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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 and units
of local government who have employed a daily
average of 100 or more Employees during the
last calendar quarter within a 20 mile radius
of the place where the Employee requesting leave
reports for work, or the Employer employed a
daily average of 100 Employees during the last
calendar quarter within 20 miles of where the
requesting Employee reports for work, where
the Employer maintains a central hiring location
and customarily transfers the workers among
workplaces
All State agencies
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 |
Employed by the Employer on
a continuous basis for the previous 52 weeks
for at least 35 hours per week
See above for 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 within 24 months, but
note that FMLA leave shall be in addition to
any leave because of childbirth or illness during
pregnancy
Spouses required to share leave |
| 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 |
Birth, adoption of a child under
age 6, or to provide care for a child under
18 with a terminal health condition |
| 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 |
Care of a child with a terminal
health condition |
| 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 |
Licensed physician, osteopathic
physician, or surgeon
|
| 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 |
Reduced leave schedule is allowed |
| 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 |
Employer may permit substitution
of accrued paid leave |
| Reinstatement Rights |
Must be restored to same position
or one equivalent to it in all benefits and
other terms and conditions of employment |
Right to be returned to an equivalent
position in a workplace within 20 miles of the
Employee's previous workplace |
| 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 |
Allows Employer to exempt highest
paid 10% of Employees or up to 10% of workforce
designated as key personnel |
| Maintenance of Health Benefits
During Leave |
Health insurance must be continued
under same conditions as prior to leave |
If Employer contributions to
medical or dental benefits are not Required
by Employer policy or collective bargaining
agreement, Employee may continue coverage at
own expense. Employee's expense cannot exceed
102% of the applicable premium |
| 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
|
30 days in advance for birth
or adoption unless birth is premature, placement
is unanticipated or mother is incapacitated
to a point where she cannot care for the child.
With these conditions, notice should be as soon
as possible but at least within 1 working day
of the event. 14 days is required for foreseeable
family leave or within 1 working day where it
is not foreseeable |
| 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
because of child's birth or terminal illness
No provision relating to certification of fitness
to 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 similar provision |
