| |
FEDERAL ELEMENTS |
STATE ELEMENTS |
| Employer Covered |
Private Employers of 50 or more
Employees in at least 20 weeks of the current
or preceding year
Public agencies, including state, local, and
Federal Employers
Local education agencies covered under special
provisions |
Private Employers of 50 or more
Employees
Any State agency. Any city, town, or municipal
agency that employs 30 or more Employees
No special provision for education agencies |
| Employees Eligible |
Worked for Employer for at least
12 months - which need not be consecutive; worked
at least 1,250 hours for Employer during 12
months preceding leave; and employed at Employer
worksite with 50 or more Employees or within
75 miles of Employer worksites with a total
of 50 or more Employees |
Any full-time Employees working
on average 30 or more hours per week for 12
consecutive months (1560 hours)
No worksite proviso |
| Leave Amount |
Up to a total of 12 weeks during
a 12-month period; however, leave for birth,
adoption, foster care, or to care for a parent
with a serious health condition must be shared
by spouses working for same Employer |
13 consecutive weeks in any
2 calendar years |
| Type of Leave |
Unpaid leave for birth, placement
of child for adoption or foster care, to provide
care for Employee's own parent (including individuals
who exercise parental responsibility under state
law), child, or spouse with serious health condition,
or Employee's own serious health condition |
Similar to federal provision,
but includes care for parents-in-law |
| Serious Health Condition |
Illness, injury, impairment,
or physical or mental condition involving incapacity
or treatment connected with inpatient care in
hospital, hospice, or residential medical-care
facility; or, continuing treatment by a health
care provider involving a period of incapacity:
(1) requiring absence of more than 3 consecutive
calendar days from work, school, or other activities;
(2) due to a chronic or long-term condition
for which treatment may be ineffective; (3)
absences to receive multiple treatments (including
recovery periods) for a condition that if left
untreated likely would result in incapacity
of more than 3 days; or (4) due to any incapacity
related to pregnancy or for prenatal care |
Similar to Federal provision,
but no specific provision regarding prenatal
care |
| Health Care Provider |
Doctors of medicine or osteopathy
authorized to practice medicine or surgery;
podiatrists, dentists, clinical psychologists,
clinical social workers, optometrists, chiropractors
(limited to manual manipulation of spine to
correct subluxation shown to exist by x-ray),
nurse practitioners, and nurse-midwives, if
authorized to practice under State law and consistent
with the scope of their authorization; Christian
Science practitioners listed with the First
Church of Christ, Scientist in Boston, MA; any
provider so recognized by the Employer or its
group health plan's benefits manager; and any
health provider listed above who practices and
is authorized to practice in a country other
than the United States |
No specific definition |
| Intermittent Leave |
Permitted for serious health
condition when medically necessary. Not permitted
for care of newborn or new placement by adoption
or foster care unless Employer agrees |
No specific provision |
| Substitution of Paid Leave |
Employees may elect or Employers
may require accrued paid leave to be substituted
in some cases. No limits on substituting paid
vacation or personal leave. An Employee may
not substitute paid sick, medical, of family
leave for any situation not covered by any Employers'
leave plan |
Paid leave may be substituted |
| Reinstatement Rights |
Must be restored to same position
or one equivalent to it in all benefits and
other terms and conditions of employment |
Similar to Federal provision
|
| Key Employee Exception |
Limited exception for salaried
Employees if among highest paid 10%, within
75 miles of worksites, restoration would lead
to grievous economic harm to Employer, and other
conditions met |
Similar to Federal provision
|
| Maintenance of Health Benefits
During Leave |
Health insurance must be continued
under same conditions as prior to leave |
Health benefits must be maintained
for duration of leave; Employee to pay total
cost of premium prior to commencement of leave
with payment to be returned by Employer within
10 days of return to work |
| Leave Requests |
If due to a planned medical
treatment or for intermittent leave, the Employee,
subject to health care provider's approval,
shall make a reasonable effort to schedule it
in a way that does not unduly disrupt Employer's
operation |
Employee shall give at least
30 days notice unless prevented by medical emergency
No provision relating to scheduling |
| Medical Certification May Be
Required by Employer for: |
To be made by Employee at least
30 days prior to date leave is to begin where
need is known in advance or, where not foreseeable,
as soon as practicable.
To demonstrate Employee's fitness to return
to work from medical leave where Employer has
a uniformly applied practice or policy to require
such certification |
For leave where Employee is
under physician's care
No provision relating to certification for
return of Employee to work |
| Executive, Administrative, and
Professional Employees |
Request for leave because of
serious health condition
Such individuals are entitled to FMLA benefits.
However, their use of FMLA leave does not change
their status under the Fair Labor Standards
Act (FLSA), i.e., an Employer, does not lose
its exemption from the FLSA's minimum wage and
overtime requirements. |
No specific provision |
