Paid family and medical leave.

24LSO-0475
2024
STATE OF WYOMING
24LSO-0475
Numbered
2.0

HOUSE BILL NO. HB0174

Paid family and medical leave.

Sponsored by: Representative(s) Sherwood, Brown and Western and Senator(s) Barlow and Rothfuss

A BILL

for

AN ACT relating to labor and employment; implementing voluntary paid family and medical leave insurance for Wyoming employees as specified; specifying qualifying events; providing a timeline for implementation; requiring the selection of an insurance carrier; requiring rulemaking; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 27
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16
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101 through 27
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16
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103 are created to read:

CHAPTER 16
WYOMING VOLUNTARY PAID FAMILY AND MEDICAL
LEAVE INSURANCE ACT

27
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16
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101.

Short title.

This act shall be known and may be cited as the "Wyoming Voluntary Paid Family and Medical Leave Insurance Act."

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16
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102.

Selection of an insurance carrier.

On or before January 1, 2025, the department of workforce services shall select an insurance carrier to provide voluntary paid family and medical leave insurance to Wyoming employees. The insurance program shall be overseen by the department of workforce services, in consultation with the department administration and information's employees' group insurance program, and implemented by the insurance carrier. Implementation of the program by the insurance carrier may include the collection of premiums.

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16
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103.

Wyoming voluntary paid family and medical leave insurance.

(a)

Wyoming voluntary paid family and medical leave insurance shall provide covered employees not less than sixty percent (60%) wage replacement for twelve (12) weeks in a twelve (12) month period. Wages, for the purpose of calculating benefits, shall be capped at the social security base benefit limit.

(b)

Events that qualify for voluntary paid family and medical leave insurance include:

(i)

Birth, adoption or foster care placement of a child and care for a child within one (1) year after birth;

(ii)

Care for a family member with a serious health condition, including a spouse, parent, child, foster child or ward living with a covered employee;

(iii)

A covered employee's serious health condition as defined by the Family and Medical Leave Act of 1993;

(iv)

A qualifying exigency related to active military duty, as determined by rules of the department of workforce services and the department of administration and information;

(v)

Any event covered by the federal family and medical leave act.

(c)

The voluntary paid family and medical leave insurance program shall be implemented in three (3) phases:

(i)

Not later than March 1, 2025, all state employees as defined by W.S. 9
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3
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203(a)(iv) shall be offered voluntary paid family and medical leave insurance at a rate determined by the insurance carrier selected by the department of workforce services. Elected officials, employees or officials whose salaries are set in statute and federal employees shall not be offered voluntary paid family and medical leave insurance under this act;

(ii)

Not later than March 1, 2026, private Wyoming employers with two (2) or more employees may choose, but are not required, to offer voluntary paid family and medical leave insurance to their employees at a rate determined by the insurance carrier selected by the department of workforce services;

(iii)

Not later than March 1, 2027, persons who work for private Wyoming employers that do not offer voluntary family and medical leave insurance, self
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employed persons and private employers with not more than one (1) employee may purchase coverage through an individual purchasing pool offered by an insurance carrier at a rate determined by the insurance carrier selected by the department of workforce services.

(d)

Employers shall be given the option to pay voluntary family and medical leave insurance premiums for their employees. Employers shall not be required to pay premiums. Premium payments for voluntary family medical leave insurance shall be pre
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tax to the extent allowable under state and federal tax law.

(e)

For medical leave, there shall be a seven (7) day waiting period and claims shall be paid beginning on day eight (8). For family leave, claims shall be paid beginning on the first fully scheduled workday of leave.

Section 2.

Before October 1, 2024, the department of workforce services, in consultation with the department of administration and information's employees' group health insurance program, shall report to the joint labor, health and social services interim committee on the progress of the voluntary paid family and medical leave insurance program and on the need for any additional statutory changes regarding the implementation of this act.

Section 3.

The department of workforce services and the department of administration and information's employees' group insurance program shall promulgate all rules necessary to implement this act.

Section 4.

(a)

Except as otherwise provided by subsection (b) of this section, this act is effective July 1, 2024.

(b)

Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0174