Family and Medical Leave - Does the state have requirements on family and medical leave that differ from federal law?

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1 Law Chart Builder US The federal Act (FMLA) applies to private with 50 or more employees for each working day during each of 20 or more weeks in the current or preceding year. All public are covered, regardless of size. The FMLA allows eligible employees of covered to take up to 12 weeks (including intermittent leave) of unpaid, job-protected leave annually for certain family and medical reasons, including the birth or adoption of a child, caring for a seriously ill child, spouse, or parent, or the employee s own serious health condition. Amendments to the FMLA also grant additional leave to eligible employees who have covered family members in the military. These two categories of FMLA leave include qualifying exigency family leave and military caregiver family leave. AL No requirements beyond federal law. There is no AK Public employees who have been employed at least 35 hours a week for at least six consecutive months or for at least 17.5 hours a week for at least 12 consecutive months are entitled to a total of 18 workweeks of leave during any 24-month period because of a serious health condition. Eligible employees are entitled to a total of 18 workweeks of leave during any 12-month period because of pregnancy and childbirth or for adoption of a child. Employees must be returned to their former jobs or to a substantially similar job. The leave may be unpaid. Citation: AS , , and government and political subdivisions that employed at least 21 employees in the state for each working day during any period of 20 consecutive workweeks in the preceding two calendar years. AZ Effective July 1, 2017, must provide employees with paid time off. Employees will earn one hour of sick leave for every 30 hours worked. The total amount of required sick leave is capped, depending on the size of the employer. Employers with fewer than 15 employees must allow workers to earn 24 hours of sick leave per year, while with 15 or more employees must grant 40 hours of earned paid sick leave annually. In addition to the employee s own sickness, the leave can be used for preventive care, physical or mental illness, and services related to domestic or sexual violence for the employee or an employee s family member. Family member is broadly defined to include the employee s spouse or domestic partner as well as parents, children, grandparents, grandchildren, and any individuals regardless of age who acted, or for whom the employee or employee s spouse or domestic partner acted, in a parental role during childhood. Employers will be able to require advance notice of a foreseeable need to use paid sick leave, but only if they put the requirement in a written policy that has been provided to employees. There is no Page 1 of 16 BLR-Business & Legal Resources

2 Law Chart Builder AR government: employees are entitled to leave outlined in the Uniform Attendance and Leave Policy Act, which includes provisions for shared leave and catastrophic leave. Accrued annual and sick leave of employees may be donated to another employee under the 's shared-leave policy or to a catastrophic leave bank. Employees may be eligible for paid leave from the shared-leave program or from the catastrophic leave bank once they've exhausted all sick, annual, and compensatory leave if they meet the requirements and need leave for a catastrophic illness of their own or of an immediate family member, including a mother, father, sister, brother, husband, wife, child, grandmother/father, grandchild, in-laws, and individual acting as a parent or guardian of an employee. An employee may receive a maximum of 2080 hours of combined shared leave and catastrophic leave in a calendar year. employees have eight hours per calendar year leave for participation in children's educational activities, including a child over the age of 18 who has a developmental disability as defined in or is declared legally incompetent. Teachers: The Teacher's Minimum Sick Leave Law guarantees minimum periods of leave. Teachers injured by an assault or other criminal act committed against them in the course of their employment are granted leave with full pay for up to one year from the date of injury. Teachers injured while intervening in student fights, restraining students, or protecting students from harm are considered injured as a result of an assault or criminal act. School employees: The School Employees Minimum Sick Leave Law guarantees minimum periods of leave in much the same way as is guaranteed to teachers. Circuit court reporters and deputy prosecuting attorneys: Apply state Uniform Attendance and Leave Policy Act. Municipal law enforcement officers and firefighters: Fall under their own uniform sick leave programs. Citation: government: Ark. Code Ann to Teachers: Ark. Code Ann to School employees: Ark. Code Ann through Circuit court reporters, deputy prosecuting attorneys: Ark. Code Ann and Law enforcement and firefighters: Ark. Code Ann and Government and public school systems. CA The California Family Rights Act (CFRA), enacted as the Moore-Brown-Roberti Family Rights Act, provides for 12 workweeks of leave in a 12-month period for (1) care of a child, parent, spouse (including a same-sex spouse), or registered domestic partner of the employee who has a serious health condition; (2) employee's own serious health condition, or (3) bonding with newborn child or child placed with employee in connection with adoption or foster care. Unlike the FMLA, CFRA may be taken to care for a registered domestic partner with a serious health condition. Unlike the FMLA, CFRA excludes disability resulting from pregnancy, childbirth, or related medical conditions. Further, unlike the FMLA, CFRA doesn't include qualifying exigency leave or covered servicemember leave. Under the California Fair Employment and Housing Act, if an employee is disabled by pregnancy, childbirth, or related medical conditions, the employee will be entitled to up to four months of Pregnancy Disability Leave. Pregnancy Disability Leave may run concurrently with FMLA leave, but does not run concurrently with CFRA leave. Thus, a CFRA-eligible employee may be entitled to 12 weeks of CFRA leave for baby bonding after she is no longer disabled by the pregnancy or at the end of four months of pregnancy disability leave, whichever occurs first. Thus, the maximum possible combined statutory leave for Pregnancy Disability Leave and CFRA due to the birth of a child is four months plus 12 workweeks. San Francisco. Effective January 1, 2014, San Francisco's Family Friendly Workplace Ordinance will require any employer who regularly employs 20 or more employees to grant employees within the city and county boundaries of San Francisco with six or more months of employment who regularly work as little as eight hours per week the right to request flexible or predictable working arrangements to help them meet responsibilities to care for a child; a spouse, domestic partner, parent, sibling, grandchild, or grandchild with a serious health condition; or a parent age 65 or older. Citation: Cal. Gov't. Code and , California Domestic Partners Rights and Responsibilities Act, San Francisco Administrative Code, Ch.12Z. Employers with 50 or more employees within any state, the District of Columbia, or any U.S. territory or possession. CO The state Family Care Act allows employees who are otherwise eligible for leave under the federal FMLA to take up to 12 weeks of unpaid leave in a 12-month period to care for a civil union or domestic partner with a serious health condition. The partners can be of the same or different sex. The leave is available to eligible employees who are in a civil union as defined by state law, or in a domestic partnership that is registered in the municipality in which the person resides (the city and county of Denver and the city of Boulder have domestic partnership registries) or with the state, or in a domestic partnership recognized by the employee s employer. Reasonable documentation of the employee s relationship with the civil union or domestic partner may be required, but documentation can be a simple written statement of the relationship from the employee. An employer may require the same certification as permitted under the federal FMLA. The federal FMLA does not allow for leave to care for a domestic partner or partner in a civil union. As a result, in certain circumstances, employees in Colorado may be eligible for 12 weeks of leave to care for a civil union or domestic partner under the state Family Care Act and 12 weeks of leave for a covered condition under the federal FMLA. Note: The Family Care Act may be subject to repeal if the federal FMLA is amended to provide FMLA leave for civil unions or domestic partners. Citation: C.R.S , et seq. FMLA-covered. Page 2 of 16 BLR-Business & Legal Resources

3 Law Chart Builder CT Private sector: must allow leave to employees who have worked at least 12 months before the first day of leave and at least 1,000 hours in the last 12 months. Leave may be granted for the birth or adoption of a child or placement of a child in foster care; to care for a seriously ill family member; for the employee's own serious health condition; the parent of a spouse with a serious health condition; a civil-union partner with a serious health condition; or the parent or child of a civil-union partner. There is no exemption for highly compensated employees. The leave period is 16 weeks for every two-year period. Employers aren't required to continue health benefits at their expense during the leave, and the leave may be unpaid. Public sector: -government employees are allowed a maximum of 24 weeks of family leave within any two-year period upon the birth or adoption of a child or upon the serious illness of a child, spouse, civil union partner, or the serious illness of themselves or to serve as an organ or bone marrow donor. Any such leave is without pay. Both public and private sector employees are permitted unpaid leave of up to 26 weeks in a two-year period to care for a spouse, parent, son or daughter or next of kin who was injured in the line of military duty. Employees are only entitled to one such period of leave, and there is no more leave entitlement after the two-year anniversary of the first day of leave. Citation: Private sector: Conn. Gen. Stat kk et seq.; Public Act Employee threshold: Velez v. Commissioner of Labor, No (Conn. Supreme Ct. Sep. 25, 2012), appeal pending. Public sector: Conn. Gen. Stat a and 5-248b; Public Act Private sector: Private with 75 or more employees as determined on October 1 of the preceding year. Only an employer's Connecticutbased workforce is considered for calculating the 75-employee threshold. Public sector: DE No requirements beyond federal law. There is no Page 3 of 16 BLR-Business & Legal Resources

4 Law Chart Builder DC The D.C. government and private with at least 20 employees (but not the federal government) must provide eligible employees with the right to take up to 16 weeks of family leave without pay during a 24-month period and up to 16 weeks of medical leave without pay during a 24-month period. Family leave may be used for the care of a family member with a serious health condition, the birth of an employee s child, the placement of a child with the employee for adoption or foster care, or for whom the employee will permanently assume and discharge parental responsibility. D.C. defines family to include a person to whom the employee is related by blood, legal custody, or marriage; a child who lives with the employee and for whom the employee permanently assumes and discharges parental responsibility; and a person with whom the employee shares or has shared within the past year a mutual residence and a committed relationship. To be eligible, an employee must have worked for one year without a break in service for the same employer and worked at least 1,000 hours during the 12-month period before the leave. Intermittent leave is allowed but only over a period of up to 24 weeks. Employees may not tack on sick leave to extend time off beyond the 16 weeks of allowed medical leave. A separate statute entitles employees of all to a total of 24 hours of unpaid leave during any 12-month period to attend or participate in a school-related event for his or her child. D.C. must provide paid sick leave to employees under the Accrued Sick and Safe Leave Act of The amount of leave required varies from three to seven days per year, depending on the size of the employer. This leave can be used for (1) an absence resulting from an illness, injury, or medical condition of the employee; (2) an absence to care for an ill child, parent, spouse, domestic partner, or family member; (3) an absence to receive medical care or diagnosis; or (4) the seeking of medical attention for the employee or the employee s family member relating to injuries caused by domestic violence or sexual abuse or to obtain legal or other services relating to the domestic violence or abuse. In December 2016, the District of Columbia Council approved a bill requiring to give workers up to sixteen weeks paid family and medical leave. The leave is to be paid for via an increase in payroll taxes. To become law, the bill is then subject to a thirty-day period of review by Congress, which has not been completed yet. There is no Citation: Family and medical leave: D.C. Code , 502, and 503. Harrison v. Children's National Medical Center, 678 A.2d. 572 (D.C. 1996); D.C. Code Parental leave: D.C. Code et seq. Paid sick leave: D.C. Code , et seq. FL employees may take family medical leave for a serious family illness including an accident, disease, or condition that poses imminent danger of death, requires hospitalization involving an organ transplant, limb amputation, or other procedure of similar severity, or any mental or physical condition that requires constant in-home care. Unpaid leave is available for up to six months. Citation: FSA and GA No requirements beyond federal law. There is no Page 4 of 16 BLR-Business & Legal Resources

5 Law Chart Builder HI Under Hawaii's Family Leave Act, employees of covered are eligible for leave if they work for at least six consecutive months. Eligible employees are entitled to four weeks of unpaid family leave during any calendar year upon the birth of a child of the employee or to care for the employee's child, spouse, reciprocal beneficiary, sibling, or parent with a serious health condition. An employee may elect to substitute any of the employee's accrued paid leave, including, but not limited to, vacation, personal, or family leave for any part of the four-week period. Intermittent leave may be taken. Employers with 100 or more employees including the state and any of its political subdivisions. Employers who provide sick leave must permit employees to use their accrued sick leave for family leave, but employees may not use more than 10 days per year unless authorized by a collective bargaining agreement. Unlike the federal Act, Hawaii's law permits a reciprocal beneficiary to enjoy the same benefits. A reciprocal beneficiary is defined as two adults who are parties to a valid reciprocal beneficiary relationship. The requirements are (1) each of the parties is at least 18 years of age; (2) neither is married or a party to another reciprocal beneficiary relationship; (3) the parties are legally prohibited from marrying one another; (4) voluntary consent to the relationship; and (5) each party signs a declaration of reciprocal beneficiary relationship. Hawaii's law defines the term "parent" broader than the federal law. Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law. There's no limitation for spouses employed by the same employer. Each spouse, if eligible, is entitled to four weeks of family leave. Effective July 11, 2017, siblings have been added to the covered family members. Citation: HRS ch. 398 and ch. 572C (reciprocal beneficiaries). ID -government employees are entitled to protection under the federal Act (FMLA) regardless of the size of the office in which they work. employees are deemed to work for the entire state, placing the employer above the minimum 50-employee requirement. Also, state employees are entitled to use their accrued sick time for FMLA leave. Citation: IDAPA IL All : No requirements other than those provided under the Illinois Victims' Economic Security and Safety Act, which covers employees who are victims of or have a family or household member victimized by domestic violence, sexual assault, or stalking. with employees must allow eligible employees to take up to 8 weeks of applicable unpaid leave during any 12-month period, and with 50 or more employees must allow 12 weeks applicable unpaid leave. The employee must provide 48 hours advance notice when practicable. Employers may require employees to provide certification of the need for leave. The leave isn't in excess of unpaid leave allowed under the federal FMLA. Employees eligible for other paid or unpaid leaves may substitute any period of such leave for an equivalent period of unpaid leave under the law, but may not require the employee to do so. Employees are entitled to be restored to the same or an equivalent position, and are prohibited from discharging, constructively discharging, harassing, or otherwise discriminating against anyone exercising a right under the leave law or for opposing unlawful practices under the law. Discrimination includes failing to make timely reasonable accommodations to known limitations caused by being a victim of or having a family or household member victimized by domestic or sexual violence. Public sector: government employees are entitled to family leave for the adoption of a child or for parental reasons, such as to care for a seriously ill child, an emotionally disturbed child, parental reasons, or other family emergencies. This leave is only available when federal FMLA does not apply. The leave also may be used after a disability leave for maternity purposes. Employees are entitled to up to 90 days of unpaid leave and, on request, may be granted an additional 90 days. Employees returning from family leave must be returned to the same or a similar position to the one held before the leave. Employees who are also veterans are entitled to four days' leave per year to visit a veterans hospital or clinic for examination for a service-connected disability. The four days cannot be charged against sick leave. Citation: Illinois Victims' Economic Security and Safety Act: 820 ILCS 180/1 et seq. Public sector: 80 ILAC Public sector veterans: 20 ILCS 415/8b.20. Illinois Victims' Economic Security and Safety Act: The state or any state agency; any unit of local government or school district; or any person that employs at least 15 employees. Public sector: Page 5 of 16 BLR-Business & Legal Resources

6 Law Chart Builder IN No requirements beyond federal law (but see Chapter 27 on Military Leave). There is no IA Employers are required to provide unpaid leave of up to eight weeks to pregnant employees or those who have recently given birth when sufficient leave isn't available under any health, temporary disability insurance, or sick leave plan. Citation: Iowa Code Employers who regularly employ four or more individuals. KS government employees may request leave without pay for a period not to exceed 60 days for new hire employees in a regular position without permanent status and one year for permanent employees. Unpaid leave may be granted for: illness or disability, including pregnancy, childbirth, miscarriage, and abortion, adoption of a child, placement of a foster child, to care for a family member with a serious health condition, or for other good and sufficient reason, when the appointing authority deems such leave to be in the best interest of the service. See Small Necessities Leave regarding domestic violence victims and Medical Maternity regarding leave for the birth of a child. Citation: Kan. Admin. Reg KY Kentucky law provides leave for employees to receive an adoptive child. Upon receiving a written request, must grant reasonable personal leave not to exceed six weeks when the reason is to receive an adoptive child under age 7. There is no requirement to provide the leave with pay. Kentucky also allows teachers to request a leave of absence for up to two consecutive school years because of illness, maternity, adoption of a child, or other disability. Without request, a board of education may grant leave of absence and renewals thereof to any teacher or superintendent because of physical or mental disability, but such teacher or superintendent shall have the right to a hearing and appeal on such unrequested leave of absence or its renewal in accordance with the provisions for hearing and appeal in KRS All (KRS ). Citation: Adoption: KRS Teachers: KRS LA Public sector: Every parish and city school board shall permit each teacher to take up to 90 days of extended sick leave in each six-year period of employment. Leave may be used for personal illness or illness of an immediate family member at any time that the teacher has no remaining regular sick leave balance. Private sector: See Chapter 26 on Pregnancy Leave. Effective August 1, 2013, are prohibited from discharging, disciplining, or otherwise discriminating against veterans for taking time off from work to attend medical appointments necessary to meet the requirements to obtain veterans' benefits. The law covers any honorably discharged veteran of the armed forces of the United s, including reserve components of the armed forces, the Army National Guard and the Air National Guard, the commissioned corps of the Public Health Service and any other category of person designated by the president in time of war or emergency. An employer may require that the employee provide a bill, receipt, or excuse from the medical provider verifying his or her attendance at the medical appointment. Citation: Public sector: La. Rev. Stat. Ann. 17:1202. Private sector: Veterans La. Rev. Stat. Ann. 23:331. Public sector: Public school systems. Page 6 of 16 BLR-Business & Legal Resources

7 Law Chart Builder ME The Maine Family Medical Leave Requirements Act applies to any serious health condition of the employee that requires inpatient care or continuing medical treatment. It also provides leave to employees who donate organs and for those who have a child or adopt a child under 16. Employees who have worked for an employer for the preceding 12 months and who aren't independent contractors are eligible for the Act's protections. Employees may take up to 10 weeks of unpaid leave during any two years of employment, and may take that time as intermittent leave. Employers must allow employees to continue all of their benefits, but may require employees to pay for the benefits. Domestic partners are entitled to medical leave to care for a partner, a partner's child, or the birth or adoption of a child by a domestic partner under Maine's law. Any employee who exercises their right to family medical leave is entitled to be restored by the employer to their previous position or a position with equivalent seniority status. Citation: 26 M.R.S.A. 843(1), (3), (4)(A), (4)(C), and (4)(E); 844(1); and 845(2). government, municipal with at least 25 employees, and private with at least 15 employees at one location in the MD Maryland has adopted the federal Act as state law applicable to state-government employees. Employees may be required to use other available accrued leave concurrently with the family/medical leave. Employers must ensure that the employee's position is available immediately to the employee after approved leave has been used. Caring for family members: All with at least 15 employees that provide paid leave under a policy or collective bargaining agreement to allow employees to use their paid leave (sick, vacation, or compensatory time) for the illness of an immediate family member. All who provide leave with pay following the birth of the employee's child must provide the same leave with pay to an employee when a child is placed with the employee for adoption. Effective October 1, 2015, an employer and an employee may not enter into an agreement that would waive the employee's right to use paid leave to care for an immediate family member who is ill. Family military leave: Employers with 50 or more employees must grant eligible employees one day of unpaid family military leave for qualifying reasons. The law covers private, and the state, counties, and municipal government in the state, acting in the capacity of employer. Employees are eligible if they have worked for the employer for 12 months and 1,250 hours in the last 12 months. Employees are qualified to take leave on the day that an immediate family member is leaving for or returning from active duty outside of the United s as a member of the armed forces of the United s. immediate family members are defined as a spouse (including same-sex marriages), parents, step-parents, children, step-children, or siblings of the employee. An employer may not require an employee requesting family military leave to use compensatory, sick, or vacation leave. The employer may require the employee to submit proof verifying that the leave is being taken for a reason permitted by law. Parental leave: Effective October 1, 2014, Maryland's Parental Leave Act requires with 15 to 49 employees to provide a maximum of six weeks of unpaid leave in a 12-month period for the birth, adoption, or foster placement of a child. To be eligible for leave, an employee must have worked for the employer for at least one year and completed 1,250 hours within the previous 12 months. The law provides for an exception to the leave requirement where the employer demonstrates that the leave would result in a substantial and grievous economic injury. Citation: Md. Code Ann., Pers. & Pens ; Md. Code Ann., Labor & Employment 3-802; Md. Code Ann., Labor & Employment 3-801; Md. Code Ann., Labor & Employment 3-803; Md. Code Ann., Labor & Employment et seq. There is no MA Massachusetts has no FMLA counterpart. The Massachusetts Small Necessities Leave Act provides for 24 hours of unpaid leave in a 12-month period for children's routine medical and dental appointments, school activities, and elderly (60 or older) relatives' routine medical and dental appointments and other appointments relating to their care. Because these hours would not otherwise qualify for FMLA leave, they are in addition to the hours to which an employee would be entitled under the FMLA. Citation: Mass. Gen. Laws ch. 149, 52D. Employers covered under the federal Family and Medical Leave Act. MI No requirements beyond federal law. There is no Page 7 of 16 BLR-Business & Legal Resources

8 Law Chart Builder MN MS Minnesota family and medical leave and pregnancy leave issues are covered by Minnesota's Parenting Leave Act. must grant up to 12 weeks of unpaid leave to an employee who is a natural or adoptive parent in conjunction with the birth or adoption of a child. The employee must be reinstated to the same or a comparable position after leave. Also, employees may use personal sick leave benefits for absences for the illness or injury to a child, limited to reasonable periods. An employee must have been employed for at least 12 consecutive months prior to the request, working at least one-half of a full-time equivalent. Employers must permit employees to use their employer-provided sick time for "an illness of or injury to the employee's child... adult child, spouse, sibling, parent, mother-in law, father-in law, grandchild, grandparent, or stepparent." An employer may limit the use of an employee's personal sick leave benefits for relatives to no less than 160 hours in any 12-month period. This limit does not apply to absences due to the sickness or injury of a child. Employers are not required to provide employees with sick leave benefits, either paid or unpaid. However, if the employer provides paid leave, it must permit employees to use these benefits for the purposes covered by law. Citation: Minn. Stat. Sections ; Minn. Stat. Sections government employees may take major medical leave to care for themselves or members of their immediate family. There's no maximum limit to accumulation. The rate is different for university faculty members. This leave may be, with certain restrictions, donated to other employees. Citation: Miss. Code Ann and Employers with 21 or more employees at one location. MO No requirements beyond federal law. There is no MT No specific laws deal with family and medical leave besides the Montana Maternity Leave Act, which makes it unlawful for to discharge a woman because of her pregnancy, refuse to grant her reasonable leave, deny disability benefits when the pregnancy renders her disabled, or require her to take mandatory maternity leave. Employers also must reinstate employees to their original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, and fringe benefits after the employee's maternity leave. Montana doesn't require paid leave, but does allow parental leave for up to 15 days for state employees for the birth or adoption of a child. The law also allows state agencies to extend FMLA leave to employees even though they are not covered by the FMLA. Citation: Mont. Code Ann , , and All. NE No requirements beyond federal law. There is no NV No requirements beyond federal law for private. Public must provide additional benefits to state personnel, as described in detail in NAC , et seq. Citation: NAC through NH No requirements beyond federal law. There is no Page 8 of 16 BLR-Business & Legal Resources

9 Law Chart Builder NJ The New Jersey Family Leave Act (NJFLA) requires covered to provide up to 12 weeks of leave in a 24-month period for the birth or adoption of a child or the serious health condition of a child, spouse, parent, parent-in-law, or partner in a civil union. The most significant differences between the federal Act are: (1) the NJFLA doesn t cover one s own serious health condition; and (2) in order for employees to be eligible for the NJFLA, they must be employed for at least 12 months within the state and for 1,000 base hours in the 12-month period immediately preceding leave. (Federal law requires employees to be employed by the employer from whom leave is sought for 12 months and for at least 1,250 hours during the preceding 12-month period.) NJFLA leave need not be paid. New Jersey also has a Paid Family Leave Act. The law requires to provide eligible employees up to six weeks of family leave benefits to care for sick family members or a newborn or newly adopted child. employees are eligible for two-thirds of their average weekly wage up to $584 per week. Paid family leave is not available for an employee s own serious health condition, which may be covered by New Jersey s statutory temporary disability benefits. Employers are responsible for remitting to the state the employee tax authorized by this program. The New Jersey Security and Financial Empowerment Act (NJ SAFE Act) provides 20 days of unpaid leave time for an employee who is the victim of domestic violence or sexual assault or whose child, parent, spouse, domestic partner, or civil union partner was the victim, within one year of the incident of domestic violence or sexual assault. Leave may be taken on a reduced schedule or intermittent leave basis in intervals of no less than one day. Eligible employees must have been employed for at least 12 months and at least 1,000 base hours during the 12-month period immediately preceding the leave. If leave is foreseeable, the employee must provide the employer with written notice of the need for the leave. The notice must be provided to the employer as far in advance as is reasonable and practical under the circumstances. Employers must display conspicuous notice of its employees rights and obligations under the Act in a form yet to be prescribed by the Commissioner of Labor and Workforce Development, and use other appropriate means to keep employees informed. An employer may require that an employee requesting leave provide documentation of the domestic violence or sexually violent offense which is the basis for the leave. Citation: New Jersey Family Leave Act: N.J.S.A. 34:11B-1 et seq. Also, Callari v. Rehau Inc., 14 F. Supp. 2d 620 (D. N.J. 1998) (the District of New Jersey interpretation that the FLA s 50 employees requirement covers all who have at least one employee in New Jersey). Paid Family Leave Act: N.J.S.A et seq. Family Leave Act: All with 50 or more employees regardless of whether some are located outside the Paid Family Leave Act: Any entity that employs one or more individuals and pays the individual(s) at least $1,000 in the current or preceding calendar year. NJ SAFE Act: Public and private with 25 or more employees. NM The Promoting Financial Independence for Victims of Domestic Abuse Act provides intermittent leave time for up to 14 days in any calendar year and up to eight hours in one day for employees to seek court protection, attend court proceedings, meet with law enforcement officials, or consult with an attorney in connection with domestic abuse of the employee or family member of the employee. The Act also prohibits retaliation against employees for exercising rights related to domestic abuse leave. Citation: Promoting Financial Independence for Victims of Domestic Abuse Act, NMSA 1978, 50-4A-1 through 50-4A-8. All. Page 9 of 16 BLR-Business & Legal Resources

10 Law Chart Builder NY Private : There currently is no New York state law requiring to provide employees sick leave, paid or unpaid. However, as part of the 2016 budget, approved by Governor Cuomo, New York will require to begin providing employees with up to 12 weeks of paid sick leave beginning in Employers must provide the same leave and terms of leave to employees who take a leave of absence for the birth of a child, an adoption, or commencement of the parent-child relationship. Unlike federal law, state law doesn t provide for leave for the care of a seriously ill family member or the employee s own serious health condition. No maximum or minimum time requirements are included in the law, but the leave must be the same for birth and adoptive parents. Paid leave isn t required, but if provided, it must be the same for birth and adoptive parents. law doesn t provide protection to employees with respect to seniority or benefits, and it doesn t guarantee employment on return. It also has no notification or certification requirements. Additionally, New York has a bone marrow donation leave law (NY Labor Law 202-a) and a blood donation leave law (NY Labor Law 202-j). New York City has an earned sick leave ordinance requiring with 5 or more employees to provide up to 40 hours of paid sick leave per calendar year to eligible employees working in the City. Paid sick leave may be used for the employee s own mental or physical illness, injury, or health condition, or the need for the employee to seek preventive medical care, as well as for care of a family member in need of such diagnosis, care, treatment, or preventive medical care, or for closure of the place of business because of a public health emergency, as declared by a public health official, or the employee s need to care for a child whose school or childcare provider has been closed because of such a declared emergency (N.Y. City Admin. Code ). Public : All employees are eligible for leave to undertake a screening for breast cancer. Male employees are eligible for leave to undertake a screening for prostate cancer. (N.Y. Civ. Serv. Law 159-c.) Classified service employees and employees of state departments and institutions are eligible for leave because of pregnancy or childbirth. Citation: Private : NY Labor Law 201-c; N.Y. City Admin. Code Public : NY Civ. Serv. Law 22.1, 29.1 All. NC No requirements beyond federal law. There is no ND North Dakota has no state law equivalent to the federal Act (FMLA) applicable to private. But it does have an equivalent applicable to state-government employees offering 12 weeks of leave for family or medical leave purposes similar to the FMLA. A significant difference from federal law is that employees may take no more than 80 hours of leave to care for a parent, spouse, or child with a serious health condition in any 12-month period. Additionally, upon approval of the employee's supervisor and pursuant to rules adopted by the director of the office of management and budget, the employee may take, in any 12-month period, up to an additional 10 percent of the employee's accrued sick leave to care for the employee's child, spouse, or parent if the child, spouse, or parent has a serious health condition. Employees are to be compensated as they would be if leave had been taken because of the employee's own illness. Citation: N.D.C.C and N.D.A.C Page 10 of 16 BLR-Business & Legal Resources

11 Law Chart Builder OH Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work. An employer does not have to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term or except where medical complications have arisen from the abortion, provided that nothing in this provision precludes an employer from providing abortion benefits or otherwise affects bargaining agreements in regard to abortion. Ohio does not have a mandatory maternity leave requirement. Applying a uniform minimum length of service policy to pregnant employees is permitted. Public have their own set of leave laws as well, including sick leave, personal leave, disability leave benefits, bereavement leave, administrative leave without pay, and experimental leave and benefits program. employee EMTs and firefighters also have a separate leave provision. Citation: Pregnancy leave: Ohio Rev. Code , Ohio Admin. Code ; McFee v. Nursing Care Mgmt. of Am., Inc. 126 Ohio St.3d 183 (Ohio 2010). Public : Ohio Rev. Code , , , , , , , , , and EMTs and firefighters: Ohio Rev. Code Pregnancy leave: The state, any political subdivision of the state, any person employing four or more persons within the state, and any person acting directly or indirectly in the interest of an employer. Public : Separate for each citation. EMTs and firefighters: employees who are EMT-basic, EMT-I, first responder, paramedic, or volunteer firefighters. OK The state personnel director may establish rules to permit employees to select any one or a combination of the following types of leave to account for authorized absences covered by the federal Act: leave without pay, accumulated annual and sick leave, annual and sick leave donated by other employees, and compensatory time. For state teachers, the Board of Education shall provide for sick leave for all teachers employed in the district. The plan shall pay teachers in accordance with their contracts as the Board shall determine. Citation: Okla. Stat. Title and ; Okla. Stat. tit. 70, Page 11 of 16 BLR-Business & Legal Resources

12 Law Chart Builder OR In addition to the leave covered by the FMLA, the Oregon Family Leave Act (OFLA) provides leave to care for a spouse, parent, child, parent-in-law, grandparent, or grandchild with a serious health condition, or a child with a nonserious health condition (sick-child leave). OFLA excludes leave due to a workers' compensation injury. OFLA also defines "family member" more broadly than FMLA, to include same-sex domestic partners, in-laws, grandparents, and grandchildren. OFLA allows 12 weeks of unpaid family leave in the 12-month leave year designated by the employer, but there are two exceptions under which more than 12 weeks may be taken: (1) A woman using OFLA leave for pregnancy disability may take up to an additional 12 weeks for any other qualifying OFLA purpose, including a continuation of the pregnancy disability itself, and (2) a man or woman using parental leave may take up to an additional 12 weeks for sick-child leave. A parent must use the entire 12 weeks of parental leave to qualify for another full 12 weeks of sick-child leave. Thus, a woman may potentially use both of the exceptions, enabling her to take as much as 36 weeks of OFLA leave in one leave year. A man may take up to 24 weeks of leave: 12 weeks for the serious health condition of himself or family members, sick-child, or parental leave and 12 additional weeks of sick-child leave. OFLA leave is generally unpaid, but may require employees to use available paid leave. OFLA provides for two weeks of bereavement leave to be taken within 60 days of the employee receiving notice of the death of a family member. Employees must be allowed to use any type of accrued paid leave. Employees also may use accrued sick leave even if the employer's policy wouldn't otherwise allow it. OFLA doesn't require that seniority or other benefits continue to accrue unless continuation or accrual is required under an agreement of the employer and the employee, a collective bargaining agreement, or an employer policy. Employees are entitled to the same benefits and coverage upon reinstatement. OFLA is stricter than FMLA on reinstatement. Effective January 1, 2016, OFLA requires that if group health insurance (including family member coverage) is provided, the benefit must continue during family leave on the same terms as if the employee continued to work. The employee must make regular premium contributions during leave. Employees are entitled to their positions at the time of leave regardless of whether the position has been renamed or reclassified. The exception is that employees aren't entitled to reinstatement when they would have been bumped or displaced from the former position if they hadn't taken leave. If an employee's job has been eliminated, the employer must place him in any "available equivalent position." Citation: ORS 659A.150 et seq. Employers with 25 or more employees in Oregon during each working day of 20 or more calendar workweeks either in the calendar year the leave is taken or in the preceding calendar year. PA No requirements beyond federal law. There is no Page 12 of 16 BLR-Business & Legal Resources

13 Law Chart Builder RI PFMLA. The Rhode Island Parental and Family Medical Leave Act (PFMLA) provides full-time employees who have been with the same employer for 12 consecutive months 13 consecutive workweeks of parental or family leave in any two calendar years. PFMLA leave is unpaid, but employees may be paid while on leave if existing parental or family leave policies allow for paid leave under the circumstances. In no event, however, may the total leave paid and unpaid exceed 13 weeks in a period of two calendar years. PFMLA doesn t authorize employees to take intermittent leave or a reducedschedule, nor does it contain an exception to the restoration rights of key employees. In-laws are included in the definition of family members for whom employees may take leave to take care of if they develop a serious health condition. Domestic partners of state employees are included within the definition of family members for purposes of the PFMLA. Family military leave. Under the Family Military Leave Act, spouses and parents of a person called to military service lasting longer than 30 days who have been employed for at least 12 months and for at least 1,250 hours of service during the 12 months immediately preceding commencement of leave can request leave for up to 15 days (for with 15 to 50 employees) or 30 days (for with more than 50 employees). This leave may be unpaid. The spouse or parent must give at least 14 days notice of intent to take leave for five or more consecutive workdays. However, the spouse or parent cannot take family military leave unless he/she has already exhausted all accrued vacation, personal, compensatory, and other leave, excepting sick and disability leaves. A spouse or parent who exercises this right is entitled to restart his/her position or one at the same seniority level with the same pay and benefits unless there is reason supporting the contrary that is unrelated to the leave taken. The employer must also make benefits available to the spouse or parent during the leave period, even if only at the employee s expense. If an employer interferes with, restrains, or denies the exercise of these rights or discharges, suspends, fires, disciplines, or discriminates against an employee for exercising these rights, the employee may bring a civil action against the employer for relief necessary to redress the violation. Temporary caregiver benefits. The state temporary disability insurance (TDI) benefits provisions are expanded to cover up to four weeks of wage replacement in a benefit year for workers who take time off to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, or grandparent or to bond with a new child, whether through birth, adoption, or foster care. An employer may require an employee who is entitled to leave under the federal FMLA or the Rhode Island Parental and Family Medical Leave Act to take any temporary caregiver benefits received concurrently with any leave taken under the state and federal leave laws. children include biological, adopted, foster or step-children, as well as a legal ward, a son or daughter of a domestic partner, or a son or daughter of an employee who stands in loco parentis to that child. Upon expiration of such leave, the employee shall be restored to his/her previous position or to a position with equivalent seniority, status, pay, etc. During any caregiver leave, must maintain the employee s existing health benefits for the duration of such leave, with the employee only responsible for paying his or her contribution. Employers must provide notice to each new employee hired and to each employee taking leave from work due to pregnancy or the need to provide care for any sick or injured family member or new child. The state will require each employer to post and maintain information regarding the program. Notice and certification by the employee may be required. The law limits the benefit to four weeks per year, however, should an employee suffer his or her own disability or illness the same year as taking temporary caregiver benefits, he or she would also be able to access the full amount of his or her own temporary disability benefits that year, provided the total over the course of the year is no more than 30 weeks of his or her income. Employees cannot file for both temporary caregiver benefits and temporary disability benefts for the same purpose, concurrently. Bonding leave for a new child may only be taken in increments of seven consecutive days or more during the first twelve months of parenting. Citation: R.I.Gen.Laws et seq. (PFMLA); R.I. Gen.Laws et seq. (Family Military Leave Act), et seq. (Temporary Caregiver Benefits); Rhode Island Department of Labor and Training Regulations. PFMLA: Private with 50 or more employees; the state and all state agencies regardless of the number of employees; and cities, towns, and municipal agencies with at least 30 employees. Family military leave: All with 15 or more employees. Temporary caregiver benefits: All with employees who participate in the Rhode Island Temporary Disability Insurance program, which includes private and public which opt-in. SC -government employees are permitted to use up to 10 days accrued sick leave to care for family members who are ill and up to six weeks for the adoption of a child. Citation: S.C. Code Ann and SD employees may donate their vacation leave to another state employee who has a terminally ill family member, to another employee in a lower pay grade. Citation: SDCL 3-6C-15; SDCL 3-6C-13, -14. Page 13 of 16 BLR-Business & Legal Resources

14 Law Chart Builder TN No requirements beyond federal law, but see Chapter 26 on Pregnancy Leave, as Tennessee does have a provision specifically for maternity leave. There is no TX No state requirements for private. -government employees who have a total of 12 months of state service and who have worked 1,250 hours within the 12-month period preceding leave are entitled to leave under the federal Act, but the employee must first use all available and applicable paid vacation and sick leave unless the employee is receiving temporary disability benefits or workers' compensation benefits. Citation: Tex. Government Code UT No requirements beyond federal law. There is no VT Vermont s Parental and Family Leave Act (PFLA) provides employees with up to 12 weeks of unpaid leave for an employee s own serious illness or the serious illness of a family member (including an employee s civil union partner) or for pregnancy, birth, or the adoption of a child under 16. To be eligible, employees must have been continuously employed by the same employer for one year for an average of at least 30 hours per week. Employees, at their discretion, may use up to six weeks of accrued paid leave during PFLA leave. The employer may require that the employee pay the entire cost of the benefits during the leave at the existing rate of employee contribution. The law does not require to allow the accrual of paid vacation and sick time during an unpaid parental leave. All employment benefits continue during leave. In addition to the 12 weeks of unpaid leave, short-term leave is available under the PFLA. Specifically, employees are entitled to four hours of unpaid leave in any 30-day period. The leave can t exceed 24 hours in any 12-month period. The leave may be taken to (1) participate in preschool or school activities; (2) attend or accompany a child, stepchild, foster child, parent, spouse, civil union partner, parent-in-law, or parent of a civil union partner to a routine medical or dental appointment; (3) accompany a parent, spouse, civil union partner, parent-in-law, or parent of a civil union partner to other appointments for professional services related to their care and well-being; or (4) respond to a medical emergency involving an employee s child, stepchild, foster child, parent, spouse, civil union partner, parent-in-law, or parent of a civil union partner. A guide explaining the Vermont law and the differences with federal law is available at Citation: 21 V.S.A. 470 et seq.; Vermont Human Rights Comm. & Stanley v. Vermont Agency of Transp., 2012 VT 45, 191 Vt. 485, 99 A.3d 149. The parental leave provisions (leave for pregnancy, birth, or adoption) apply to with 10 or more employees. The family leave provisions (leave for an employee s own serious illness or the serious illness of a family member) apply to with 15 or more employees. Citation: 21 V.S.A. 471(1). VA No, except agencies that employ workers in the executive branch of the Commonwealth provide employees with sick and family and personal leave under the Virginia Sickness and Disability Program as outlined in Policy No of the Department of Human Resources Management Policies and Procedure Manual. Presently, such employees may use up to 33% of their available sick leave for events that qualify for FMLA family reasons in accordance with Policy, No government; Executive Branch. Page 14 of 16 BLR-Business & Legal Resources