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Tables - State Law

Federal vs. California Family and Medical Leave Laws

Civil Rights Law for Private employers Minimum Paid Rest Period
Workers Compensation laws Minimum Basic Payment/ Frequency of wage payment laws
Medical Benefits Provided By Workers' Compensation Statutes Overtime laws
State Labor office address State Payday Requirements
Minimum Wages for Tipped Employees Minimum Length of Meal Period Required
Federal vs. California Family and Medical Leave Laws Federal vs. Connecticut Family and Medical Leave Laws
Federal vs. Hawaii Family and Medical Leave Laws Federal vs. Maine Family and Medical Leave Laws
Federal vs. Minnesota Family and Medical Leave Laws Federal vs. New Jersey Family and Medical Leave Laws
Federal vs. Oregon Family and Medical Leave Laws Federal vs. Rhode Island Family and Medical Leave Laws
Federal vs. Vermont Family and Medical Leave Laws Federal vs. Washington Family and Medical Leave Laws
Federal vs. Wisconsin Family and Medical Leave Laws

Federal vs. California Family and Medical Leave Laws

On September 23, 2002, the governor signed legislation that will allow employees to take partially paid family leave beginning after July 1, 2004. This paid family leave program will allow workers to take up to six weeks off to care for a newborn, a newly adopted child, or ill family member. Under this new law, employees will be eligible to receive 55 percent of their wages during their absence, up to a maximum of $728.00 per week. These contributions will begin in January 2004. Unlike the unpaid family leave program that exists under the California Family Rights Act, all employers are covered by this legislation, not just those with 50 or more employees. However, also unlike the unpaid family leave program, businesses with under 50 employees are not required to hold a job for a worker who goes on paid family leave.

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 Anyone who directly employs 50 or more Employees The state and any political or civil subdivision of the state and cities 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 Similar to Federal provision, including 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 Similar to Federal provision Under separate statute, State Employees may receive up to 12-months leave for pregnancy, childbirth, or adoption, or care for newborn No requirement that spouses share leave. Under separate statute, employers are required to provide a female employee affected by pregnancy, childbirth, or related medical condition the same benefits as provided employees on temporary disability (for a period of 6 weeks or less). An employee also is entitled to take pregnancy leave for a reasonable period of time not to exceed 4 months.
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 under 18 or a dependant adult child, or spouse with serious health condition, or Employee's own serious health condition Similar to Federal provision
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  
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 Medical physician, surgeon, or osteopathic physician certified by California or licensed in another jurisdiction
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 Leave may be taken in one or more periods not to exceed 12 weeks

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, or family leave for any situation not covered by any Employers' leave plan For family care and medical leave, Employee may elect, or Employer may require, substitution of accrued vacation leave or other accrued time off or other paid or unpaid time off negotiated with the Employer For Employee's own serious health condition (but not other purposes unless the Employer and Employee agree), Employee may use accrued sick leave
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 Similar to Federal provision
Leave Requests 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 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 If need for leave is foreseeable, Employee shall provide reasonable advance notice Similar to Federal provision
Medical Certification May Be Required by Employer for: Request for leave because of serious health condition 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 Request for leave because of serious health condition Employee's fitness to return to work from medical leave as long as practice of requesting a certificate is uniformly applied
Executive, Administrative, and Professional Employees 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