisory capacity may perform non-managerial duties.


The DOL recently clarified that the “executive employee duties test” is determined based on the primary duty of an employee on at least a workweek basis and does not vary from shift to shift. Therefore, if an employee’s primary position is managerial, that employee may not receive any tips. If an employee’s primary duty based on their job as a whole is not management in nature, the employee does not meet the executive employee duties test and is not prohibited from receiving tips.

Updated Tax and Unemployment Contribution Rates for 2025


The beginning of the year means new rates for state income taxes and unemployment programs. The following states have updated their employer guides and/or withholding tables:


California

Colorado

Connecticut

Georgia

Illinois

Indiana

Massachusetts

North Carolina

Mize Connect Webinar Thursday, March 27, 2025


Registration details will be coming soon.



The purpose of the webinar is to showcase what the Mize Connect employee portal app has to offer. Included will be how the registration works, usage of the payroll functions & how to support employees.

State By State News

California


Employers in Los Angeles and Ventura counties directly affected by the Palisades Fire and windstorms may request up to a two-month extension to file state payroll reports and/or deposit state payroll taxes without penalty or interest. Written requests for an extension must be received by the Employment Development Department (EDD) within two months of the original delinquent date of the payment or return. More information can be found here.


The IRS has extended filing deadlines for quarterly payroll returns to October 15, 2025 for any employers in an area designated by FEMA (currently Los Angeles County). This deadline applies to payroll returns normally due on April 30, 2025 and July 31, 2025. More information can be found here.


The Employment Development Department has clarified that meals and/or lodging provided to employees should be treated as wages for unemployment insurance, employment training tax, and state disability insurance purposes. More details can be found here.

Maine


The paid family and medical leave portal is now live. Employers can use the portal to register their business, designate a payroll processor, file quarterly wage reports, and remit quarterly PFML contributions. First quarter reports and payments will be due by April 30, 2025. All employers must register for an account to use the portal. More information is available here.

Missouri


Missouri employees will begin accruing sick time under the state’s new paid sick time benefit beginning May 1, 2025. This measure was approved under Proposition A by Missouri voters, which also provides changes to the state’s minimum wage.


Earned sick time applies to “all employees performing work in the state for an employer.” The statute does not address employees of a Missouri employer who work outside the state. Employers should visit with their employment law attorney for more guidance.


By April 15, 2025, employers are required to provide written notice to employees of the earned sick time policy. This notice must be on a single piece of 8.5 x 11 paper in no less than 14 point font and include the following information:


  • Employees accrue paid sick time at the rate of 1 hour earned for every 30 hours worked
  • Employers are prohibited from taking retaliatory action against employees who request or use paid sick leave
  • Employees have a right to bring a civil action if paid sick leave is denied
  • The contact information for the Department of Labor


Any employer who is not exempt is required to provide the paid sick leave benefit. Exempt employers include:


  • Federal and State government.
  • Political subdivisions, including agencies, boards, commissions, or instrumentalities of the state, county, municipalities, school districts, and public higher education institutions.
  • Private retail and service businesses whose annual gross volume of sales made or business done is less than $500,000.


Accrual Rate:


  • Employees accrue 1 hour of earned paid sick time for every 30 hours worked.
  • Employees exempt from overtime are assumed to work 40 hours per week.


Usage:


  • For employers with fewer than 15 employees, workers are entitled to use no more than 40 hours of paid sick time per year.
  • For employers with 15 or more employees, workers are entitled to use no more than 56 hours of paid sick time per year.
  • An employer may permit employees to use more through their written policies if they so choose.


Rollover:


  • Employees are entitled up to 80 hours of “earned paid sick time” rolling over to the next 12-month period.
  • Alternatively, an employer may pay out up to 80 hours of an employee’s accrued “earned paid sick time” benefit at the end of each 12-month period and provide the employee with an amount of “earned paid sick time” that meets the requirements of the law available for the employee’s immediate use at the beginning of the subsequent year.


More details can be found here.

Ohio


A new filing and payment system called OH Tax eServices is now available for electronic payments for employer withholding returns and taxes and school district withholding returns and taxes.


Beginning April 9, 2025, the Ohio Pay Stub Protection Act requires employers to provide detailed statements of earnings and deductions to their employees for each pay period. These statements must include important information such as the employee's name and address, the employer's name, gross and net wages, itemized deductions, pay date, and the pay period covered. For hourly workers, employers must also include additional details, such as the total hours worked, hourly wage, and overtime hours.


Pay stubs prepared by Mize already meet these requirements.


Furthermore, the law establishes a process for employees to request missing pay stubs from their employers. Employers must provide requested pay statements within 10 days. If they fail to do so, employees can report this violation to the Ohio Director of Commerce. If the Director finds sufficient evidence of a violation, they will issue a notice to the employer. The employer must then display this notice prominently on their premises for 10 days.

Tools You Can Use

Electronic Pay Solutions


Employees like to get paid on time. Sometimes that’s harder than it might seem. With delivery issues, severe weather, and wildfires frequently in the news and maybe even your backyard, getting paychecks to employees can be difficult. That’s where electronic payroll solutions like direct deposit and pay cards can be a great solution.


Electronic pay solutions can also save you money. The costs of both printing and delivery are going up, which increases your payroll fees. With direct deposit and pay cards, employees can access their pay stubs and year-end Forms W-2 and 1095 online through the Mize payroll portal.


Read more about the benefits of electronic pay from our Insights blog by clicking here.  

On-Demand Pay

 

Tapcheck is an on-demand pay provider, empowering employees to take control of payday. Seamlessly integrated with payroll systems, Tapcheck boosts retention, productivity, and financial wellness—at no cost to employers and with no change to payroll.

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