Connecticut and Oregon each enacted laws in June that extend paid family leave with broad definitions of who’s in a family, among other new provisions.
Under the Connecticut law, signed by Governor Ned Lamont (D) June 25, workers at firms of one or more employees may take up to 12 weeks of paid leave to care for a newborn, a newly adopted or foster child, or seriously ill family member. They may also take the time for their own health conditions or to be a marrow or organ donor; for pregnancy-related health complications, they may receive up to two additional weeks. Notably, the bill defines “family member” as (my emphasis) “a spouse, sibling, son or daughter, grandparent, grandchild or parent, or an individual related to the employee by blood or affinity whose close association the employee shows to be the equivalent of those family relationships.”
The Oregon law, passed June 30 and expected to be signed shortly by Governor Kate Brown (D), offers similar benefits. Any employee who has earned at least $1,000 in wages eligible for 12 weeks of leave to care for themselves, a new child, or a family member. Additionally, Oregon covers up to 100 percent of wages, with weekly benefits capped at around $1,215, whereas Connecticut stops at 95 percent of wages, capped at $900 a week. Like Connecticut, Oregon defines a “family member” as (my bold) “Any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship.”
These two states are following the example of New Jersey, which in February became the first state in the U.S. to offer paid family leave that lets employees define their families. It’s wonderful to see such progress at the state level, especially since the federal Family and Medical Leave Act falls far short for queer families and many others. The only other states to have any paid family leave laws are California, Massachusetts, New York, Rhode Island, and Washington, plus the District of Columbia. Many of these cover same-sex domestic partners and people for whom the employee is acting in loco parentis (in the place of a parent) among other things, but they do not define “family member” quite as broadly as Connecticut, New Jersey, and Oregon. Some companies, too (in particular, MassMutual, which I wrote about earlier this year) are also allowing employees to self-define their families for the purpose of paid leave.
As always, check with your own employer and read the rules for your state closely if you are considering taking paid leave, to see exactly what the benefits are, when they come into effect, and what, if any, exceptions and limitations there may be.
