| |
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 and public Employers
of 10 or more for purposes of parental leave
Private and public Employers of 15 or more
for purposes of family leave
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 |
Employees worked an average
of 30 hours per week for one year
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 |
12 weeks in a 12-month period
for family or parental leave, i.e., serious
illness of the Employee or the Employee's child,
stepchild or ward of the Employee who lives
with the Employee, parent, spouse, or parent
of Employee's spouse; birth of the Employee's
child or adoption placement.
Additionally, Employees are allowed "short-time
family leave," 4 hours in any 30-day period
and not to exceed 24 hours in any 12-month period
in order to respond to a medical emergency involving
the Employee's child or ward who lives with
the Employee or the Employee's parent, spouse,
or parent-in-law. This leave may also be used
for certain preschool or school activities,
routine medical and dental appointments, or
other professional services related to their
well-being.
No provision requiring spouses to share leave
Employee permitted to waive any or all rights
by informed, voluntary agreement with Employer
|
| 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,
additionally including 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 |
An accident, serious illness,
disease, or mental condition that 1) poses imminent
danger of death, 2) requires inpatient care
in a hospital, or 3) requires continuing in-home
care under the direction of a physician |
| 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 provision |
| 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, but short-term
family leave (discussed above) requires Employees
to make reasonable attempt to schedule appointments
outside regular work hours and to provide earliest
possible notice |
| 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 |
Employee has option of using
accrued sick, vacation, or other paid leave,
not to exceed 6 weeks |
| 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 |
Employer not required to offer
Employee return to work if Employee performed
unique services and hiring a permanent replacement
during the leave after giving reasonable notice
to the Employee of intent to do so was only
alternative available to Employer to prevent
substantial and grievous economic injury |
| Maintenance of Health Benefits
During Leave |
Health insurance must be continued
under same conditions as prior to leave |
Employer is to continue all
employment benefits; Employee may be required
to pay entire cost of benefits during the leave
at existing Employee rate of contribution. |
| 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
|
Made by Employee with reasonable
notice.
For adoption placement or birth, Employer may
not require more than 6 weeks advance notice |
| 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 |
Employer may request certification
from a physician for serious illness.
No specific provision relating to Employee
certification for return to work |
| 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 |
