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Family Leave Legislation

August 2006

The federal Family and Medical Leave Act of 1993 requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to employees for a serious illness or to care for a child, spouse or parent. Many states -- both before and since the federal act -- have passed similar protections that often apply more workers than the federal law, differ in the terms of unpaid leave that are required, and provide more specific or additional types of unpaid leave. 20 states are consideration legislation in 2006 regarding family leave. To date, Connecticut, Rhode Island, and Washington are the only states that have passed legislation.

State

Bill

Summary

Last Action

Arizona

HB 2422 /
SB 1204

Relates to payment of benefits. House Second Read, 1/23/06;
To Senate Committee On Rules, 1/19/06
California

AB 227

Requires any employee receiving temporary partial or temporary total disability benefits or necessary medical treatment due to a work-related injury or illness to forfeit the right to receive these benefits and medical treatment if the employee leaves the state for a period exceeding 2 weeks without written authorization of the employer.

Died, 1/31/06
Connecticut

HB 5011

Extends family and medical leave to foster parents who are state employees; provides a leave of absence for state employees due to the serious illness of a foster child, provided such leave does not exceed four weeks during any one-year period.

Assigned Public Act 06-102, 05/11/06
 

SB 22

Extends family and medical leave coverage to state and municipal employees. Gives all state and local employees in Connecticut the benefits of the federal Family and Medical Leave Act.

To Senate Committee on Appropriations, 04/05/06
 

SB 23

Allows state employees to use up to two weeks of accumulated sick leave while on family and medical leave due to the birth or adoption of a child or to care for a seriously ill child, spouse or parent.

To Senate Committee on Labor and Public Employees, 04/25/06
 

SB 463

Permits a state employee to take family and medical leave to care for an ill child who is in the care of the employee, such as a custodial grandparent.

Passed Senate, 04/20/06
Hawaii

HB 2954

Allows an employee to elect to use accrued paid leave, including vacation, personal, or family leave, for any part of the four-week period of family leave provided under the law; relates to family leave.

To House Committee On Labor And Public Employment, 1/30/06
 

SB 2210

Allows an employee to elect to use accrued paid leave, including vacation, personal, or family leave, for any part of the four-week period of family leave provided under the law.

To Senate Committee On Judiciary And Hawaiian Affairs, 2/17/06
Indiana

SB 289

Provides that certain employees are entitled to up to 30 days leave from employment for family military leave when the spouse or a child of the employee is called to active duty in the armed forces of the United States or the national guard.

To Senate Committee On Homeland Security, Utilities And Public Policy, 1/9/06
Kentucky

HB 357

Provides up to 5 days of unpaid family military leave for firms that employ 15 to 50 employees and up to 10 days of unpaid family military leave for firms that employ more than 50 employees.

To Senate Committee On Appropriations And Revenue, 2/13/06
Massachusetts

HB 3121

Establishes family temporary disability benefits and leaves of absence for employees providing care and assistance for family members.

From Joint Committee On Labor And Workforce Development, 1/26/06
 

HB 3771

HD 1039- Requires certain employees to provide unpaid family and medical leave.

From Joint Committee On Labor And Workforce Development, 1/26/06

 

HB 3944

HD 3774- Establishes a paid family and medical leave program.

From Joint Committee On Labor And Workforce Development, 1/26/06

  SB 2535

Provides for legislation to support strong families by providing paid family and medical leave, increasing tax deductions for working families, and establishing a work-family council.

To Senate Committee on Ethics and Rules, 07/11/06
Michigan

HB 5815

Requires medical insurance coverage to continue for dependent students who leave college for medical reasons.

To Senate Committee On Banking and Financial Institutions, 07/26/06
Minnesota

HF 2921 /
SF 2654

Requires leaves of absence for the immediate family members of a seriously injured or killed member of the armed forces.

To House Committee On Taxes, 04/21/06;
To Senate Committee on Finance, 03/23/06
 

HF 3125 /
SF 2837

Requires leaves of absence for the immediate family members of a seriously injured or killed member of the armed forces.

To House Committee On Governmental Operations And Veterans Affairs Policy, 3/2/06;
To Senate Committee on Jobs, Energy and Community Development, 03/08/06

Mississippi

HB 13

Allows state employees to be paid for no more than 30 days at termination of employment.

Died In Committee, 1/31/06
 

HB 87

Removes requirement that state employee must use one day of personal leave before using.

Died In Committee, 1/31/06
Missouri

HB 1902

Eliminates the provision requiring an employee to take paid leave, personal leave, or medical or sick leave to attend to medical treatment or evaluations or physical rehabilitation during work time.

To House Committee on Workforce Development and Workplace Safety, 05/12/06
New Jersey

AB 1518

Provides family leave insurance.

To Assembly Committee On Labor, 1/10/06
 

AB 1529

Sets and enforces minimum standards for paid time off from work for family leave.

To Assembly Committee On Labor, 1/10/06
 

AB 2427

Provides benefits for family temporary disability leave.

To Assembly Committee On Labor, 2/6/06
 

AB 2437

Provides for school and medical family leave.

To Assembly Committee On Labor, 2/6/06
New York

AB 1301

Allows seven days of unpaid leave for families for the purpose of bereavement in connection with the death of an immediate family or household member or to provide care to an immediate family or household member.

Amended on Third Reading, 06/13/06
 

AB 2673

Allows employees to utilize accrued and available sick leave to provide care to immediate family, household members or domestic partners.

To Senate Committee On Labor, 2/28/06
 

AB 10142 /
SB 2836

Establishes the Family and Medical Leave Independent Savings Account.

Held for consideration in Assembly Committee On Labor, 06/06/06;
To Senate Committee on Labor, 01/04/06
  SB 1501

Enacts the "families in the workplace act"; provides for unpaid leave for families for the purpose of meeting with a child’s teacher or administrator, for the purpose of bereavement in connection with the death of an immediate family or household member or to provide care to an immediate family or household member; provides that such leave shall be limited to seven days per calendar year.

To Senate Committee on Labor, 06/21/06
North Carolina HB 2746 /
SB 2007
Authorizes the legislative research commission to study the feasibility of the State providing family leave for employees and state policies relating to the voluntary sick leave bank for public school employees

To House Committee on Rules, Calendar, and Operations of the House, 05/29/06;
To Senate Committee on Rules and Operations of the Senate, 05/26/06

Rhode Island 

HB 7804

 

Amends statutes on health insurance coverage, family leave and income tax to include domestic partners.

Effective without Governor's signature, 06/28/06
 

HB 7806

Clarify that a cause of action exists against the state of Rhode Island by state employees and other parties seeking to enforce rights with respect to certain statutes, including The Rhode Island Parental and Family Medical Leave Act.

Continued, 05/09/06
 

SB 2713

Amends statutes on health insurance coverage, family leave and income tax to include domestic partners.

Effective without Governor's signature, 07/04/06
Tennessee HB 984 /
SB 1312

Creates the “Tennessee Family Medical Leave Act”; prohibits an employer from refusing to allow a female employee disabled by pregnancy, childbirth, or related medical conditions to take a reasonable period of leave; and prohibits an employer from refusing to provide reasonable accommodation or transfer for conditions related to pregnancy, childbirth, or related conditions, if the employee requests such accommodation or transfer upon her health care provider's advice.

In House Committee on Consumer and Employee Affairs: 03/29/06;
To Senate Committee on Commerce, Labor & Agriculture, 04/12/06
Vermont

SB 274

Clarifies the family leave law.

To Senate Committee On Economic Development, Housing And General Affairs, 1/10/06

Washington

HB 2392

Modifies the Family and Medical Leave Act.

To House Committee on Rules, 02/14/06
 

SB 6185

Provides that an employee is entitled to a total of twelve work weeks of leave during any twelve-month period for the birth of a child, adoption or to care for a family member.

Signed By Governor, Chapter 59, 3/15/06

West Virginia

SB 666

Allows use of accumulated sick leave for family leave

To House Committee On Judiciary, 03/08/06
Wisconsin AB 867

Provides that an employee who is granted family or medical leave is ineligible to receive benefits as of the first full week affected by a leave; provides that for any week in which a leave occurs after the beginning of the week or any week in which a leave ends after the beginning of the week, an employee is treated as partially unemployed for purposes of benefit computation.

Failed to Pass, 05/11/06

Source: LexisNexis bill tracking of StateNet database, copyright StateNet, Information for Public Affairs.

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