Highly Specialized Employment Leave Protection Exemption

Under current law, when an employee takes leave from a job pursuant to the state's paid family and medical leave insurance program, the employer is required to hold the employee's job until the employee returns and maintain the employee's health-care benefits during the duration of their leave. Section 1 of the bill creates an exemption from these requirements for an employer that has a workforce of 51% or more highly specialized employees. The bill requires an employer to apply to and get approval from the division of family and medical leave insurance (division) in the department of labor and employment before the employer can qualify for the exemption. An employer that qualifies must reapply annually to maintain the exemption. Lastly, section 1 defines a highly specialized employee as an employee whose job description or duties:

• Involve responsibilities that are not easily transferrable;
• Require a specific or unique advanced degree that limits the pool of replacements; or
• Require a rare or in-high-demand skill set.

Section 2 requires the division to establish a standardized application process for employers to apply for the highly specialized employees exemption by submitting documentation that proves that the employer has a workforce of 51% or more highly specialized employees. On or before March 1, 2026, the director of the division is required to adopt necessary rules to implement the application process.
(Note: This summary applies to this bill as introduced.)