Workforce Bulletin

Employers offering or considering tuition reimbursement plans are facing significant regulatory changes in both California and New York. Tuition reimbursement plans are offered by employers as a fringe benefit that reimburses employees who want to continue their education in a degree program or receive certain certifications. Many employers impose certain conditions for receiving reimbursement, including staying on the job and requiring employees to repay the employer if they terminate employment within a specified period of time. Recent changes to state laws governing employer recoupment rights and repayment agreements require review of the administration and documentation of employer’s tuition reimbursement plans. Like many workforce-facing benefits, tuition reimbursement is no longer just an HR perk, it is a compliance issue. While California and New York requirements are very similar, there are important differences.

The Massachusetts Department of Family and Medical Leave (“DFML”) continues to provide ongoing substantive and procedural guidance regarding the implementation of the state’s Paid Family and Medical Leave Program (“PFML”). As previously reported, prior guidance has addressed how to determine if an employer meets the 25-covered individual threshold for reporting purposes, whether to count visa holders as part of the workforce for PFML purposes. Last week, the DFML provided clarification as to the requirements for an employer to qualify for reimbursement for ...