State Family and Medical Leave Laws

9/21/2020

Overview

Family Leave: The federal Family Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave during a 12-month period to care for a newborn, adopted or foster child, or to care for a family member, or to attend to the employee’s own serious medical health condition. The law applies to private employers with 50 or more employees. The FMLA also allows states to set standards that are more expansive than the federal law and many states have chosen to do so. The table below includes the statutory provisions of states with their own family leave laws, including California, Connecticut, D.C., Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin, most of which have expanded either the amount of leave available or the classes of persons for whom leave may be taken.

Paid Family Leave: Only four states—California, New Jersey, New York and Rhode Islandcurrently offer paid family and medical leave. All four state programs are funded through employee-paid payroll taxes and administered through their respective disability programs. The state of Washington passed a paid family leave law in 2007, originally to take effect in October 2009, but the law was never implemented and subsequent legislation has indefinitely postponed its implementation. (See our paid family leave page for more details.)

Paid Sick Leave: Five states currently require paid sick leave. In 2011, Connecticut became the first state to require private sector employers to provide paid sick leave to their employees. California became the second state to enact paid sick requirements, with the passage of the Healthy Workplace, Healthy Families Act of 2014. Massachusetts voters approved the Earned Sick Time for Employees ballot measure during the 2014 election, and the Oregon and Vermont legislatures enacted paid sick leave laws in 2015 and 2016, respectively (see our sick leave page for more details.)

School/Parental Leave: A small number of states provide for a limited number of hours annually for parents to attend school-related events and activities for their children: California/40 hours, DC/24 hours, Illinois/eight hours, Louisiana/16 hours, Massachusetts/24 hours, Minnesota/16 hours, North Carolina/four hours, Rhode Island/10 hours, Vermont/12 hours. Nevada makes it unlawful to terminate an employee for using leave to attend a child’s school-related activities.

State Family Medical Leave Leave Laws

State Family Medical Leave Leave Laws
State Coverage/Eligibility Family Medical Leave Provisions
(unpaid unless noted)
Provides Leave
to Care for
California
(unpaid)
Private employers with 50 or more employees and all public sector employers. Up to 12 weeks of unpaid family leave plus 4 months of maternity disability may be combined for a total of 28 weeks per year. Child, spouse, parent, domestic partner, child of domestic partner, stepparent, grandparent, grandchild, sibling, or parent-in-law.
California
(paid)
Employees who have worked for an employer for at least 12 months, and who have 1250 hours of service during the 12 months prior to the leave. The California Paid Family Leave insurance program provides up to 6 weeks of paid leave to care for a seriously ill child, spouse, parent, or registered domestic partner, or to bond with a new child. The benefit amount is approximately 55% of an employee’s weekly wage, from a minimum of $50 to a maximum of $1067. The program is funded through employee-paid payroll taxes and is administered through the state’s disability program. Child, spouse, parent or registered domestic partner.
Connecticut All employers with 75 or more employees, except private or parochial elementary or secondary schools. Employees who have 1,000 hours service with an employer during the 12-month period before the leave. Up to 16 weeks in two years for the birth or adoption of a child, placement of child for foster care, to care for a family member with a serious medical condition, for the serious medical condition of the employee, or to serve as an organ or bone marrow donor. Child, spouse, parent, civil union partner, parent-in-law or stepparent.
D.C. Any public or private employer. Employees who have at least 1,000 hours of service with an employer during the 12-month period prior to leave. Up to 16 weeks of family leave, plus 16 weeks of medical leave for employee's own serious health condition during a two-year period. Leave must be shared by family members working for the same employer. All relatives by blood, legal custody, or marriage, and anyone with whom an employee lives and has a committed relationship.
Hawaii Private employers with 100 or more employees. Excludes public employees. Employees who have worked for six consecutive months. Up to four weeks per year. Permits intermittent leave for birth, adoption placement, and to care for a family member with a serious health condition. Does not apply to employee's own health condition or placement of a foster child.  Does not require spouses to share leave.  Child, spouse, parent, in-laws, grandparents, grandparents-in-law, stepparent or reciprocal beneficiary.
Maine Private employers with 15 or more employees; all state employers, and local governments with 25 or more employees< Up to 10 weeks in two years for the birth of a child or adoption of a child age 16 or younger. Includes leave to be an organ donor.  Does not require spouses to share leave.  Child, spouse, parent, sibling who lives with employee, civil union partner, child of civil union partner, or non-dependent adult child.
Massachusetts Employers with 50 or more employees.  Up to 24 hours per year leave to participate in children's educational activities or accompany a child, spouse, or elderly relative to routine medical appointments, under the Small Necessities Leave Act.  
Minnesota All employers with 21 or more employees. An employee who has worked for an employer for at least 12 consecutive months immediately preceding the request, and whose average number of hours per week equal one-half of a full-time equivalent position. All employers with at least one employee for school activities leave only. Up to six weeks for the birth or adoption of a child. Does not require spouses to share leave. Permits employees to use personal sick leave benefits to care for an ill or injured child on the same terms as for the employee's own use. Up to 10 working days when a person's parent, child, grandparents, siblings, or spouse who is a member of the United States armed forces, has been injured or killed while in active service. Up to 40 hours to undergo a medical procedure to donate bone marrow or to donate an organ or partial organ. Child, spouse, parent, grandparent or sibling.
New Jersey
(unpaid)
All employers with 50 or more employees. Employees who have worked for an employer for 12 months and who have at least 1,000 hours of service during those 12 months. Unpaid leave of up to 12 weeks in 24 months, not to exceed more than six weeks in 12 months, to care for a child anytime during the first year after that child’s birth or adoption, or to care for a seriously ill child, spouse, parent or domestic partner. Does not provide leave for the employee's own serious health condition.  Intermittent leave is limited to 42 days in 12 months. Does not require spouses to share leave.< Child, spouse, parent, in-laws or domestic partner.
New Jersey
(paid)
Employees who have worked 20 calendar weeks or who have earned at least 1,000 times the state minimum wage during the 52 weeks prior to leave. Paid leave provides up to two-thirds of wages up to $524/week for 6 weeks. Provides that any Paid Family Leave runs concurrently with FMLA or NJFLA and that other types of available leave must be used before taking paid family leave. Provides that leave may be paid, unpaid or a combination of both.  Child, parent, parent-in-law, grandparent, spouse or domestic partner
New York (eff. Jan 1, 2018)
(paid)
All private employers. Employees, full-time or part-time, who have worked 26 or more consecutive weeks for a covered employer. Public employers have the choice to opt in. The maximum leave allowed over every 52 week period is increased over a period of four years. Starting Jan.1, 2018, the maximum leave period is eight weeks. From Jan. 1, 2019 to Jan. 1, 2020 the maximum leave period is 10 weeks, and becomes 12 weeks starting Jan. 1, 2021. The maximum benefit amount is 50% of an employee's average weekly wage or 50% of the state average weekly wage starting in 2018. It increases annually to 55% in 2019, 60% in 2020, and 67% in 2022.  Child, spouse, parent, parent-in-law, step-parent, grandparent, grandchild, domestic partner, or a person with whom the employee has or had an in loco parentis relationship.
Oregon All employers with 25 or more employees. Employees who have worked at least 25 hours per week in the past 180 days.  Up to 12 weeks per year. An additional 12 weeks per year is available to care for the employee's ill or injured child who does not have a serious health condition but who requires home care.  Prohibits two family members working for the same employer from taking concurrent family leave except under certain conditions. Allows an employee to substitute any available paid vacation or sick leave.  Allows leave to be used to deal with the death of a family member. Child, spouse, parent, grandparent, grandchild or parent-in-law, or a person with whom the employee has or had an in loco parentis relationship.<
Rhode Island
(unpaid)
Private employers with 50 or more employees. All state government employers. Local governments with 30 or more employees. Full-time employees who have been employed for 12 consecutive months and who work an average of 30 or more hours per week. Up to 13 weeks in two years for the birth or adoption of a child age 16 or younger, or to care for a parent, child, spouse or in-law with a serious medical condition. Child, spouse, parent, employee's spouse's parent.
Rhode Island
(paid)
All private sector employers and public sector employers who opt into the program. The Rhode Island Temporary Caregiver Insurance Program provides four weeks of paid leave for the birth, adoption or fostering of a new child or to care for a family member with a serious health condition; and up to 30 weeks of paid leave for a worker’s own disability. The program is funded by employee payroll taxes and administered through the state’s temporary disability program. It provides a minimum benefit of $72 and maximum of $752 per week, based on earnings. Child, parent, parent-in-law, grandparent, spouse, domestic partner
Vermont All employers with 10 or more employees for leaves associated with a new child or adoption. All employers with 15 or more employees for leaves related to a family member's or employee's own serious medical condition. Employees who have worked for an employer for one year for an average of 30 or more hours per week. Up to 12 weeks in 12 months for parental or family leave. Allows the employee to substitute available sick, vacation, or other paid leave, not to exceed 6 weeks. Does not require spouses to share leave. Provides an additional 24 hours in 12 months to attend to the routine or emergency medical needs of a child, spouse, parent, or parent-in-law or to participate in children's educational activities. Limits this leave to no more than four hours in any 30-day period. Child, spouse, parent, parent-in-law.
Washington All employers. An employee who has been employed for at least 680 hours during his or her qualifying year. Washington Family Leave Act provides up to a total of twelve weeks of leave during any 12-month period for the birth of a child, the placement of a child for adoption or foster care, to care for a family member with a serious health condition, or because of a serious health condition that makes the employee unable to perform the functions of the job.
Washington Family Care Act allows workers with available paid sick leave or other paid time off to use that leave to care for a sick child with a routine illness; a spouse, registered domestic partner, parent, parent-in-law, or grandparent with a serious or emergency health condition; and an adult child with a disability.
Note: The Washington Family and Medical Leave Insurance Act, passed in 2007, and which established a paid family leave insurance program was never implemented and has been indefinitely postponed by subsequent legislation.
Child, spouse, parent, parent-in-law, grandparent or state registered domestic partner.
Wisconsin Employers who employ at least 50 individuals on a permanent basis, including any state government entity. An employee who has been employed by the same employer for more than 52 consecutive weeks and who has at least 1,000 hours of service during that time. Up to six weeks of leave for the birth or adoption of a child; up to two weeks of leave care of a child, spouse, parent, domestic partner or parent of a domestic partner with a serious health condition; and up to two weeks of leave for the employee's own serious health condition. Does not require spouses to share leave. Allows an employee to substitute employer-provided paid or unpaid leave for portions of family or medical leave. Child, spouse, parent, domestic partner or parent of a domestic partner.

 

School-Related Parental Leave
State School-Related Parental Leave
California Up to 40 hours per year, but no more than eight hours per month, to participate in children's educational activities.
Colorado The Colorado Small Necessities Leave allows employees who are the parents or legal guardians of children in grades K-12 to take up to six hours of unpaid leave in any month, up to a total of 18 hours in any school year, to attend school-related activities or parent-teacher conferences.
D.C. Up to 24 hours per year to participate in children's educational activities.
Illinois Up to eight hours per school year, but no more than four hours on any day to attend a child's school activities, and only when no other type of employee leave is available.
Louisiana Up to 16 hours per year at the employer's discretion to participate in children's educational activities. Allows an employee to use any types of accrued leave to participate in his or her children's educational activities. 
Massachusetts Up to 24 hours per year leave to participate in children's educational activities or accompany a child, spouse, or elderly relative to routine medical appointments, under the Small Necessities Leave Act.
Minnesota Up to 16 hours per year to participate in children's educational activities.
Nevada Makes it unlawful to terminate an employee for attending school conferences or for receiving notification of a child's emergency at work.  
North Carolina Up to four hours per year to participate in children's educational activities.
Rhode Island Up to 10 hours per year to participate in children's educational activities.
Vermont Provides an additional 24 hours in 12 months to attend to the routine or emergency medical needs of a child, spouse, parent, or parent-in-law or to participate in children's educational activities.  Limits this leave to no more than four hours in any 30-day period.

 
Sources: Westlaw 50-state statute searches, Westlaw 50-state surveys, StateNet bill tracking, state legislative websites.  Compiled September 2008, updated September 2009, updated November 2011, updated December 2012, December 2013, December 2014.


 

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Family Medical Leave

DC PR MP GU AS VI AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

 Family Medical Leave

Pregnancy Only

 COVID-19

N/A

USA FlagMultiple bills related to paid and unpaid family and medical leave were introduced by over 30 states in the last several years. These bills fall into three main categories: Family Medical Leave, states who only have pregnancy leave statutes, and, in response to the 2020 pandemic, COVID-19 specific statutes.

 Arkansas

AR flag

Overview
If an employer permits maternity or paternity leave for biological parents after the birth of their child, the employer must permit this leave for adoptive parents when an adopted child is placed in their home if they request the leave.

Coverage
Public and private employers are covered by the maternity and paternity leave provisions. This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. A

Reasons for Leave
If an employer permits maternity or paternity leave for biological parents after the birth of their child, the employer must permit this leave for adoptive parents when an adopted child is placed in their home if they request the leave. However, this requirement doesn't apply to an adoption by a custodial parent's spouse, an adoption of a person over age 18, or an adoption of a foster child by the child's foster parents. 

Leave Amount
If an employer permits maternity or paternity leave for biological parents after the birth of their child, the employer must permit this leave for adoptive parents when an adopted child is placed in their home if they request the leave. Employers must consider requests for additional leave, due to the placement of an adopted child who is ill or has a disability, on the same basis as comparable requests due to employees' or their spouse's childbirth complications.

Pay and Benefits
Employer-provided benefits, such as job or pay guarantees, must be equally available to biological and adoptive parents.

Reference Citations
Ark. Code Ann. § 9-9-105

Web References
Arkansas Laws: http://www.state.ar.us/

 Wisconsin

WI flag

Coverage/Eligibility
Employers who employ at least 50 individuals on a permanent basis, including any state government entity. An employee who has been employed by the same employer for more than 52 consecutive weeks and who has at least 1,000 hours of service during that time.

Family Medical Leave Provisions (unpaid unless noted)
Up to six weeks of leave for the birth or adoption of a child; up to two weeks of leave care of a child, spouse, parent, domestic partner or parent of a domestic partner with a serious health condition; and up to two weeks of leave for the employee's own serious health condition. Does not require spouses to share leave. Allows an employee to substitute employer-provided paid or unpaid leave for portions of family or medical leave.

Provides Leave to Care for
Child, spouse, parent, domestic partner or parent of a domestic partner

 Washington

WA flag

Coverage/Eligibility
All employers. An employee who has been employed for at least 680 hours during his or her qualifying year.

Family Medical Leave Provisions (paid)
Washington Family Leave Act provides up to a total of twelve weeks of leave during any 12-month period for the birth of a child, the placement of a child for adoption or foster care, to care for a family member with a serious health condition, or because of a serious health condition that makes the employee unable to perform the functions of the job.

Washington Family Care Act allows workers with available paid sick leave or other paid time off to use that leave to care for a sick child with a routine illness; a spouse, registered domestic partner, parent, parent-in-law, or grandparent with a serious or emergency health condition; and an adult child with a disability.

Note: The Washington Family and Medical Leave Insurance Act, passed in 2007, and which established a paid family leave insurance program was never implemented and has been indefinitely postponed by subsequent legislation.

Provides Leave to Care for
Child, spouse, parent, parent-in-law, grandparent or state registered domestic partner.

 Vermont

VT flag

Coverage/Eligibility
All employers with 10 or more employees for leaves associated with a new child or adoption. All employers with 15 or more employees for leaves related to a family member's or employee's own serious medical condition. Employees who have worked for an employer for one year for an average of 30 or more hours per week.

Family Medical Leave Provisions (unpaid unless noted)
Up to 12 weeks in 12 months for parental or family leave. Allows the employee to substitute available sick, vacation, or other paid leave, not to exceed 6 weeks. Does not require spouses to share leave. Provides an additional 24 hours in 12 months to attend to the routine or emergency medical needs of a child, spouse, parent, or parent-in-law or to participate in children's educational activities. Limits this leave to no more than four hours in any 30-day period.

Provides Leave to Care for
Child, spouse, parent, parent-in-law.

 Oregon

OR flag

Coverage/Eligibility
Private employers with 50 or more employees and all public sector employers.

Family Medical Leave Provisions (unpaid unless noted)
Up to 12 weeks per year. An additional 12 weeks per year is available to care for the employee's ill or injured child who does not have a serious health condition but who requires home care.  Prohibits two family members working for the same employer from taking concurrent family leave except under certain conditions. Allows an employee to substitute any available paid vacation or sick leave.  Allows leave to be used to deal with the death of a family member.

Provides Leave to Care for
Child, spouse, parent, grandparent, grandchild or parent-in-law, or a person with whom the employee has or had an in loco parentis relationship.

 Massachusetts

MA flag

Coverage/Eligibility
Employers with 50 or more employees.
 
Family Medical Leave Provisions (unpaid unless noted)

Up to 24 hours per year leave to participate in children's educational activities or accompany a child, spouse, or elderly relative to routine medical appointments, under the Small Necessities Leave Act.

 California

CA flag

California
(unpaid) 

Coverage/Eligibility
Private employers with 50 or more employees and all public sector employers.

Family Medical Leave Provisions (unpaid unless noted)
Up to 12 weeks of unpaid family leave plus 4 months of maternity disability may be combined for a total of 28 weeks per year.

Provides Leave to Care for
Child, spouse, parent, domestic partner, child of domestic partner, stepparent, grandparent, grandchild, sibling, or parent-in-law.

California
(paid)

Coverage/Eligibility
Employees who have worked for an employer for at least 12 months, and who have 1250 hours of service during the 12 months prior to the leave.

Family Medical Leave Provisions (unpaid unless noted)
The California Paid Family Leave insurance program provides up to 6 weeks of paid leave to care for a seriously ill child, spouse, parent, or registered domestic partner, or to bond with a new child.

Provides Leave to Care for
Child, spouse, parent or registered domestic partner.

Colorado

CO flag

Overview 
Eligible employees can use their leave under the federal Family and Medical Leave Act to care for their civil union or domestic partner's serious health condition. If an employer allows employees who are biological parents to take maternity or paternity leave following the birth of their child, this leave must be available to employees who are adopting a child. Pregnancy disability leave: This topic is covered in Colorado Pregnancy Disability Leave. 

Coverage 
Family care leave: Employers are covered by the family care law if they meet the definition of “employer” under the federal Family and Medical Leave Act (29 U.S.C. § 2601 et seq.). 

Eligible employees: Employees in Colorado are covered by the family care law if they are employed by a covered employer and are eligible for leave and all benefits authorized by the federal Family and Medical Leave Act (29 U.S.C. § 2601 et seq.). 

[Note: The family care leave law is repealed if federal legislation amends the FMLA to allow employees to use FMLA leave for all of the people described above. The Colorado Department of Labor and Employment will notify the Colorado Revisor of Statutes if this event occurs (Colo. Rev. Stat. § 8-13.3-205).] 

Colo. Rev. Stat. §§ 8-13.3-202 to 8-13.3-203  

Maternity and paternity leave: Public and private employers are covered by the maternity and paternity leave provisions. 

Colo. Rev. Stat. § 19-5-211  

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements 

Reasons for Leave 
Family care leave: Eligible employees can use their FMLA leave to care for the following people who have a serious health condition: 

  • their civil union partner (as defined in Colo. Rev. Stat. § 14-15-103); 
  • their domestic partner if the partnership is registered with the municipality where the person resides or (if applicable) with the state of Colorado; or 
  • their domestic partner if their employer recognizes the person as their domestic partner. 

FMLA leave is leave and all benefits authorized by the federal Family and Medical Leave Act (29 U.S.C. § 2601 et seq.). 

Serious health condition is defined in the FMLA (29 U.S.C. § 2601 et seq.). 

[Note: The family care leave law is repealed if federal legislation amends the FMLA to allow employees to use FMLA leave for all of the people described above. The Colorado Department of Labor and Employment will notify the Colorado Revisor of Statutes if this event occurs (Colo. Rev. Stat. § 8-13.3-205).] 

Colo. Rev. Stat. §§ 8-13.3-202 to 8-13.3-203  

Maternity and paternity leave: If an employer allows employees who are biological parents to take maternity or paternity leave following the birth of their child, the employer must make this leave available upon request to employees who are adopting a child. These provisions don't apply to an adoption by a custodial parent's spouse or to a second-parent adoption. 

Colo. Rev. Stat. § 19-5-211 

Leave Amount 
Family care leave: Family care leave runs concurrently with leave taken under the federal Family and Medical Leave Act (29 U.S.C. § 2601 et seq.). The family care leave law doesn't increase the total amount of leave that employees are entitled to during a 12-month period under the FMLA, the family care leave law, or both. It also doesn't prevent employers from granting employees more leave than they are entitled to during a 12-month period under the FMLA. 

[Note: The family care leave law is repealed if federal legislation amends the FMLA to allow employees to use FMLA leave for all of the people described above. The Colorado Department of Labor and Employment will notify the Colorado Revisor of Statutes if this event occurs (Colo. Rev. Stat. § 8-13.3-205).] 

Colo. Rev. Stat. §§ 8-13.3-202 to 8-13.3-203  

Maternity and paternity leave: If employers have a policy that provides leave for employees who are biological parents, that leave period must be the minimum leave period available to employees who are adoptive parents. Requests for additional leave for the adoption of a child who is ill or has a disability must be considered on the same basis as comparable leave requests for employees' or their spouse's childbirth-related complications. 

Colo. Rev. Stat. § 19-5-211 

Pay and Benefits 
Maternity and paternity leave: Any employer-provided pay, job guarantee, or other benefit must be equally available to employees who are adoptive or biological parents. 

An adopted child must be eligible for enrollment and coverage by any medical or dental insurance held by the child's adoptive parents if, and on the same basis that, such coverage would be available to their biological child. 

Colo. Rev. Stat. § 19-5-211 

Reference Citations 

  • Coverage: Family care leave: Colo. Rev. Stat. §§ 8-13.3-202 to 8-13.3-203 
  • Maternity and paternity leave: Colo. Rev. Stat. § 19-5-211 
  • Reasons for Leave: Family care leave: Colo. Rev. Stat. §§ 8-13.3-202 to 8-13.3-203 
  • Maternity and paternity leave: Colo. Rev. Stat. § 19-5-211 
  • Leave Amount: Family care leave: Colo. Rev. Stat. §§ 8-13.3-202 to 8-13.3-203 
  • Maternity and paternity leave: Colo. Rev. Stat. § 19-5-211 
  • Certification Requirements: Family care leave: Colo. Rev. Stat. §§ 8-13.3-202 to 8-13.3-203 
  • Pay and Benefits: Maternity and paternity leave: Colo. Rev. Stat. § 19-5-211 
  • Return to Work: Maternity and paternity leave: Colo. Rev. Stat. § 19-5-211 
  • Employer Policy Requirements: Maternity and paternity leave: Colo. Rev. Stat. § 19-5-211 
  • Retaliation Prohibition: Maternity and paternity leave: Colo. Rev. Stat. § 19-5-211 
  • Administration/Enforcement: Family care leave: Colo. Rev. Stat. § 8-13.3-204 
  • Penalties/Remedies: Family care leave: Colo. Rev. Stat. § 8-13.3-204 

Web References 
Colorado Laws: https://www.colorado.gov/ 

 Connecticut

CT flag

Overview 
[Note: This summary is affected by 2019 Conn. Acts 19-25 (S.B. 1) (Reg. Sess.). Relevant provisions are effective June 25, 2019; Jan. 1, 2022; and July 1, 2022. Editors will update the summary to reflect the new law.]  

Family and medical leave: Employers must allow eligible employees to use up to 16 workweeks of family and medical leave during a 24-month period for childbirth, adoption or foster-care placement, their own or their family members' serious health conditions, organ or bone marrow donation, or qualifying exigencies related to their family members' current or impending active duty in the U.S. armed forces. They also can use 26 workweeks of this leave during a 12-month period to care for a family member who is a servicemember with a serious injury or illness. 

Paid family and medical leave insurance: Beginning Jan. 1, 2022, but no later than Feb. 1, 2022, eligible employees can receive insurance benefits when they take leave for the birth of their child or the placement of a child with them for adoption or foster care; for their own or their family member's serious health condition; to serve as an organ or bone marrow donor; for qualifying exigencies related to their family member's current or impending active duty in the U.S. armed forces; to care for a family member who is a servicemember with a serious injury or illness; for certain purposes related to their status as a victim of family violence; or for a serious health condition occurring during pregnancy. Benefits are payable for up to 12 weeks in a 12-month period, plus two weeks for a serious health condition occurring during pregnancy. (The program might provide benefits earlier than Jan. 1, 2022, for childbirth and adoption or foster-care placement.) 

Paid sick leave: This topic is covered in Connecticut Paid Sick Leave. 

Pregnancy disability leave: This topic is covered in Connecticut Pregnancy Disability Leave. 

Coverage 
Private employers with 75 or more employees and their agents and successors in interest are covered by the family and medical leave law. Coverage is determined annually based on the number of employees on employers' payroll the week of Oct. 1. Employers must count all full-time and part-time employees, including those who are on leave or suspended but are expected to return to work. [Note: The Connecticut Supreme Court has held that the law applies to private employers with 75 or more employees working in the state (Velez v. Comm'r of Labor, 50 A.3d 869 (2012)).] 

Eligible employees: Employees are eligible for family and medical leave if they have worked for their employer for at least 12 months and at least 1,000 hours in the 12 months immediately preceding the first day of this leave. If they are laid off or their employment is otherwise interrupted, their eligibility for family and medical leave is suspended until they are recalled or otherwise re-employed. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Reasons for Leave 
Employers must allow eligible employees to use family and medical leave: 

  • for the birth of their child; 
  • for the placement of a child with them for adoption or foster care; 
  • to care for their spouse, children, or parents who have serious health conditions; 
  • for their own serious health conditions; or 
  • to serve as an organ or bone marrow donor. 

Eligible employees also can use family and medical leave for qualifying exigencies that occur because their spouse, child, or parent is on active duty or is notified of an impending call or order to active duty in the armed forces. Qualifying exigencies are determined by the federal Family and Medical Leave Act's regulations(29 C.F.R. §§ 825.100 to 825.800). Armed forces are the U.S. Army, Navy, Marine Corps, Coast Guard, or Air Force and their reserve components, including the Connecticut National Guard performing duty as provided under federal National Guard law. 

Employers can require employees to provide reasonable documentation, such as a birth certificate, court document, or statement, that confirms their family relationships for family and medical leave purposes. 

Serious health conditions are illnesses, injuries, impairments, and physical or mental conditions that involve inpatient care in a hospital, hospice, nursing home, or residential medical care facility or involve continuing treatment, including outpatient treatment, by health-care providers. Specifically, the following conditions are considered serious health conditions: 

  • inpatient care in a hospital, hospice, or medical care facility, including treatment and recovery from inpatient care; 
  • incapacities related to pregnancy or prenatal care; 
  • incapacities that last more than three consecutive calendar days, and any related subsequent treatment or incapacity that involves either two or more treatments by a health-care provider, or one treatment by a health-care provider that results in a regimen of continuing care; 
  • incapacities related to chronic conditions, such as asthma, diabetes, or epilepsy, that continue over long periods of time and require periodic visits for treatment by health-care providers; 
  • incapacities caused by conditions where medical treatment might not be effective, such as conditions related to Alzheimer's disease or those arising after a severe stroke; and 
  • absences required for multiple treatments by health-care providers for restorative surgery after an accident or for conditions that would result in incapacity without treatment (for example, kidney dialysis or treatments for cancer or severe arthritis). 

Health-care providers are: 

  • doctors of medicine or osteopathy who are authorized to practice medicine or surgery under state law; 
  • podiatrists, dentists, psychologists, optometrists, and chiropractors who are authorized to practice under state law; 
  • advance practice registered nurses, nurse practitioners, nurse midwives, and clinical social workers who are authorized to practice under state law; 
  • Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Mass.; 
  • health-care providers from whom employers or their group health plan benefit managers accept certifications of serious health conditions to substantiate benefit claims; 
  • health-care providers, as defined above, who are licensed to practice in a foreign country and actually practice in the country; and 
  • other health-care providers who are authorized by the Connecticut Department of Labor. 

Spouses are husbands and wives. 

Children are biological, adopted or foster children, stepchildren, legal wards, or children for whom employees stand in loco parentis. These children must be under age 18, unless they are incapable of self-care because of mental or physical disabilities. In loco parentis includes having day-to-day responsibilities for providing care and financial support. 

Parents are employees' or their spouse's biological, foster or adoptive parents, stepparents, legal guardians, or persons who stood in loco parentis to employees when they were children. In loco parentis includes having day-to-day responsibilities for providing care and financial support. 

Military caregiver leave: In addition, eligible employees can use family and medical leave to care for a current member of the armed forces if: 

  • they are the servicemember's spouse, child, parent, or next of kin; and 
  • the servicemember is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is on the temporary disability retired list for a serious injury or illness incurred in the line of duty. 

Armed forces are the U.S. Army, Navy, Marine Corps, Coast Guard, or Air Force and their reserve components, including the Connecticut National Guard performing duty as provided under federal National Guard law. 

Next of kin means the nearest blood relative (other than a spouse, parent, or child) in the following order of priority: blood relatives who have legal custody of service members; siblings; grandparents; aunts or uncles; and first cousins. Alternatively, servicemembers can designate another blood relative as their nearest blood relative. 

Child means a biological, adopted, or foster child, stepchild, or legal ward or a child for whom employees or servicemembers stood in loco parentis, regardless of the child's age. In loco parentis includes having day-to-day responsibilities for providing care and financial support. 

Employers can require employees to provide reasonable documentation, such as a birth certificate, court document, or statement, that confirms their family relationships for family and medical leave purposes. 

Leave Amount 
Eligible employees can take up to 16 workweeks of family and medical leave during a 24-month period. Leave for birth, adoption, or foster placement of a child must be concluded within 12 months of the date of the birth or placement of a child unless employers permit extensions of leave. 

Military caregiver leave: Eligible employees can take a one-time benefit of 26 workweeks of leave during any 12-month period for each servicemember per serious injury or illness incurred in line of duty. The 12-month period begins on the first day employees take leave to care for seriously ill or injured servicemembers and ends 12 months after that date. 

Spouses working for the same employer: If two spouses work for the same employer, they can be limited to a combined total leave of 16 workweeks during a 24-month period when using family and medical leave to care for a seriously ill parent or for the birth, adoption, or foster placement of a child; they also can be limited to an total of 26 workweeks of family and medical leave in a 12-month period for military caregiver leave. The combined limit doesn't apply to family and medical leave taken for employees' own serious health conditions or to care for a child with serious health conditions. 

Employers can choose to designate the 24-month period in which employees can take family and medical leave by: 

  • consecutive calendar years (Jan. 1 through Dec. 31); 
  • any fixed 24-month period, such as two consecutive fiscal years or a 24-month period measured forward from employees' first date of employment; 
  • measuring the 24-month period forward from the date employees first take leave; or 
  • measuring a “rolling”24-month period backward from the date employees take leave. 

Intermittent leave and reduced-leave schedules: When medically necessary, employers must grant family and medical leave on an intermittent basis or a reduced-leave schedule to employees who have serious health conditions or are caring for family members with serious health conditions. Employees can't take family and medical leave for childbirth, adoption, or foster placement of a son or daughter on an intermittent basis or by working a reduced-leave schedule unless employers and employees agree to such arrangement. Intermittent leave is leave taken in separate blocks of time for a single injury or illness and can include time periods from an hour or more to several weeks; examples of intermittent leave include leave for occasional medical appointments or leave taken several days at a time spread over a period of six months (such as for chemotherapy). A reduced-leave schedule is a work schedule that reduces employees' usual number of working hours per workday or workweek to take family and medical leave. 

Employees taking intermittent leave or on a reduced-leave schedule can't have a reduction in the total amount of family and medical leave available to them beyond the amount of actual family and medical leave taken. Employers can temporarily transfer employees into positions that better accommodate foreseeable intermittent leave or a reduced schedule, provided: 

  • the alternative position offers equivalent pay and benefits; and 
  • the transfer doesn't conflict with any collective bargaining agreement. 

Interaction with other mandates: The state family and medical leave law doesn't supersede any federal or local laws that provide greater family or medical leave rights. Employees aren't required to designate whether the leave they are taking is under the state or federal family and medical leave law. Employers must comply with both laws; however, those covered only by the state or federal law must comply with the law under which they are covered. 

If employees' family and medical leave qualifies under the state and federal family and medical leave laws, any leave used counts against their entitlement to leave under both laws. For example, an employee who takes 16 weeks of leave under the state law in one year remains eligible to take 12 weeks of leave under the federal law the next year. However, if an employee takes 12 weeks of state family and medical leave in one year, the employee only can take up to 12 weeks of federal family and medical leave the next year. 

All federal family and medical leave rights exist with any state family and medical leave rights. Employees can have additional rights under other state or federal laws, including the federal Americans with Disabilities Act. 

The state family and medical leave law doesn't run concurrently with employee transfers to other positions during a period of treatment or rehabilitation for state workers' compensation purposes. 

Pay and Benefits 
Paid leave substitution: Family and medical leave generally is unpaid. Employees can elect or employers can require substituting accrued paid vacation, personal or family leave for family and medical leave taken for the birth, adoption or foster placement of a son or daughter; for care of a son's or daughter's serious health conditions; or for military caregiver leave. Employees can elect or employers can require substituting accrued paid vacation, personal, medical or sick leave for care for a son's, daughter's or their own serious health conditions; for bone marrow or organ donation; or for military caregiver leave. Employers don't need to provide paid sick leave or paid medical leave in any situation where employers wouldn't normally provide such paid leave. 

Employers can't prohibit employees from using up to two weeks of accrued sick leave for family and medical leave for a family member's serious health condition or for the birth or adoption of a son or daughter. Employers also can't discharge, threaten to discharge, demote, suspend, or otherwise discriminate against employees for such use or attempted use of sick leave. Sick leave means paid absences from work under employers' bona fide written sick leave policy, but it doesn't include other certain types of paid leave provided by employers' plan such as short-or long-term disability leaves. 

Employees' use of unpaid leave for family and medical leave doesn't affect their qualification for exemption under Connecticut wage laws. 

Benefits continuation: Employees' entitlement to benefits other than group health benefits during family and medical leave is determined by employers' policy for providing such benefits for other forms of leave. Employees aren't entitled to accrue seniority or other benefits during leave; they also can't receive any right, benefit or position of employment other than the rights, benefits and position to which employees would be entitled if they didn't take leave. 

During family and medical leave, employees retain all employment benefits accrued prior to the date leave began; employment benefits generally are all employee benefits, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions 

Reference Citations 

  • Coverage: Conn. Gen. Stat. § 31-51kk  
  • Conn. Agencies Regs. §§ 31-51qq-2, 31-51qq-6 
  • Reasons for Leave: Conn. Gen. Stat. §§ 27-103, 31-51kk, 31-51ll 
  • Conn. Agencies Regs. §§ 31-51qq-7 to 31-51qq-8  
  • Leave Amount: Conn. Gen. Stat. § 31-51ll  
  • Conn. Agencies Regs. §§ 31-51qq-10 to 31-51qq-40, 31-51qq-40 
  • Certification Requirements: Conn. Gen. Stat. § 31-51mm  
  • Conn. Agencies Regs. §§ 31-51qq-8, 31-51qq-30 to 31-51qq-33, 31-51qq-35 to 31-51qq-36 
  • Pay and Benefits: Conn. Gen. Stat. §§ 31-51kk, 31-51ll, 31-51nn 
  • Conn. Agencies Regs. §§ 31-51qq-18 to 31-51qq-20  
  • Return to Work: Conn. Gen. Stat. § 31-51nn  
  • Conn. Agencies Regs. §§ 31-51qq-21 to 31-51qq-24  
  • Retaliation Prohibition: Conn. Gen. Stat. § 31-51pp  
  • Conn. Agencies Regs. § 31-51qq-25  
  • Notification Requirements: Conn. Gen. Stat. §§ 31-51ll, 31-51nn 
  • Conn. Agencies Regs. §§ 31-51qq-26 to 31-51qq-29 31-51qq-34  
  • Reporting Requirements: Conn. Agencies Regs. § 31-51qq-48  
  • Recordkeeping Requirements: Conn. Gen. Stat. § 31-51oo  
  • Conn. Agencies Regs. § 31-51qq-38  
  • Administration/Enforcement: Conn. Gen. Stat. §§ 31-51pp to 31-51qq  
  • Conn. Agencies Regs. §§ 31-51qq-43 to 31-51qq-46  
  • Penalties/Remedies: Conn. Gen. Stat. § 31-51pp  
  • Conn. Agencies Regs. § 31-51qq-47 

Web References 

  • Connecticut Laws: http://search.cga.state.ct.us/r/statute/dtsearch_form.asp 
  • Connecticut Department of Labor: http://www.ctdol.state.ct.us 

Coverage/Eligibility
All employers with 75 or more employees, except private or parochial elementary or secondary schools. Employees who have 1,000 hours service with an employer during the 12-month period before the leave.

Family Medical Leave Provisions (unpaid unless noted)
Up to 16 weeks in two years for the birth or adoption of a child, placement of child for foster care, to care for a family member with a serious medical condition, for the serious medical condition of the employee, or to serve as an organ or bone marrow donor.

Provides Leave to Care for
Child, spouse, parent, civil union partner, parent-in-law or stepparent.

 

 District of Columbia

DC flag

Overview 
Family and medical leave: Employers must allow eligible employees to take family leave for their family members' serious health conditions or for childbirth, adoption, or the placement of a child with them and medical leave for their own serious health conditions. Eligible employees can take up to 16 workweeks of family leave and 16 workweeks of medical leave (for a total of 32 workweeks) over a 24-month period. 

Beginning March 11, 2020, employees who have been employed by their employer for at least 30 days can use up to 16 weeks of family and medical leave if they are unable to work for certain reasons during the new coronavirus disease (Covid-19) public health emergency. [Note: These provisions are set to expire Sept. 6, 2020.] 

Paid family leave insurance: Beginning July 1, 2020, eligible employees can receive insurance benefits when they take leave for their own or their family member's health condition, the birth of their child, or the placement of a child with them. Benefits are payable for up to two weeks for their own serious health condition, up to six weeks for their family member's serious health condition, and up to eight weeks for the birth of their child or the placement of a child with them. For more information, see District of Columbia Family-Leave Insurance. 

Accrued sick and safe leave: This topic is covered in District of Columbia Paid Sick Leave. 

Pregnancy disability leave: This topic is covered in District of Columbia Pregnancy Disability Leave. 

Coverage 
Private employers are covered by the family and medical leave law if they have 20 or more employees on their payroll during 20 or more calendar workweeks in the current or preceding calendar year. In determining whether employers meet the coverage threshold, employees who are jointly employed by two employers must be counted by both employers even if they are on just one employer's payroll. The law also applies to all public employers. 

The Covid-19 leave provisions apply to all employers, regardless of the number of employees they have in the District of Columbia. [Note: This provision is effective May 27, 2020, and applicable retroactive to March 11, 2020 (2020 D.C. Stat. 23-326 (B. 23-757), § 104). It was set to expire June 9, 2020, but got extended to Sept. 6, 2020 (2020 D.C. Stat. 23-328 (B. 23-759), § 104).] 

Joint employers: Two or more employers are considered joint employers if they control the same employees' work or work conditions. Joint employers can be separate entities with separate owners, managers, and facilities. A joint-employer relationship generally exists when employees' work simultaneously benefits two or more employers or when employees work for two or more employers at different times during the workweek. For example: 

  • two employers have an arrangement to share an employee's services or to interchange employees; 
  • one employer acts directly or indirectly in the interest of another employer in relation to an employee; or 
  • one employer controls, is controlled by, or is under the common control of another employer. 

In a joint-employer relationship, family and medical leave responsibilities generally are divided between the primary and secondary employer. Determining which employer is the primary employer depends on factors such as responsibility for hiring and firing employees, assigning or placing employees, making payroll, and providing employee benefits. Primary employers must comply with the family and medical leave law, including its retaliation prohibition. Secondary employers must comply with the retaliation prohibition regardless of whether they are required to comply with the law's other provisions. 

Successors in interest: If an employer undergoes a business change, such as a merger, acquisition, or name change, the employer and its successor in interest are considered to be the same employer for the purpose of determining whether employees are eligible for family and medical leave. 

Eligible employees: Employees are eligible for family and medical leave if any of the following apply:• They have been employed by their employer for at least one year without any break in service, except for regular holiday, sick, or personal leave. This one-year period doesn't need to immediately precede their request for this leave. If the service break between employees' leave request and the last date of service is greater than seven years, that time doesn't need to be included to determine eligibility for leave. 

  • They have worked for their employer for at least 1,000 hours in the past 12 months. Pursuant to the federal Uniformed Services Employment and Reemployment Rights Act, employers must credit employees returning from military service in the National Guard or Reserves with the hours they would have worked if not for such service. Specifically, employees who are re-employed after that military service must be credited with the hours they would have worked plus any hours they actually worked during the previous 12-month period in calculating whether they meet the 1,000-hour requirement. Employees' pre-service work schedule can be used to calculate the hours they would have worked. 
  • They have been employed by their employer for at least 30 days and are unable to work for certain reasons during the new coronavirus disease(Covid-19) public health emergency. [Note: This provision is effective May 27, 2020, and applicable retroactive to March 11, 2020 (2020 D.C. Stat. 23-326 (B. 23-757), § 104). It was set to expire June 9, 2020, but got extended to Sept. 6, 2020 (2020 D.C. Stat. 23-328 (B. 23-759), § 104).] 

Declaration-of-emergency leave(repealed): [Note: These provisions were effective March 17, 2020; applicable retroactive to March 11, 2020; and set to expire June 15, 2020 (2020 D.C. Stat. 23-247 (B. 23-718), § 102). On May 27, 2020, they were repealed retroactive to March 11, 2020. Legislation that would have temporarily extended the provisions (B. 23-734) also was repealed before it could take effect (2020 D.C. Stat. 23-326 (B. 23-757), § 1201). Both repeals were set to expire June 9, 2020, but got extended to Sept. 6, 2020(2020 D.C. Stat. 23-328 (B. 23-759), § 1201).] 

All employers are covered by the declaration-of-emergency leave provisions under the family and medical leave law. 

Eligible employees: During a period of time for which the mayor has declared a public health emergency pursuant to D.C. Code Ann. § 7-2304.01, the normal eligibility requirements don't apply to employees who are ordered or recommended to quarantine or isolate by the District of Columbia Department of Health, any other district or federal agency, or a medical professional. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

D.C. Code Ann. §§ 32-501 (see Smart Code® for the latest cases), 32-516 (see Smart Code® for the latest cases) 

D.C. Mun. Regs. tit. 4, §§ 1600.2, 1600.4, 1601.1 to 1601.5, 1602.1 to 1602.9, 1603.1 to 1603.6, 603.12 

Reasons for Leave 
Family leave: Employers must allow eligible employees to take family leave: 

  • to care for their family members with serious health conditions; or 
  • for the birth, adoption, or foster placement of a child; or 
  • for the placement of a child if they are assuming permanent parental responsibility of the child. 

Family members are: 

  • relatives by blood, legal custody, or marriage; 
  • foster children; 
  • children who live with employees and for whom employees have assumed permanent parental responsibility; and 
  • people with whom employees maintain a committed relationship and share or have shared a residence within the past year. 

Children are:• under age 21; 

  • any age and substantially dependent on employees because of physical or mental disabilities; or 
  • under age 23 and full-time students at an accredited college or university. 

Committed relationships can be demonstrated by showing mutual economic interdependence through, for example, joint tenancy, bank accounts, or loans; domestic interdependence; the relationships' length; and other commitments made through a will or life insurance. Committed relationships include domestic partnerships under the District of Columbia's Health Care Expansion Act (D.C. Code Ann. § 32-701(4)). 

Medical leave: Employers must allow eligible employees to take medical leave for their own serious health conditions. 

Serious health conditions are physical or mental illnesses, injuries, or impairments involving inpatient care in hospitals, hospices, or residential health-care facilities or continuing treatment by health-care providers. Inpatient care is overnight or longer care that occurs in hospitals, hospices, or residential medical care facilities, including any subsequent treatment in connection with such care. Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition; it doesn't include routine physicals, eye examinations, or dental check-ups. Continuing treatment that can be initiated without a visit to a health-care provider, such as taking over-the-counter medication or bed rest, isn't by itself considered continuing treatment for medical leave purposes. Conditions for which cosmetic treatments are administered, such as most treatments for acne or plastic surgery, aren't considered serious health conditions unless these treatments cause incapacity or complications. 

Serious health conditions involving continuing treatment include incapacities that last more than three consecutive calendar days and any related, subsequent treatment or incapacity that involves either two or more treatments within 30 days after the first day of incapacity (unless extenuating circumstances exist) or at least one treatment resulting in a regimen of continuing treatment. Treatments are in-person visits to health-care providers. The first(or only) visit must take place within 10 days after the first day of incapacity. 

Serious health conditions involving continuing treatment also include:• incapacities related to pregnancy or prenatal care; 

  • incapacities or related treatments for chronic, serious health conditions that require periodic visits (at least twice annually) for treatment by health-care providers, continue over an extended period of time (including recurring episodes of a single underlying condition), and can cause episodic incapacity (for example, asthma, diabetes, and epilepsy); 
  • permanent or long-term incapacities due to conditions where employees or their family members are under the continuing supervision of health-care providers, but treatment might not be effective (for example, Alzheimer's, a severe stroke, or the terminal stages of a disease); 
  • absences to receive and recover from multiple treatments by health-care providers for restorative surgery after an accident or other injury; and 
  • absences to receive and recover from multiple treatments by health-care providers for conditions that would likely result in an incapacity of more than three consecutive calendar days without medical intervention or treatment(for example, chemotherapy and radiation for cancer, physical therapy for severe arthritis, and dialysis for kidney disease). 

Interaction with other mandates: The family and medical leave law doesn't diminish employer obligations to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights than those provided by the law. Likewise, the rights provided by the law can't be diminished by any such agreement, program, or plan. 

Declaration-of-emergency leave(repealed): [Note: These provisions were effective March 17, 2020; applicable retroactive to March 11, 2020; and set to expire June 15, 2020 (2020 D.C. Stat. 23-247 (B. 23-718), § 102). On May 27, 2020, they were repealed and replaced by the Covid-19 leave provisions(see below), retroactive to March 11, 2020. Legislation that would have temporarily extended the declaration-of-emergency leave provisions(B. 23-734) also was repealed before it could take effect (2020 D.C. Stat. 23-326 (B. 23-757), § 1201). Both repeals were set to expire June 9, 2020, but got extended to Sept. 6, 2020(2020 D.C. Stat. 23-328 (B. 23-759), § 1201).] 

During a period of time for which the mayor has declared a public health emergency pursuant to D.C. Code Ann. § 7-2304.01, employees who are unable to work as a result of the emergency are entitled to declaration-of-emergency leave under the family and medical leave law. 

Covid-19 leave: [Note: These provisions are effective May 27, 2020, and applicable retroactive to March 11, 2020 (2020 D.C. Stat. 23-326 (B. 23-757), § 104)). They were set to expire June 9, 2020, but got extended to Sept. 6, 2020 (2020 D.C. Stat. 23-328 (B. 23-759), § 104). The provisions replace the repealed provisions on declaration-of-emergency leave(see above).] 

During the Covid-19 public health emergency, employees who have been employed by their employer for at least 30 days can take family and medical leave if they are unable to work due to:• a health-care provider's recommendation that they isolate or quarantine, including when they or a member of their household is at high risk for serious illness from the new coronavirus disease (Covid-19); 

  • they need to care for a member of their family or household who is under a government or health-care provider's order to quarantine or isolate; or 
  • they need to care for a child whose school or place of care is closed or whose child-care provider is unavailable to them. 

The right to take this leave expires when the Covid-19 public health emergency expires. 

Covid-19 public health emergency means the public health emergencies declared in response to the new coronavirus disease (Covid-19) by Mayor's Order 2020-045 and Mayor's Order 2020-046, including any extension of the emergencies. 

Interaction with other mandates: The Covid-19 leave provisions can't be diminished by any collective bargaining agreement or any employment benefit program or plan. However, the provisions don't supersede any clause on family or medical leave in a collective bargaining agreement that was in force on March 11, 2020, for as long as the agreement is in effect. 

D.C. Code Ann. §§ 32-501 (see Smart Code® for the latest cases), 32-502 (see Smart Code® for the latest cases), 32-503 (see Smart Code® for the latest cases), 32-513 

D.C. Mun. Regs. tit. 4, §§ 1605.1 to 1605.3, 1606.1 to 1606.2, 1606.12, 1699.1 

Leave Amount 
Eligible employees can take up to 16 workweeks of family leave and 16 workweeks of medical leave (for a total of 32 workweeks) over a 24-month period. 

Employers can based the 24-month period on any of the following if they apply this basis consistently and uniformly to all employees: 

  • the calendar year; 
  • any fixed 12-month period, such as a fiscal year, a year required by state law, or a year starting on employees' anniversary date; 
  • the 24-month period measured forward from the date employees' family or medical leave begins; or 
  • the 24-month period measured backward from the date employees use (or have requested to use) family or medical leave. 

Employers also can calculate family and medical on an hourly basis. For example, 16 workweeks of leave equals 640 hours of leave for employees who work a 40-hour workweek. 

For intermittent or reduced-schedule leave, employers can count leave based on employees' absence as a proportion of their normal workweek. For example, if an employee normally works five days per week, two days of intermittent leave would equal two-fifths of one workweek. If an employee normally works a 40-hour workweek, but then works a reduced schedule of 30 hours per workweek, the employee's leave would equal one-quarter of one workweek for each week of reduced-schedule leave. 

Family leave: Employers must allow employees to take up to 16 workweeks of family leave over a 24-month period. Family leave for the birth, adoption, or placement of a child must begin within 12 months after that event. Employers and employees can agree to a reduced work schedule that stretches the 16 workweeks of total family leave over a period of up to 24 consecutive workweeks for the birth, adoption, or placement of a child. Family leave also can be taken on an intermittent or reduced-schedule basis when it is medically necessary to care for a family member with a serious health condition. In the case of joint employers, both employers must agree to allow a reduced work schedule. 

If two or more family members work for the same employer and request family leave for the same underlying reason, the employer can limit their combined leave to 16 workweeks in a 24-month period and their simultaneous leave to four workweeks in a 24-month period. These limits also apply to intermittent leave. Same employer includes an employer's offices, divisions, subdivisions, and other organizational sections where both employees have the same or interrelated duties and their absence would unduly disrupt the employer's business. 

Medical leave: Employers must allow employees to take up to 16 workweeks of medical leave over a 24-month period. This leave can be taken intermittently when it is medically necessary. Employers and employees can agree on alternative work arrangements; however, these arrangements don't reduce the amount of family or medical leave available to employees. 

Interaction with other mandates: The family and medical leave law doesn't diminish employer obligations to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights than those provided by the law. Likewise, the rights provided by the law can't be diminished by any such agreement, program, or plan. 

Declaration-of-emergency leave(repealed): [Note: These provisions were effective March 17, 2020; applicable retroactive to March 11, 2020; and set to expire June 15, 2020 (2020 D.C. Stat. 23-247 (B. 23-718), § 102). On May 27, 2020, they were repealed and replaced by the Covid-19 leave provisions (see below), retroactive to March 11, 2020. Legislation that would have temporarily extended the declaration-of-emergency leave provisions (B. 23-734) also was repealed before it could take effect (2020 D.C. Stat. 23-326 (B. 23-757), § 1201). Both repeals were set to expire June 9, 2020, but got extended to Sept. 6, 2020(2020 D.C. Stat. 23-328 (B. 23-759), § 1201).] 

During a period of time for which the mayor has declared a public health emergency pursuant to D.C. Code Ann. § 7-2304.01, employees who are unable to work as a result of the emergency are entitled to declaration-of-emergency leave under the family and medical leave law. 

Covid-19 leave: [Note: These provisions are effective May 27, 2020, and applicable retroactive to March 11, 2020 (2020 D.C. Stat. 23-326 (B. 23-757), § 104)). They were set to expire June 9, 2020, but got extended to Sept. 6, 2020 (2020 D.C. Stat. 23-328 (B. 23-759), § 104). The provisions replace the repealed provisions on declaration-of-emergency leave (see above).] 

Employees who have been employed by their employer for at least 30 days can use up to 16 weeks of family and medical leave if they are unable to work for certain reasons during the Covid-19 public health emergency (see “Reasons for Leave” in this summary). The right to use this leave expires when the Covid-19 public health emergency expires. 

Covid-19 public health emergency means the public health emergencies declared in response to the new coronavirus disease (Covid-19) by Mayor's Order 2020-045 and Mayor's Order 2020-046, including any extension of the emergencies. 

Interaction with other mandates: The Covid-19 leave provisions can't be diminished by any collective bargaining agreement or any employment benefit program or plan. However, the provisions don't supersede any clause on family or medical leave in a collective bargaining agreement that was in force on March 11, 2020, for as long as the agreement is in effect. 

D.C. Code Ann. §§ 32-501 (see Smart Code® for the latest cases), 32-502 (see Smart Code® for the latest cases), 32-503 (see Smart Code® for the latest cases), 32-513 

D.C. Mun. Regs. tit. 4, §§ 1604.1 to 1604.2, 1605.1, 1606.3 to 1606.5, 1606.9 to 1606.11, 1607.1, 1616.1 to 1616.2, 1616.4 to 1616.5 

Pay and Benefits 
Family and medical leave can be paid or unpaid. Employees can elect to substitute paid family, vacation, personal, or compensatory leave for unpaid family leave. They also can elect to substitute paid medical or sick leave for unpaid medical leave. In addition, employers and employees can agree to substitute paid vacation, personal, or compensatory leave for unpaid medical leave. If employees want to substitute paid medical, sick, vacation, personal, or compensatory leave for unpaid family or medical leave, they must meet employer requirements for taking that paid leave. If employers have a leave program that permits an employee to use another employee's paid leave, that paid leave can be substituted for family or medical leave. 

Employees who take family or medical leave can't lose any benefits or seniority that they accrued before this leave began. During family leave, employers must maintain employees' group health plan coverage at the same level and under the same conditions that existed before this leave began; however, employers can require these employees to continue making any contributions that are usually required of plan participants. If employees fail to make these required contributions, they forfeit this coverage until they resume employment. 

Interaction with other mandates: The family and medical leave law doesn't diminish employer obligations to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights than those provided by the law. Likewise, the rights provided by the law can't be diminished by any such agreement, program, or plan. 

Covid-19 leave: [Note: These provisions are effective May 27, 2020, and applicable retroactive to March 11, 2020 (2020 D.C. Stat. 23-326 (B. 23-757), § 104)). They were set to expire June 9, 2020, but got extended to Sept. 6, 2020 (2020 D.C. Stat. 23-328 (B. 23-759), § 104).] 

Family and medical leave related to the new coronavirus disease (Covid-19) can be unpaid. If employees elect to substitute any employer-provided paid leave for that unpaid Covid-19 leave, the paid leave counts against the 16 workweeks of permitted Covid-19 leave. Employees can, but aren't required to, use that Covid-19 leave before using other leave that they are entitled to under federal or District of Columbia laws or employer policies. If an employer has a program that allows an employee to use another employee's paid leave under certain conditions, the employee can use the paid leave as family and medical leave that counts against the 16 workweeks of permitted Covid-19 leave if the employee meets those conditions. 

The benefit protections of D.C. Code Ann. § 32-505 apply to employees who take family and medical leave related to Covid-19. 

Interaction with other mandates: The Covid-19 leave provisions can't be diminished by any collective bargaining agreement or any employment benefit program or plan. However, the provisions don't supersede any clause on family or medical leave in a collective bargaining agreement that was in force on March 11, 2020, for as long as the agreement is in effect. 

D.C. Code Ann. §§ 32-505 (see Smart Code® for the latest cases), 32-513 

D.C. Mun. Regs. tit. 4, §§ 1605.5 to 1605.6, 1606.6 to 1606.8, 1609.1 to 1609.4 

Reference Citations 

  • Coverage: D.C. Code Ann. §§ 32-501 (see Smart Code® for the latest cases), 32-516 (see Smart Code® for the latest cases) 
  • D.C. Mun. Regs. tit. 4, §§ 1600.2, 1600.4, 1601.1 to 1601.5, 1602.1 to 1602.9, 1603.1 to 1603.6, 603.12 
  • Reasons for Leave: D.C. Code Ann. §§ 32-501 (see Smart Code® for the latest cases), 32-502 (see Smart Code® for the latest cases), 32-503 (see Smart Code® for the latest cases) 
  • D.C. Mun. Regs. tit. 4, §§ 1605.1 to 1605.3, 1606.1 to 1606.2, 1606.12, 1699.1 
  • Leave Amount: D.C. Code Ann. §§ 32-501 (see Smart Code® for the latest cases), 32-502 (see Smart Code® for the latest cases), 32-503 (see Smart Code® for the latest cases) 
  • D.C. Mun. Regs. tit. 4, §§ 1604.1 to 1604.2, 1605.1, 1606.3 to 1606.5, 1606.9 to 1606.11, 1607.1, 1616.1 to 1616.2, 1616.4 to 1616.5 
  • Certification Requirements: D.C. Code Ann. §§ 32-502 (see Smart Code® for the latest cases), 32-504 (see Smart Code® for the latest cases) 
  • D.C. Mun. Regs. tit. 4, §§ 1613.5, 1615.1 to 1615.10 
  • Pay and Benefits: D.C. Code Ann. §§ 32-505 (see Smart Code® for the latest cases), 32-513 
  • D.C. Mun. Regs. tit. 4, §§ 1605.5 to 1605.6, 1606.6 to 1606.8, 1609.1 to 1609.4 
  • Return to Work: D.C. Code Ann. § 32-505 (see Smart Code® for the latest cases) 
  • D.C. Mun. Regs. tit. 4, §§ 1609.5 to 1609.9  
  • Employer Policy Requirements: D.C. Mun. Regs. tit. 4, § 1613.2  
  • Retaliation Prohibition: D.C. Code Ann. § 32-507 (see Smart Code® for the latest cases) 
  • D.C. Mun. Regs. tit. 4, §§ 1621.1 to 1621.2  
  • Notification Requirements: D.C. Code Ann. §§ 32-502 (see Smart Code® for the latest cases), 32-503 (see Smart Code® for the latest cases) 
  • D.C. Mun. Regs. tit. 4, §§ 1613.1, 1613.3 to 1613.4, 1613.6, 1613.8, 1614.1 to 1614.5, 1614.7, 1616.2 
  • Mandatory Poster: D.C. Code Ann. § 32-511 (see Smart Code® for the latest cases) 
  • D.C. Mun. Regs. tit. 4, § 1613.2  
  • Recordkeeping Requirements: D.C. Code Ann. § 32-508  
  • D.C. Mun. Regs. tit. 4, §§ 1617.5 to 1617.9  
  • Administration/Enforcement: D.C. Code Ann. §§ 32-508 to 32-509 (see Smart Code® for the latest cases), 32-510 (see Smart Code® for the latest cases) 
  • D.C. Mun. Regs. tit. 4, §§ 1608.1 to 1608.10, 1610.1 to 1610.6, 1620.1 to 1620.5, 1620.7 to 1620.10, 1622.1, 1622.4 to 1622.10, 1623.8, 1623.10, 1623.12, 1625.4 to 1625.15 
  • Penalties/Remedies: D.C. Code Ann. §§ 32-502 (see Smart Code® for the latest cases), 32-504 (see Smart Code® for the latest cases), 32-509 (see Smart Code® for the latest cases), 32-511 (see Smart Code® for the latest cases) 
  • D.C. Mun. Regs. tit. 4, §§ 1613.9, 1620.6, 1624.1 

Web References 

  • District of Columbia Laws: http://dc.gov/ 
  • District of Columbia Regulations: http://www.dcregs.dc.gov/ 
  • District of Columbia Office of Human Rights: https://ohr.dc.gov/ 
  • District of Columbia Executive Office of the Mayor: https://mayor.dc.gov/ 

Coverage/Eligibility
Any public or private employer. Employees who have at least 1,000 hours of service with an employer during the 12-month period prior to leave.
 

Family Medical Leave Provisions (unpaid unless noted)
Up to 16 weeks of family leave, plus 16 weeks of medical leave for employee's own serious health condition during a two-year period. Leave must be shared by family members working for the same employer.
 

Provides Leave to Care for
All relatives by blood, legal custody, or marriage, and anyone with whom an employee lives and has a committed relationship.

 

 Georgia

GA flag

Overview 
Until July 1, 2020, employers that provide sick leave must allow eligible employees to use up to five days of the leave per calendar year to care for their immediate family members. 

Coverage 
Until July 1, 2020, public and private employers are covered by the sick leave provisions if they have 25 or more employees. The provisions don't apply to employers that offer employees an employee stock ownership plan (as defined in 26 U.S.C. § 4975(e)(7)). Employees are those who work at least 30 hours per week for their employer for a salary, wages, or other remuneration. 

[Note: Franchisors aren't considered to be employers of franchisees or their employees (as defined by 16 C.F.R. § 436.1) for any purpose (Ga. Code Ann. § 34-1-9).] 

Eligible employees: Until July 1, 2020, employees are covered by the sick leave provisions if they work at least 30 hours per week for their employer for a salary, wages, or other remuneration. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Ga. Code Ann. § 34-1-10 

Reasons for Leave 
Until July 1, 2020, employers that provide sick leave must allow eligible employees to use the leave to care for their immediate family members. Employees who use sick leave for this purpose must comply with the terms of their employer's sick leave policy. Employers aren't required to offer sick leave, and employees aren't entitled to use sick leave for that purpose until it is earned. 

Until July 1, 2020, sick leave means leave that employees can use for their own incapacity, illness, or injury, for which they receive their regular salary, wages, or other remuneration; it doesn't include paid short-term or long-term disability. Immediate family member means an employee's child, spouse, grandchild, grandparent, or parent or any dependent reported on the employee's most recent tax return. 

Ga. Code Ann. § 34-1-10 

Leave Amount 
Until July 1, 2020, employers that provide sick leave must allow eligible employees to use up to five days of the leave per calendar year to care for their immediate family members. Employees who use sick leave for this purpose must comply with the terms of their employer's sick leave policy. Employers aren't required to offer sick leave, and employees aren't entitled to use sick leave for that purpose until it is earned. 

Until July 1, 2020, sick leave means leave that employees can use for their own incapacity, illness, or injury, for which they receive their regular salary, wages, or other remuneration; it doesn't include paid short-term or long-term disability. 

Ga. Code Ann. § 34-1-10 

Pay and Benefits 
Until July 1, 2020, employers that provide sick leave must allow eligible employees to use the leave to care for their immediate family members. Sick leave means leave that employees can use for their own incapacity, illness, or injury, for which they receive their regular salary, wages, or other remuneration; it doesn't include paid short-term or long-term disability. 

Ga. Code Ann. § 34-1-10 

Reference Citations 

  • Coverage: Ga. Code Ann. § 34-1-10  
  • Reasons for Leave: Ga. Code Ann. § 34-1-10  
  • Leave Amount: Ga. Code Ann. § 34-1-10  
  • Pay and Benefits: Ga. Code Ann. § 34-1-10  
  • Administration/Enforcement: Ga. Code Ann. §§ 34-1-10, 34-2-3, 34-2-6, 34-2-12 to 34-2-13 

Web References 

Georgia Laws: http://www.georgia.gov 

 

 Hawaii

HI flag

Overview 
Employers must allow eligible employees to take up to four weeks of family leave each year for the birth or adoption of a child or to care for a family member with a serious health condition. Employers that provide sick leave must allow employees to use up to 10 days of this accrued leave per year for family leave purposes. 

Pregnancy disability leave: This topic is covered in Hawaii Pregnancy Disability Leave. 

Coverage 
Public and private employers are covered by the family leave law if they have 100 or more employees for each workday during each of 20 or more calendar weeks in the current or preceding calendar year. The employee count occurs when an employee requests family leave. It includes all full-time, part-time, temporary, and intermittent employees who work in Hawaii and are on the payroll for the week, regardless of how long they have been employed or whether they are eligible for family leave. It also includes employees who are on authorized paid or unpaid leave, including family leave and disciplinary suspensions, if their employer has a reasonable expectation that they will return to work. 

Each workday means employers' regular workweek; it isn't necessary that every employee actually perform work on each workday. Employees on the payroll are considered employed for each workday of a calendar week and must be counted regardless of whether they receive any compensation for the week; however, they aren't considered employed for each workday of that week if their employment begins after the first workday or terminates before the last workday. 

All employers are covered by the law's mandatory poster provisions. 

Eligible employees: Paid employees are eligible for family leave if they have worked at least six consecutive months for their employer; however, they aren't eligible if their employer isn't covered by the family leave law. Consecutive means without a break in employment due to resignation, termination, or layoff (paid or authorized unpaid leave aren't considered a break in employment). Once employees become eligible for family leave, their eligibility isn't affected by changes in their employer's coverage status and their family leave can't be terminated because of these changes. 

Independent contractors aren't eligible for family leave if their employer can show that: 

  • they have been and will continue to be free from the employer's control or direction over their work performance; 
  • their work is outside the employer's usual course of business or is performed outside of the employer's places of business; and 
  • they usually are engaged in an independently established trade, occupation, profession, or business of the same nature their work for the employer. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Haw. Rev. Stat. §§ 398-1 to 398-2 (see Smart Code® for the latest cases) 

Haw. Code R. 12-27-1, 12-27-4 to 12-27-5 

Reasons for Leave 
Employers must allow eligible employees to take family leave: 

  • for the birth of their child or the adoption of a child; or 
  • to care for their child, spouse, reciprocal beneficiary, sibling, or parent with a serious health condition. 

Child means a biological, adopted, or foster child and a stepchild or legal ward. Parent means a biological, foster, or adoptive parent and a parent-in-law, stepparent, legal guardian, grandparent, or grandparent-in-law. Reciprocal beneficiary means an adult who is in a valid reciprocal beneficiary relationship with another adult, as provided in Haw. Rev. Stat. §§ 572C-1 to 572C-7). This status is available when two persons have a significant personal, emotional, and economic relationship, but are legally prohibited from marrying each other. 

Serious health condition means a physical or mental condition that warrants an employee's participation in providing care during a period of treatment or supervision by a health-care provider. The condition also must involve inpatient care in a hospital, hospice, or residential health-care facility or require continuing treatment or continuing supervision by a health-care provider. 

Haw. Rev. Stat. §§ 398-1 (see Smart Code® for the latest cases), 398-3 (see Smart Code® for the latest cases) 

Haw. Code R. 12-27-1, 12-27-6 

Leave Amount 
Employers must allow eligible employees to take up to four weeks of family leave each calendar year; however, they aren't entitled to more than four weeks in any 12-month period. Week means the equivalent number of hours in employees' regular workweek. If their work hours vary each week, the average number of hours worked during the four weeks prior to their family leave request is considered their regular workweek. Unused family leave doesn't carry over to the next calendar year. Instead of a calendar-year basis, employers can establish any fixed period of 12 consecutive months (for example, based on their fiscal year or employees' anniversary date) if they consistently and uniformly apply that basis to all eligible employees. 

Family leave doesn't need to start immediately upon the birth or adoption of a child or the beginning of a serious health condition; however, family leave for the birth of a child can't be taken more than 12 months after the child's birth. Employees can take family leave for the adoption of a child when a court or authorized agency places the child with them or allows them to retain custody of the child before the adoption decree is issued. 

Intermittent leave: Employees can take family leave intermittently over the course of a calendar year. Employers can convert the four-week maximum to an equivalent number of hours based on employees' current regular workweek. For a part-time schedule, the amount of family leave is determined on a proportional or equivalent basis. For a variable schedule, the amount is determined based on a weekly average of hours worked in the four weeks before family leave started. Employers can limit the size of family leave increments to the shortest period of time that their payroll system uses to account for the use of leave if this period is one hour or less. 

To accommodate intermittent family leave, employers can offer to modify employees' existing, regular job duties and conditions or offer them a temporary transfer to an available alternative position for which they are qualified. These accommodations must be agreed to by employees, comply with any applicable collective bargaining agreement and federal or state law, and provide pay and benefits equivalent to their regular job (even if employers must increase the alternative position's pay and benefits). 

Sick leave: Employees that accrue paid sick leave must be allowed to use up to 10 days of this leave per calendar year for family leave purposes, or more if explicitly authorized by a valid collective bargaining agreement. Employers' conditions and restrictions for using sick leave also apply to using this leave for family leave purposes. 

Employers aren't required to reduce employees' accrued sick leave below the amount required for temporary disability benefits (Haw. Rev. Stat. § 392-41) if any sick leave above that amount can be used for family leave purposes. If employers are self-insured for temporary disability insurance purposes, employees only can use accrued sick leave above the TDI plan limit for family leave purposes. 

Sick leave means accrued increments of compensated leave that employees can use: 

  • when they are physically or mentally unable to perform their duties due to an illness, injury, or medical condition; 
  • to obtain a professional diagnosis or treatment for their medical condition; or 
  • for other personal medical reasons, such as pregnancy or a physical examination. 

Sick leave doesn't include benefits provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act; insurance, workers' compensation, or temporary disability insurance benefits; unemployment compensation due to an illness or disability; or benefits not payable from employers. 

Interaction with other mandates: If unpaid family leave conflicts with the unreduced compensation requirement for exempt employees under the federal Fair Labor Standards Act, employers can require employees to make up this leave within the same pay period. 

The family leave law doesn't replace family leave policies in existence since at least Jan. 1, 1992, if they provide equal or greater benefits. The law also doesn't modify, eliminate, or otherwise evade existing family leave policies, benefits, or protections under employment contracts or collective bargaining agreements to the extent that they provide greater protections. 

Haw. Rev. Stat. §§ 398-1 (see Smart Code® for the latest cases), 398-3 to 398-4 (see Smart Code® for the latest cases), 398-10 

Haw. Code R. 12-27-1, 12-27-6 to 12-27-7, 12-27-9 

Pay and Benefits 
Family leave can consist of unpaid or paid leave or a combination of both. If employers provide paid family leave for part of the four-week period of family leave, the remaining part can be unpaid. However, employees can choose to substitute any of their accrued paid leave, including vacation, personal, or family leave, for any part of unpaid family leave. Employers also can require this substitution if they provide advance notice of this requirement to employees. Employers can't retroactively apply accrued paid leave to cover unpaid family leave after employees return to work, unless both parties agree to this arrangement. 

Interaction with other mandates: If unpaid family leave conflicts with the unreduced compensation requirement for exempt employees under the federal Fair Labor Standards Act, employers can require employees to make up this leave within the same pay period. 

The family leave law doesn't replace family leave policies in existence since at least Jan. 1, 1992, if they provide equal or greater benefits. Benefits are all employer-provided benefits (other than salaries or wages), including group life, health, or disability insurance, paid or unpaid leave, educational benefits, and pensions. The law also doesn't modify, eliminate, or otherwise evade existing family leave policies, benefits, or protections under employment contracts or collective bargaining agreements to the extent that they provide greater protections. 

Haw. Rev. Stat. §§ 398-1 (see Smart Code® for the latest cases), 398-3 to 398-4 (see Smart Code® for the latest cases), 398-10 

Haw. Code R. 12-27-1, 12-27-8 

Reference Citations 

  • Coverage: Haw. Rev. Stat. §§ 398-1 to 398-2 (see Smart Code® for the latest cases) 
  • Haw. Code R. 12-27-1, 12-27-4 to 12-27-5 
  • Reasons for Leave: Haw. Rev. Stat. §§ 398-1 (see Smart Code® for the latest cases), 398-3 (see Smart Code® for the latest cases) 
  • Haw. Code R. 12-27-1, 12-27-6 
  • Leave Amount: Haw. Rev. Stat. §§ 398-1 (see Smart Code® for the latest cases), 398-3 to 398-4 (see Smart Code® for the latest cases), 398-10 
  • Haw. Code R. 12-27-1, 12-27-6 to 12-27-7, 12-27-9 
  • Certification Requirements: Haw. Rev. Stat. § 398-6  
  • Haw. Code R. 12-27-1, 12-27-11 
  • Pay and Benefits: Haw. Rev. Stat. §§ 398-1 (see Smart Code® for the latest cases), 398-3 to 398-4 (see Smart Code® for the latest cases), 398-10 
  • Haw. Code R. 12-27-1, 12-27-8 
  • Return to Work: Haw. Rev. Stat. §§ 398-1 (see Smart Code® for the latest cases), 398-7, 398-10 
  • Haw. Code R. 12-27-1, 12-27-12 
  • Retaliation Prohibition: Haw. Rev. Stat. § 398-8  
  • Notification Requirements: Haw. Rev. Stat. § 398-5  
  • Haw. Code R. 12-27-8, 12-27-10 
  • Mandatory Poster: Haw. Rev. Stat. §§ 398-1 to 398-1.5 (see Smart Code® for the latest cases) 
  • Recordkeeping Requirements: Haw. Code R. 12-27-1, 12-27-13 
  • Administration/Enforcement: Haw. Rev. Stat. §§ 398-1 (see Smart Code® for the latest cases), 398-9, 398-11, 398-21 to 398-25, 398-27 to 398-29 
  • Haw. Code R. 12-27-1 to 12-27-2, 12-27-20, 12-27-24 to 12-27-27, 12-27-29, 12-27-31 to 12-27-32, 12-27-40, 12-27-45 to 12-27-46 
  • Penalties/Remedies: Haw. Rev. Stat. §§ 398-1 (see Smart Code® for the latest cases), 398-7, 398-23, 398-25 to 398-27, 398-29 
  • Haw. Code R. 12-27-29 to 12-27-30 

Web References 

  • Hawaii Laws: http://www.capitol.hawaii.gov/ 
  • Hawaii Regulations: http://ltgov.hawaii.gov/the-office/administrative-rules/ 
  • Hawaii Department of Labor and Industrial Relations: https://labor.hawaii.gov/ 

Coverage/Eligibility
Private employers with 100 or more employees. Excludes public employees. Employees who have worked for six consecutive months.
 

Family Medical Leave Provisions (unpaid unless noted)
Up to four weeks per year. Permits intermittent leave for birth, adoption placement, and to care for a family member with a serious health condition. Does not apply to employee's own health condition or placement of a foster child.  Does not require spouses to share leave.
 

Provides Leave to Care for
Child, spouse, parent, in-laws, grandparents, grandparents-in-law, stepparent or reciprocal beneficiary.

 

 Illinois

IL flag

Overview 
Employee sick leave: Employers that provide personal sick leave benefits must allow employees to use the benefits for a family member's illness, injury, or medical appointment. 

Child bereavement leave: Employers must allow eligible employees to take up to 10 workdays of unpaid bereavement leave for reasons related to the death of their child. 

Pregnancy disability leave: This topic is covered in Illinois Pregnancy Disability Leave. 

Coverage 
Employee sick leave: Public and private employers are covered by the employee sick leave law. The law doesn't apply to employers that are subject to certain provisions of the federal Railway Labor Act or the federal Railroad Unemployment Insurance Act, the Federal Employers' Liability Act, or another comparable federal law. 

820 Ill. Comp. Stat. 191/21  

Child bereavement leave: Employers are covered by the child bereavement leave law if they are covered by the federal Family and Medical Leave Act (29 U.S.C. § 2611(4)). 

Eligible employees: Employees are eligible for child bereavement leave if they are eligible for leave under the FMLA (29 U.S.C. § 2611(2)). 

820 Ill. Comp. Stat. 154/5  

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Reasons for Leave 
Employee sick leave: Employers that provide personal sick leave benefits must allow employees to use the benefits for absences due to a family member's illness, injury, or medical appointment. If employers provide personal sick leave benefits or have a paid-time-off policy that provides the same benefits, they aren't required to modify these benefits. Employers can provide greater sick leave benefits than required by the employee sick leave law. 

Family member means employees' child, stepchild, spouse, domestic partner, sibling, parent, parent-in-law, grandchild, grandparent, or stepparent. Personal sick leave benefits means any paid or unpaid time available to employees through employment benefit plans or paid-time-off policies for absences due to a personal illness, injury, or medical appointment. Employment benefit plans and paid-time-off policies don't include short-term or long-term disability benefits, insurance policies, or other comparable benefit plans or policies. 

Interaction with other mandates: These rights are in addition to any other rights provided by contracts or other laws. The employee sick leave law doesn't invalidate, diminish, or otherwise interfere with any collective bargaining agreement or any party's power to collectively bargain such an agreement. 

820 Ill. Comp. Stat. 191/5 to 191/15, 191/21 

Child bereavement leave: Eligible employees can take child bereavement leave to: 

  • attend their child's funeral (or alternative to a funeral); 
  • make arrangements necessitated by the death of their child; or 
  • grieve the death of their child. 

Child means employees' biological, adopted, or foster child, stepchild, or legal ward or a child for whom they stand in loco parentis. 

820 Ill. Comp. Stat. 154/5 to 154/10 (see Smart Code® for the latest cases) 

Leave Amount 
Employee sick leave: Employers that provide personal sick leave benefits must allow employees to use the benefits for absences due to a family member's illness, injury, or medical appointment. Specifically, employees can use these benefits on the same terms that apply to using the benefits for their own illness or injury. Employers can limit this use to an amount that is at least what employees would earn or accrue during six months at their current rate. If employers base personal sick leave benefits on years of service instead of annual or monthly accruals, they can limit employees' use of this leave to half their maximum annual accrual amount for absences due to a family member's illness, injury, or medical appointment. 

If employers provide personal sick leave benefits or have a paid-time-off policy that provides the same benefits, they aren't required to modify these benefits. Employers can provide greater sick leave benefits than required by the employee sick leave law. 

Personal sick leave benefits means any paid or unpaid time available to employees through employment benefit plans or paid-time-off policies for absences due to a personal illness, injury, or medical appointment. Employment benefit plans and paid-time-off policies don't include short-term or long-term disability benefits, insurance policies, or other comparable benefit plans or policies. 

Interaction with other mandates: These rights are in addition to any other rights provided by contracts or other laws. The employee sick leave law doesn't extend the maximum period of leave that employees are entitled to under the federal Family and Medical Leave Act, regardless of whether they receive sick leave compensation during their FMLA leave. It also doesn't invalidate, diminish, or otherwise interfere with any collective bargaining agreement or any party's power to collectively bargain such an agreement. 

820 Ill. Comp. Stat. 191/5 to 191/15, 191/21 

Child bereavement leave: Employers must allow eligible employees to take up to 10 workdays of unpaid child bereavement leave. Employees must complete this leave within 60 days after receiving notice of their child's death. If more than one child dies in a 12-month period, employers must allow employees to take up to a total of six weeks of unpaid child bereavement leave during the 12-month period. These provisions don't give employees the right to take unpaid leave exceeding or in addition to the amount of unpaid leave permitted by the federal Family and Medical Leave Act. 

820 Ill. Comp. Stat. 154/10 (see Smart Code® for the latest cases) 

Pay and Benefits 
Employee sick leave: Employers that provide personal sick leave benefits must allow employees to use the benefits for absences due to a family member's illness, injury, or medical appointment. Employers can provide greater sick leave benefits than required by the employee sick leave law. 

Personal sick leave benefits means any paid or unpaid time available to employees through employment benefit plans or paid-time-off policies for absences due to a personal illness, injury, or medical appointment. Employment benefit plans and paid-time-off policies don't include short-term or long-term disability benefits, insurance policies, or other comparable benefit plans or policies. 

Interaction with other mandates: These rights are in addition to any other rights provided by contracts or other laws. The employee sick leave law doesn't invalidate, diminish, or otherwise interfere with any collective bargaining agreement or any party's power to collectively bargain such an agreement. 

820 Ill. Comp. Stat. 191/5, 191/15, 191/21 

Child bereavement leave: Child bereavement leave can be unpaid. If employees are entitled to take paid or unpaid family, medical, sick, annual, personal, or similar leave under federal, state, or local laws, a collective bargaining agreement, or an employment benefits program or plan, they can choose to substitute any amount of this leave for an equivalent amount of unpaid child bereavement leave. 

820 Ill. Comp. Stat. 154/10 to 154/15 (see Smart Code® for the latest cases) 

Reference Citations 

  • Coverage: Employee sick leave: 820 Ill. Comp. Stat. 191/21 
  • Child bereavement leave: 820 Ill. Comp. Stat. 154/5 
  • Reasons for Leave: Employee sick leave: 820 Ill. Comp. Stat. 191/5 to 191/15, 191/21 
  • Child bereavement leave: 820 Ill. Comp. Stat. 154/5 to 154/10 (see Smart Code® for the latest cases) 
  • Leave Amount: Employee sick leave: 820 Ill. Comp. Stat. 191/5 to 191/15, 191/21 
  • Child bereavement leave: 820 Ill. Comp. Stat. 154/10 (see Smart Code® for the latest cases) 
  • Certification Requirements: Employee sick leave: 820 Ill. Comp. Stat. 191/10 
  • Child bereavement leave: 820 Ill. Comp. Stat. 154/10 (see Smart Code® for the latest cases) 
  • Pay and Benefits: Employee sick leave: 820 Ill. Comp. Stat. 191/5, 191/15, 191/21 
  • Child bereavement leave: 820 Ill. Comp. Stat. 154/10 to 154/15 (see Smart Code® for the latest cases) 
  • Retaliation Prohibition: Employee sick leave: 820 Ill. Comp. Stat. 191/20 
  • Child bereavement leave: 820 Ill. Comp. Stat. 154/20 
  • Notification Requirements: Child bereavement leave: 820 Ill. Comp. Stat. 154/10 (see Smart Code® for the latest cases) 
  • Administration/Enforcement: Employee sick leave: 820 Ill. Comp. Stat. 191/5, 191/25 
  • Child bereavement leave: 820 Ill. Comp. Stat. 154/5, 154/25 to 154/30 
  • Penalties/Remedies: Child bereavement leave: 820 Ill. Comp. Stat. 154/5, 154/25 to 154/30 

Web References 

  • Illinois Laws: http://www.illinois.gov/ 
  • Illinois Department of Labor: https://www2.illinois.gov/idol/Pages/default.aspx 
  • Illinois Office of the Attorney General: http://www.illinoisattorneygeneral.gov/ 

 

 Iowa

IA flag

(found on pregnancy page)

 Kansas

KS flag

(found on pregnancy page)

 Kentucky

KY flag

Overview 
Employers must allow employees to take up to six weeks of personal leave for the adoption of a child under age seven. 

Pregnancy disability leave: This topic is covered in Kentucky Pregnancy Disability Leave. 

Coverage 
Public and private employers (and their agents) are covered by the adoption leave provisions if they have any employees. Employees are people who are employed by or work for an employer. 

[Note: Franchisors aren't considered to be employers of franchisees or their employees and vice versa (as defined in 16 C.F.R. § 436.1) for any purpose, regardless of any voluntary agreement between franchisors or franchisees and the federal Department of Labor (Ky. Rev. Stat. Ann. § 337.010).] 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Ky. Rev. Stat. Ann. § 337.010 (see Smart Code® for the latest cases) 

Reasons for Leave 
Employers must allow employees to take personal leave, upon their written request, for the placement of a child under age seven with them for adoption. 

Ky. Rev. Stat. Ann. § 337.015 

Leave Amount 
Employers must allow employees to take up to six weeks of personal leave, upon their written request, for the placement of a child under age seven with them for adoption. 

Ky. Rev. Stat. Ann. § 337.015 

Pay and Benefits 
No state statutory or regulatory provisions apply generally to private-sector employment. 

Reference Citations 

  • Coverage: Ky. Rev. Stat. Ann. § 337.010 (see Smart Code® for the latest cases) 
  • Reasons for Leave: Ky. Rev. Stat. Ann. § 337.015  
  • Leave Amount: Ky. Rev. Stat. Ann. § 337.015  
  • Retaliation Prohibition: Ky. Rev. Stat. Ann. §§ 337.010, 337.990 
  • Administration/Enforcement: Ky. Rev. Stat. Ann. §§ 336.010, 336.040 to 336.050 (see Smart Code® for the latest cases), 336.060 (see Smart Code® for the latest cases), 336.070, 336.080, 336.110, 336.985 to 336.990 (see Smart Code® for the latest cases) 
  • Penalties/Remedies: Ky. Rev. Stat. Ann. § 337.990 

Web References 

  • Kentucky Laws: http://www.lrc.ky.gov/Statutes/index.aspx 
  • Kentucky Labor Cabinet: https://labor.ky.gov/Pages/index.aspx 

 

 Louisiana

LA flag

(found on pregnancy page)

 Maryland

MD flag

Overview 
Paid leave: Employers must allow eligible employees to use paid leave for their immediate family members' illness under the same conditions and policy rules that would apply if they took leave for their own illness. 

Parental leave: Employers must grant up to six workweeks of parental leave to eligible employees for the birth, adoption, or foster placement of a child. 

Paid adoption leave: Employers that provide paid leave for childbirth also must provide this leave for the adoption of a child. 

Earned sick and safe leave: This topic is covered in Maryland Paid Sick Leave. 

Pregnancy disability leave: This topic is covered in Maryland Pregnancy Disability Leave. 

Coverage 
Paid leave: Employers and their agents are covered by the paid leave provisions if they:• do business in Maryland; 

  • provide paid leave under the terms of a collective bargaining agreement or an employment policy; and 
  • employ 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. 

Eligible employees: Employees who primarily work in Maryland are covered by the paid leave provisions. 

Md. Code Ann., Lab. & Empl. § 3-802 (see Smart Code® for the latest cases) 

Parental leave: Public and private employers (and their agents and successors) are covered by the parental leave provisions if they have 15 to 49 employees in Maryland for each workday in each of 20 or more calendar workweeks in the current or preceding calendar year. Employees don't include independent contractors. 

Eligible employees: Employees are eligible for parental leave if they have worked for their employer for at least a 12-month period and at least 1,250 hours during the previous 12 months. Employees aren't eligible if they work at a worksite where their employer has fewer than 15 employees and their employer has fewer than 15 employees total within 75 miles of that worksite. Independent contractors also aren't eligible for parental leave. 

Employers can deny parental leave to eligible employees if: 

  • this denial is necessary to prevent substantial and grievous economic harm to employer operations; and 
  • employers notify employees of the denial before this leave begins. 

Md. Code Ann., Lab. & Empl. §§ 3-1201 to 3-1202  

Paid adoption leave: Employers (and their agents) are covered by the paid adoption leave provisions if they do business in Maryland 

Md. Code Ann., Lab. & Empl. § 3-801 (see Smart Code® for the latest cases) 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Reasons for Leave 
Paid leave: Employers must allow eligible employees to use paid leave for their immediate family members' illness under the same conditions and policy rules that would apply if they took leave for their own illness. Agreements between employers and employees to waive these provisions are void. 

Immediate family members are children, spouses, and parents. Children are adopted, biological, or foster children, stepchildren, and legal wards who are under age 18 or are incapable of self-care due to mental or physical disabilities. Parents are adoptive, biological or foster parents, stepparents, legal guardians, and people standing in loco parentis. 

Md. Code Ann., Lab. & Empl. § 3-802 (see Smart Code® for the latest cases) 

Parental leave: Employees can take parental leave for: 

  • the birth of their child; or 
  • the placement of a child with them for adoption or foster care. 

Md. Code Ann., Lab. & Empl. § 3-1202  

Paid adoption leave: Employers that provide paid leave to employees after the birth of their child must provide the same paid leave to employees when a child is placed with them for adoption. 

Md. Code Ann., Lab. & Empl. § 3-801 (see Smart Code® for the latest cases) 

Leave Amount 
Paid leave: Employers must allow eligible employees to use paid leave for their immediate family members' illness under the same conditions and policy rules that would apply if they took leave for their own illness. Employees only can use such paid leave that they have earned. Employees who earn more than one type of paid leave can chose which type and amount of paid leave to use. Agreements between employers and employees to waive these provisions are void. 

Paid leave means paid leave that is earned and available to employees based on hours worked or as an annual grant of a fixed number of hours or days of leave. It includes sick, vacation, or other paid leave and compensatory leave. It doesn't include benefits provided under employee welfare benefit plans subject to the federal Employee Retirement Income Security Act; insurance benefits, including benefits from employers' self-insured plans; workers' compensation; unemployment compensation; disability benefits; or similar benefits. 

Interaction with other mandates: Employees who use such paid leave must comply with the terms of a collective bargaining agreement or an employment policy. Employers must comply with this agreement or policy, even if it provides paid leave benefits that are equal to or greater than those provided under the paid leave provisions. 

The paid leave provisions don't extend employees' maximum leave period under the federal Family and Medical Leave Act and don't limit the leave period they are entitled to under the law. 

Md. Code Ann., Lab. & Empl. § 3-802 (see Smart Code® for the latest cases) 

Parental leave: Eligible employees can take up to six workweeks of unpaid parental leave during a 12-month period. The parental leave provisions don't prohibit employers from offering more generous leave policies. 

Md. Code Ann., Lab. & Empl. §§ 3-1202, 3-1211 

Paid adoption leave: Employers that provide paid leave to employees after the birth of their child must provide the same paid leave to employees when a child is placed with them for adoption. 

Md. Code Ann., Lab. & Empl. § 3-801 (see Smart Code® for the latest cases) 

Pay and Benefits 
Paid leave: Employers must allow eligible employees to use paid leave for their immediate family members' illness under the same conditions and policy rules that would apply if they took leave for their own illness. 

Md. Code Ann., Lab. & Empl. § 3-802 (see Smart Code® for the latest cases) 

Parental leave: Parental leave can be unpaid. If employers provide paid leave, they can require employees to substitute paid leave for unpaid parental leave or employees can choose to make this substitution. 

During parental leave, employers must maintain employees' coverage under any group health insurance plan in the same manner that would have applied if they didn't take this leave. Employers can recover employer-paid premiums for maintaining this coverage if employees fail to return to work upon the expiration of their parental leave, unless this failure is due to circumstances beyond their control. Employers also must pay any commission due to employees on parental leave for work they performed before taking this leave. 

The parental leave provisions don't reduce employers' obligation to comply with collective bargaining agreements and employee benefit programs or plans that provide greater family or medical leave rights. Likewise, these agreements, programs, and plans don't reduce employers' obligation to comply with the parental leave provisions. 

Md. Code Ann., Lab. & Empl. §§ 3-1202, 3-1205, 3-1210 

Paid adoption leave: Employers that provide paid leave to employees after the birth of their child must provide the same paid leave to employees when a child is placed with them for adoption. 

Md. Code Ann., Lab. & Empl. § 3-801 (see Smart Code® for the latest cases) 

Reference Citations 

  • Coverage: Paid leave: Md. Code Ann., Lab. & Empl. § 3-802 (see Smart Code® for the latest cases) 
  • Parental leave: Md. Code Ann., Lab. & Empl. §§ 3-1201 to 3-1202 
  • Paid adoption leave: Md. Code Ann., Lab. & Empl. § 3-801 (see Smart Code® for the latest cases) 
  • Reasons for Leave: Paid leave: Md. Code Ann., Lab. &Empl. § 3-802 (see Smart Code® for the latest cases) 
  • Parental leave: Md. Code Ann., Lab. & Empl. § 3-1202 
  • Paid adoption leave: Md. Code Ann., Lab. & Empl. § 3-801 (see Smart Code® for the latest cases) 
  • Leave Amount: Paid leave: Md. Code Ann., Lab. & Empl. § 3-802 (see Smart Code® for the latest cases) 
  • Parental leave: Md. Code Ann., Lab. & Empl. §§ 3-1202, 3-1211 
  • Paid adoption leave: Md. Code Ann., Lab. & Empl. § 3-801 (see Smart Code® for the latest cases) 
  • Pay and Benefits: Paid leave: Md. Code Ann., Lab. &Empl. § 3-802 (see Smart Code® for the latest cases) 
  • Parental leave: Md. Code Ann., Lab. & Empl. §§ 3-1202, 3-1205, 3-1210 
  • Paid adoption leave: Md. Code Ann., Lab. & Empl. § 3-801 (see Smart Code® for the latest cases) 
  • Return to Work: Parental leave: Md. Code Ann., Lab. & Empl. §§ 3-1201, 3-1204 
  • Retaliation Prohibition: Paid leave: Md. Code Ann., Lab. &Empl. § 3-802 (see Smart Code® for the latest cases) 
  • Parental leave: Md. Code Ann., Lab. & Empl. §§ 2-101, 3-1209 
  • Notification Requirements: Parental leave: Md. Code Ann., Lab. & Empl. § 3-1203 
  • Administration/Enforcement: Paid leave: Md. Code Ann., Lab. &Empl. §§ 3-101, 3-103, 3-802 (see Smart Code® for the latest cases) 
  • Parental leave: Md. Code Ann., Lab. & Empl. §§ 2-101 to 2-103, 3-101, 3-103, 3-1206 to 3-1209 
  • Paid adoption leave: Md. Code Ann., Lab. & Empl. §§ 2-101 to 2-103, 3-101, 3-103, 3-801 (see Smart Code® for the latest cases) 
  • Penalties/Remedies: Paid leave: Md. Code Ann., Lab. &Empl. § 3-802 (see Smart Code® for the latest cases) 
  • Parental leave: Md. Code Ann., Lab. & Empl. §§ 3-1207 to 3-1209 
  • Paid adoption leave: Md. Code Ann., Lab. & Empl. § 3-801 (see Smart Code® for the latest cases) 

Web References 

  • Maryland Laws: http://mgaleg.maryland.gov/ 
  • Maryland Department of Labor: https://www.dllr.state.md.us/ 
  • Maryland Office of the Attorney General: http://www.marylandattorneygeneral.gov/ 

 

 Maine

ME flag

Coverage/Eligibility
Private employers with 15 or more employees; all state employers, and local governments with 25 or more employees.

Family Medical Leave Provisions (unpaid unless noted)
Up to 10 weeks in two years for the birth of a child or adoption of a child age 16 or younger. Includes leave to be an organ donor. Does not require spouses to share leave.

Provides Leave to Care for
Child, spouse, parent, sibling who lives with employee, civil union partner, child of civil union partner, or non-dependent adult child.

 Minnesota

MN flag

Overview
Pregnancy and parenting leave: Employers must allow eligible employees to take up to 12 weeks of leave for childbirth, adoption, prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions. 

Sick leave: If employers provide personal sick leave benefits to eligible employees, they can use the benefits for reasonable periods of time for absences due to their family member's illness or injury. Eligible employees also can use sick leave for reasonable periods of time to assist themselves or their family members for reasons related to sexual assault, domestic abuse, or stalking. 

Maternity and paternity leave: If employers provide maternity or paternity leave to employees who are biological mothers or fathers, they must allow employees who are adoptive mothers or fathers to take leave to arrange for their adopted child's placement or to care for the child after placement. 

Pregnancy disability leave: This topic is covered in Minnesota Pregnancy Disability Leave. 

Coverage 
Pregnancy and parenting leave: Public and private employers are covered by the pregnancy and parenting leave provisions if they have 21 or more employees at one or more worksites. Employees are those who: 

  • have worked for their employer for at least the past 12 months; and 
  • have worked for their employer for an average number of hours per week equal to half a full-time equivalent position in their job classification, as defined by the employer's personnel policies or practices or pursuant to the provisions of a collective bargaining agreement, during the past 12 months. 

They include all employees at any worksite owned or operated by the employer, but don't include independent contractors. 

Eligible employees: Employees are eligible for pregnancy and parenting leave if they meet the definition of “employees” above. 

Minn. Stat. § 181.940 (see Smart Code® for the latest cases) 

Sick leave: Public and private employers are covered by the sick leave provisions if they have 21 or more employees at one or more worksites. Employees are those who: 

  • have worked for their employer for at least the past 12 months; and 
  • have worked for their employer for an average number of hours per week equal to half a full-time equivalent position in their job classification, as defined by the employer's personnel policies or practices or pursuant to the provisions of a collective bargaining agreement, during the past 12 months. 

They include all employees at any worksite owned or operated by the employer, but don't include independent contractors. 

Eligible employees: Employees are covered by the sick leave provisions if they meet the definition of “employees” above. 

Minn. Stat. § 181.940 (see Smart Code® for the latest cases) 

Maternity and paternity leave: Public and private employers are covered by the maternity and paternity leave provisions. 

Minn. Stat. § 181.92  

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Reasons for Leave 
Pregnancy and parenting leave: Employers must allow:• eligible employees who are biological parents to take leave for the birth their child; 

  • eligible employees who are adoptive parents to take leave for their adoption of a child who is under age 18 or is under age 20 but still attending secondary school; and 
  • eligible female employees to take leave for prenatal care or their incapacity due to pregnancy, childbirth, or related health conditions. 

[Note: The Minnesota Supreme Court has held that employees only are required to state a qualifying reason for leave under the state's Parenting Leave Act, which includes the pregnancy and parenting leave provisions, in order to invoke the law's protections (Hansen v. Robert Half Intl., Inc., 813 N.W.2d 906, 2012 BL 134289 (Minn. 2012)).] 

Minn. Stat. §§ 181.940 (see Smart Code® for the latest cases), 181.941 (see Smart Code® for the latest cases) 

Sick leave: If employers provide personal sick leave benefits to eligible employees, they can use the benefits for absences due to their family member's illness or injury, under the same terms that apply to such use for their own illness or injury. Personal sick leave benefits means leave accrued and available to employees for absences due to their own illness or injury, excluding short-term or long-term disability or other salary continuation benefits. 

Eligible employees also can use sick leave to assist themselves or their family members for safety leave purposes. Safety leave is leave to provide or receive assistance because of sexual assault, domestic abuse, or stalking. Domestic abuse is defined in Minn. Stat. § 518B.01. Sexual assault is an act that violates Minn. Stat. §§ 609.342 to 609.3453 or 609.352. Stalking is defined in Minn. Stat. § 609.749. 

Family member means a child, spouse, sibling, parent, parent-in-law, grandchild, grandparent, or stepparent. Child means a minor or adult child, including a stepchild and biological, adopted, or foster child. Grandchild includes a step-grandchild and biological, adopted, or foster grandchild. 

[Note: The Minnesota Supreme Court has held that employees only are required to state a qualifying reason for leave under the state's Parenting Leave Act, which includes the sick leave provisions, in order to invoke the law's protections (Hansen v. Robert Half Intl., Inc., 813 N.W.2d 906, 2012 BL 134289 (Minn. 2012)).] 

Minn. Stat. §§ 181.940 (see Smart Code® for the latest cases), 181.9413 (see Smart Code® for the latest cases) 

Maternity and paternity leave: If employers provide maternity or paternity leave to employees who are biological mothers or fathers, they must allow employees who are adoptive mothers or fathers to take leave to arrange for their adopted child's placement or to care for the child after placement. 

Minn. Stat. § 181.92 

Leave Amount 
Pregnancy and parenting leave: Eligible employees can take up to 12 weeks of pregnancy and parenting leave, or more if agreed to by employers. This leave must start on the date requested by employees, although employers can adopt reasonable policies governing the timing of these requests. Parenting leave must start within 12 months after a child's birth or adoption. If the child must remain in a hospital longer than the child's mother, parenting leave must start within 12 months after the child leaves the hospital. 

The duration of pregnancy and parenting leave can be reduced by any period of:• paid parental, disability, personal, medical, or sick leave or accrued vacation provided by employers, so that the total amount of leave doesn't exceed 12 weeks unless they agree to a higher amount; or 

  • leave taken for the same purpose under the federal Family and Medical Leave Act (29 U.S.C. §§ 2601 to 2654). 

These provisions don't prevent employers from providing additional leave benefits. 

Minn. Stat. §§ 181.941 (see Smart Code® for the latest cases), 181.943 (see Smart Code® for the latest cases) 

Sick leave: If employers provide personal sick leave benefits to eligible employees, they can use the benefits for absences due to their family member's illness or injury. Specifically, they can use these benefits for reasonable periods of time, under the same terms that apply to such use for their own illness or injury. Personal sick leave benefits means leave accrued and available to employees for absences due to their own illness or injury, excluding short-term or long-term disability or other salary continuation benefits. 

Eligible employees also can use sick leave for reasonable periods of time to assist themselves or their family members for safety leave purposes. Safety leave is leave to provide or receive assistance because of sexual assault, domestic abuse, or stalking. 

Employers can limit employees' use of personal sick leave benefits or safety leave for those purposes to at least 160 hours in any 12-month period, unless the use is for absences due to their child's illness or injury. Child means a child who is under age 18 or is under age 20 but still attending secondary school. Employers also can provide more generous sick leave benefits. 

These provisions don't prevent employers from providing additional leave benefits. 

Minn. Stat. §§ 181.940 (see Smart Code® for the latest cases), 181.9413 (see Smart Code® for the latest cases), 181.943 (see Smart Code® for the latest cases) 

Maternity and paternity leave: If employers provide maternity or paternity leave to employees who are biological mothers or fathers, they must allow employees who are adoptive mothers or fathers to take at least four weeks of leave upon request. If employers have an established policy that provides less than four weeks of maternity/paternity leave to biological parents, that period of leave must be the minimum period of leave for adoptive parents. 

Leave for adoptive parents begins at their discretion, either before or at the time of a child's placement in their home. 

Minn. Stat. § 181.92 

Pay and Benefits 
Pregnancy and parenting leave: Pregnancy and parenting leave can be unpaid. Employers must continue to make coverage available under any group insurance policy, group subscriber contract, or health-care plan for employees and any dependents during their period of pregnancy and parenting leave; however, employers aren't required to pay the costs of this coverage. 

Minn. Stat. § 181.941 (see Smart Code® for the latest cases) 

Sick leave: If employers provide personal sick leave benefits to eligible employees, they can use the benefits for absences due to their family member's illness or injury, under the same terms that apply to such use for their own illness or injury. Personal sick leave benefits means leave accrued and available to employees for absences due to their own illness or injury, excluding short-term or long-term disability or other salary continuation benefits. These benefits are payable to employees from employers' general assets. 

Minn. Stat. § 181.9413 (see Smart Code® for the latest cases) 

Maternity and paternity leave: If employers provide maternity or paternity leave to employees who are biological mothers or fathers, they must allow employees who are adoptive mothers or fathers to take paid or unpaid leave. 

Minn. Stat. § 181.92 

Reference Citations 

  • Coverage: Pregnancy and parenting leave: Minn. Stat. § 181.940 (see Smart Code® for the latest cases) 
  • Sick leave: Minn. Stat. § 181.940 (see Smart Code® for the latest cases) 
  • Maternity and paternity leave: Minn. Stat. § 181.92 
  • Reasons for Leave: Pregnancy and parenting leave: Minn. Stat. §§ 181.940 (see Smart Code® for the latest cases), 181.941 (see Smart Code® for the latest cases) 
  • Sick leave: Minn. Stat. §§ 181.940 (see Smart Code® for the latest cases), 181.9413 (see Smart Code® for the latest cases) 
  • Maternity and paternity leave: Minn. Stat. § 181.92 
  • Leave Amount: Pregnancy and parenting leave: Minn. Stat. §§ 181.941 (see Smart Code® for the latest cases), 181.943 (see Smart Code® for the latest cases) 
  • Sick leave: Minn. Stat. §§ 181.940 (see Smart Code® for the latest cases), 181.9413 (see Smart Code® for the latest cases), 181.943 (see Smart Code® for the latest cases) 
  • Maternity and paternity leave: Minn. Stat. § 181.92 
  • Pay and Benefits: Pregnancy and parenting leave: Minn. Stat. § 181.941 (see Smart Code® for the latest cases) 
  • Sick leave: Minn. Stat. § 181.9413 (see Smart Code® for the latest cases) 
  • Maternity and paternity leave: Minn. Stat. § 181.92 
  • Return to Work: Pregnancy and parenting leave: Minn. Stat. § 181.942 (see Smart Code® for the latest cases) 
  • Sick leave: Minn. Stat. § 181.942 (see Smart Code® for the latest cases) 
  • Employer Policy Requirements: Pregnancy and parenting leave: Minn. Stat. § 181.941 (see Smart Code® for the latest cases) 
  • Retaliation Prohibition: Pregnancy and parenting leave: Minn. Stat. § 181.941 (see Smart Code® for the latest cases) 
  • Sick leave: Minn. Stat. § 181.9413 (see Smart Code® for the latest cases) 
  • Maternity and paternity leave: Minn. Stat. § 181.92 
  • Notification Requirements: Pregnancy and parenting leave: Minn. Stat. §§ 181.941 (see Smart Code® for the latest cases), 181.942 (see Smart Code® for the latest cases) 
  • Mandatory Poster: Pregnancy and parenting leave: Minn. Stat. § 181.9436 
  • Sick leave: Minn. Stat. § 181.9436 
  • Administration/Enforcement: Minn. Stat. §§ 175.001, 175.171, 175.20, 175.24 to 175.25 (see Smart Code® for the latest cases), 175.27 (see Smart Code® for the latest cases), 177.23, 177.26 to 177.27 (see Smart Code® for the latest cases) 
  • Pregnancy and parenting leave: Minn. Stat. §§ 181.9435, 181.944 (see Smart Code® for the latest cases) 
  • Sick leave: Minn. Stat. §§ 181.9435, 181.944 (see Smart Code® for the latest cases) 
  • Penalties/Remedies: Minn. Stat. §§ 177.23, 177.27 (see Smart Code® for the latest cases) 
  • Pregnancy and parenting leave: Minn. Stat. § 181.944 (see Smart Code® for the latest cases) 
  • Sick leave: Minn. Stat. § 181.944 (see Smart Code® for the latest cases) 

Web References 

  • Minnesota Laws: https://www.revisor.mn.gov/statutes/ 
  • Minnesota Department of Labor and Industry: https://www.dli.mn.gov/ 
  • Minnesota Department of Labor and Industry, Division of Labor Standards and Apprenticeship: https://www.dli.mn.gov/laborlaw 

Coverage/Eligibility
All employers with 21 or more employees. An employee who has worked for an employer for at least 12 consecutive months immediately preceding the request, and whose average number of hours per week equal one-half of a full-time equivalent position. All employers with at least one employee for school activities leave only.
 

Family Medical Leave Provisions (unpaid unless noted)
Up to six weeks for the birth or adoption of a child. Does not require spouses to share leave. Permits employees to use personal sick leave benefits to care for an ill or injured child on the same terms as for the employee's own use. Up to 10 working days when a person's parent, child, grandparents, siblings, or spouse who is a member of the United States armed forces, has been injured or killed while in active service. Up to 40 hours to undergo a medical procedure to donate bone marrow or to donate an organ or partial organ.
 

Provides Leave to Care for
Child, spouse, parent, grandparent or sibling.

 

 Missouri

MO flag

(found on pregnancy page)

 Montana

MT flag

(found on pregnancy page)

 New Hampshire

NH flag

(pregnancy leave)

 

 Nebraska

NE flag

Overview 
If employers allow employees who are biological parents to take leave after the birth of their child, employees who are adoptive parents must be allowed to take leave when a child is placed with them for adoption. 

Pregnancy disability leave: This topic is covered in Nebraska Pregnancy Disability Leave. 

Coverage 
Public and private employers are covered by the adoption leave provisions. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Neb. Rev. Stat. § 48-234 

Reasons for Leave 
If employers allow employees who are biological parents to take leave after the birth of their child, employees who are adoptive parents must be allowed to take leave under the same terms when a child is placed with them for adoption. This requirement doesn't apply if the child being adopted: 

  • is over age eight and doesn't have special needs; 
  • is over age 18 and has special needs; 
  • is a stepchild being adopted by a stepparent; 
  • is a foster child being adopted by a foster parent; or 
  • was originally under a voluntary placement for purposes other than adoption without assistance from an attorney, physician, or other individual or agency and the placement later resulted in a petition for the child's adoption by the person with whom the placement was made. 

Neb. Rev. Stat. § 48-234 

Leave Amount 
If employers allow employees who are biological parents to take leave after the birth of their child, employees who are adoptive parents must be allowed to take the same amount of leave under the same terms when a child is placed with them for adoption. 

Neb. Rev. Stat. § 48-234 

Pay and Benefits 
No state statutory or regulatory provisions apply generally to private-sector employment. 

Reference Citations 
Neb. Rev. Stat. § 48-234 

Web References 
Nebraska Laws: http://nebraskalegislature.gov/laws/browse-statutes.php 

 

 Nevada

NV flag

Overview 
An employer can't require employees to be physically present at their workplace in order to notify the employer that they are sick or have sustained a nonwork-related injury and can't work. 

Paid leave: This topic is covered in Nevada Paid Sick Leave. 

Pregnancy disability leave: This topic is covered in Nevada Pregnancy Disability Leave. 

Coverage 
Public and private employers are covered by the notification requirements. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Nev. Rev. Stat. § 613.NEW (2019 Nev. Stat. 65 (A.B. 181)) 

Reasons for Leave 
No state statutory or regulatory provisions apply generally to private-sector employment. 

Leave Amount 
No state statutory or regulatory provisions apply generally to private-sector employment. 

Pay and Benefits 
No state statutory or regulatory provisions apply generally to private-sector employment. 

Reference Citations 
Nev. Rev. Stat. § 613.NEW (2019 Nev. Stat. 65 (A.B. 181)) 

Web References 

  • Nevada Laws: http://www.leg.state.nv.us/law1.cfm 
  • Nevada Department of Business and Industry, Office of the Labor Commissioner: http://labor.nv.gov/ 

 

 New Jersey

NJ flag

Overview 
Family leave: Eligible employees can take up to 12 weeks of family leave in any 24-month period for the birth of their child, the placement of a child with them for adoption or foster care, or their family member's serious health condition. 

Family leave insurance: Eligible employees can receive insurance benefits when they take leave for their family member's serious health condition, the birth of their child, the placement of a child with them for adoption or foster care, or activities for which unpaid crime victim leave can be taken. Benefits are payable for up to six weeks in a 12-month period. Benefits for leave beginning on or after July 1, 2020, are payable for up to 12 weeks in a 12-month period (or up to 56 days in a 12-month period if leave is taken intermittently). For more information, see New Jersey Family-Leave Insurance. 

Earned sick leave: This topic is covered in New Jersey Paid Sick Leave. 

Pregnancy disability leave: This topic is covered in New Jersey Pregnancy Disability Leave. 

Coverage 
Private employers in New Jersey are covered by the family leave law if they have 30 or more employees for each workday during each of 20 or more calendar workweeks in the current or immediately preceding calendar year. The law also applies to all public employers, regardless of their workforce size. 

For counting purposes, employees include those working in or outside the state, regardless of whether they are eligible for family leave. They also include workers in an ongoing contractual relationship with an employer that retains substantial control, directly or indirectly, over their employment opportunities or terms and conditions of employment. In addition, they might include the employees of an employer's subsidiary, division, or other related entity, depending on factors such as the interrelationship of employer operations, degree to which control of labor relations is centralized, existence of common management, and degree of common ownership or financial control. 

Eligible employees: Employees are eligible for family leave if they have worked for their employer for compensation for at least 12 months and at least 1,000 base hours during the immediately preceding 12-month period. Base hours are compensated hours or work, including overtime hours, hours for which employees receive workers' compensation benefits, and hours they would have worked if it weren't for their military service. At employers' discretion, base hours can include hours for which employees receive other types of compensation such as administrative, personal, vacation, or sick leave. 

If employees are laid off or furloughed due to their employer curtailing operations because of a state of emergency, up to 90 calendar days of the layoff or furlough period counts as time worked. Their weekly base hours during that period are considered to be the same as their average number of hours worked per week during the rest of the immediately preceding 12-month period. A state of emergency is a natural or man-made disaster or emergency for which a state of emergency has been declared by the U.S. president, New Jersey's governor, or a municipal emergency management coordinator. 

An employer can deny family leave to an eligible employee if the:• employee is salaried; 

  • employee's base salary ranks among the highest-paid 5% of employees or seven highest-paid employees in the employer's overall workforce, whichever group is bigger; 
  • employer can show that this leave would cause substantial, grievous economic harm to its operations; and 
  • employer notifies the employee of its intent to deny the leave when it makes this determination. 

Effective March 25 until April 14, 2020, this exception doesn't apply when the employee needs family leave—during an epidemic of a communicable disease or a known or suspected exposure to the disease—because a health-care provider, the New Jersey Commissioner of Health, or another authorized public official orders, directs, or recommends the isolation or quarantine of a family member who needs the employee's care or because a family member's place of care is closed due to a state of emergency declared by New Jersey's governor or by order of the health commissioner or another authorized public official. [Note: This exception was repealed effective April 14, 2020, retroactive to March 25, 2020.] 

Effective April 14, 2020, retroactive to March 25, 2020, this exception doesn't apply in the event of a state of emergency declared by New Jersey's governor or when necessary as indicated by the New Jersey Commissioner of Health or another public health authority if the family leave is for an epidemic of a communicable disease, a known or suspected exposure to the disease, or efforts to prevent the disease from spreading. 

Base salary means regular gross salary, excluding overtime, bonus, and similar payments. Substantial, grievous economic harm is economic harm that would substantially and adversely affect employer operations, well beyond the costs associated with replacing the employee. If the leave has started when the employer make this notification, the employee must return to work within 10 workdays after the notification is made. 

Effective April 14, 2020, retroactive to March 25, 2020, the statutory definition of a health-care provider is a licensed health-care provider or another health-care provider deemed appropriate by the New Jersey Division on Civil Rights. The regulatory definition of a health-care provider is anyone licensed to provide health-care services under federal, state, local, or another country's laws and anyone authorized by a health-care provider to provide health care. 

Mandatory poster: All employers in New Jersey are covered by the mandatory poster provisions, regardless of whether they have employees who are eligible for family leave. 

This summary covers requirements for private-sector employers and employees, excluding industry/occupation-specific requirements. 

N.J. Stat. Ann. §§ 34:11B-3 (2020 N.J. Laws 23 (S. 2374)) (see Smart Code® for the latest cases), 34:11B-4 (2020 N.J. Laws 17 (S. 2304); 2020 N.J. Laws 23 (S. 2374)) (see Smart Code® for the latest cases) 

N.J. Admin. Code §§ 13:14-1.2 to 13:14-1.3, 13:14-1.9, 13:8-2.1 to 13:8-2.2 

  • Reasons for Leave 

Eligible employees can take family leave to provide care in connection with:• the birth of their child, including a child born pursuant to a valid written agreement between an employee and a gestational carrier; 

  • the placement of a child with them for adoption or foster care; or 
  • their family member's serious health condition. 

Effective April 14, 2020, retroactive to March 25, 2020, in the event of a state of emergency declared by New Jersey's governor or when necessary as indicated by the New Jersey Commissioner of Health or another public health authority, employees also can take family leave for any of the following situations to provide care in connection with an epidemic of a communicable disease, a known or suspected exposure to the disease, or efforts to prevent the disease from spreading:• Their child requires in-home care or treatment because the child's school or place of care is closed by order of a public official due to the epidemic or another public health emergency. 

  • A public health authority issues a mandatory quarantine or other determination that requires or imposes responsive or prophylactic measures due to an illness caused by the epidemic or exposure, the determination is made because their family member's presence in the community would jeopardize other people's health, and the family member needs their care. 
  • A health-care provider or public health authority recommends that their family member, who needs their care, voluntarily self-quarantine due to suspected exposure to a communicable disease because the family member's presence in the community would jeopardize other people's health. 

Care means physical care, emotional support, visitation, assistance with treatment, transportation, arranging for a change in care, assistance with essential daily living issues, and personal attendant services. 

Child means a biological, adopted, foster, or resource family child; a stepchild or legal ward; and the child of a parent, including a child who became the child of a parent through a valid written agreement between the parent and a gestational carrier. 

Parent means a biological, adoptive, foster, or resource family parent; a stepparent, parent-in-law, or legal guardian; a person who has a “parent-child relationship”with a child, as defined by law; a person who has sole or joint legal or physical custody, care, or guardianship of a child or visitation with a child; and a person who became the parent of a child through a valid written agreement with a gestational carrier. 

Family member means a child, spouse, domestic or civil union partner, parent, parent-in-law, sibling, grandparent, grandchild, or blood relative and any other person who is shown to have a close association that is equivalent to a family relationship. 

A serious health condition is an illness, injury, impairment, or physical or mental condition that requires inpatient care in a hospital, hospice, or residential medical-care facility or requires continuing medical treatment or supervision by a health-care provider. Continuing medical treatment or supervision by a health-care provider means any of the following:• More than three consecutive days of incapacity, which is an inability to work, attend school, or perform regular daily activities due to a serious health condition, its treatment, or recovery from the condition, and any subsequent treatment or period of incapacity related to the same condition. A health-care provider must provide treatment at least twice, or once with a resulting regimen of continuing treatment under a health-care provider's supervision. 

  • Prenatal care or any period of incapacity due to pregnancy. 
  • Any period of incapacity or related treatment due to a chronic, serious health condition. 
  • A permanent or long-term period of incapacity due to a condition for which treatment might not be effective, where a health-care provider has continuing supervision but isn't necessarily providing active treatment. 
  • Any period of absence to receive multiple treatments by a health-care provider or by a health-care services provider via a health-care provider's orders or referral, including any related recovery period. The treatments must be for restorative surgery after an accident or other injury or for a condition that would likely result in more than three consecutive days of incapacity in the absence of medical intervention or treatment. 

Effective March 25 until April 14, 2020, during a state of emergency declared by New Jersey's governor or when necessary as indicated by the New Jersey Commissioner of Health or another public health authority, a “serious health condition”includes an illness caused by an epidemic of a communicable disease, a known or suspected exposure to the disease, or efforts to prevent the disease from spreading. This definition applies when an employee's family member requires in-home care or treatment due to a health-care provider, the health commissioner, or another public health authority determining that the family member's presence in the community might jeopardize other people's health and the provider or authority recommending, directing, or ordering that the family member be isolated or quarantined because of suspected exposure to the communicable disease. [Note: This definition was repealed effective April 14, 2020, retroactive to March 25, 2020.] 

Effective April 14, 2020, retroactive to March 25, 2020, the statutory definition of a health-care provider is a licensed health-care provider or another health-care provider deemed appropriate by the New Jersey Division on Civil Rights. The regulatory definition of a health-care provider is anyone licensed to provide health-care services under federal, state, local, or another country's laws and anyone authorized by a health-care provider to provide health care. 

Interaction with other mandates: Medical or disability leave granted under other laws, but not the family leave law, doesn't limit employees' right to leave or other protections under the family leave law. 

Family leave is in addition to, and doesn't limit or conflict with, any rights under New Jersey's Temporary Disability Benefits Law (N.J. Stat. Ann. § 43:21-25 et seq.). Employees retain all of their rights under the law when taking leave under the family leave law. Their receipt of disability benefits or other compensation doesn't limit or impair their right to take leave under the family leave law to care for a family member. 

The family leave law doesn't justify the reduction of more generous employment benefits that are employer-provided or required by a collective bargaining agreement. The law also doesn't prohibit the negotiation and provision, through collective bargaining agreements, of leave policies or benefit programs that provide more generous benefits. Employment benefits are all benefits and policies provided or offered to employees by employers, including sick or annual leave. 

N.J. Stat. Ann. §§ 34:11B-3 (2020 N.J. Laws 17 (S. 2304); 2020 N.J. Laws 23 (S. 2374)) (see Smart Code® for the latest cases), 34:11B-13 to 34:11B-14 (see Smart Code® for the latest cases) 

N.J. Admin. Code §§ 13:14-1.2, 13:14-1.5 to 13:14-1.6 

Leave Amount 
Eligible employees can take up to 12 weeks of family leave in any 24-month period for one or more permitted reasons. Employers can choose any of the following as a basis for determining the 24-month period: 

  • the calendar year; 
  • any other fixed year such as a fiscal year or a year starting on an employee's anniversary date; 
  • the 24-month period starting when an employee's family leave begins; or 
  • a “rolling”24-month period measured backward from the date an employee uses any family leave. 

Employers must notify employees of the chosen basis and apply it consistently and uniformly to all employees. Employers that change to another basis must give employees at least 60 days'notice of the change and ensure that they retain 12 weeks of family leave under the basis that provides the greatest benefit to them. Employers can't implement a new basis to avoid the family leave requirements. If they fail to select a basis, the basis that provides the greatest benefit to employees will be used. 

Family leave for the birth, adoption, or foster-care placement of a child can start at any time within one year after the date of that event. Employers must allow more than one employee from the same family to take family leave at the same time if they are eligible for this leave. 

Employees can't perform services for another employer on a full-time basis during a period of family leave, unless they provided the services for the employer immediately before the leave started. Employees can work part-time for another employer during the leave period if their work hours aren't more than half of what they regularly worked for the employer from whom they requested leave. If this part-time employment started before the leave started, they can continue to work the same number of hours that they were regularly scheduled for before the leave started. Employers can't have a policy or practice that prohibits part-time employment during a period of family leave. 

Intermittent leave: Employees can take family leave intermittently when medically necessary (as specified by N.J. Stat. Ann. § 43:21-39.2) to care for their family member's serious health condition. If this leave is for the birth, adoption, or foster-care placement of a healthy child, it can be taken intermittently (as specified by N.J. Stat. Ann. § 43:21-39.3(a)(2))if agreed to by employers. Intermittently means that employees take family leave in separate periods for a single permitted reason, where each leave period is at least one workweek. Workweek means the number of days that an employee normally works each calendar week, regardless of the number of hours worked each day. 

Effective April 14, 2020, retroactive to March 25, 2020, employees also can take family leave intermittently for an epidemic of a communicable disease, a known or suspected exposure to the disease, or efforts to prevent the disease from spreading. They must provide advance notice of this leave as soon as practicable and, if possible before starting the leave, provide a regular schedule of the days when the leave will be taken. 

Intermittent leave must be taken within a consecutive 12-month period for a single serious health condition. Intermittent leave for multiple episodes can be taken within a consecutive 24-month period or until 12 weeks of family leave is exhausted, whichever period is shorter. After the leave period expires, any remaining family leave can be taken as otherwise permitted. 

Employees must make a reasonable effort to schedule intermittent leave in ways that don't unduly disrupt employer operations. Unduly disrupt means employers can prove that intermittent leave would cause them measurable economic or other harm that is significantly greater than any measurable harm that would be caused by consecutive leave. Consecutive leave is leave taken without interruption based on employees' regular work schedule, excluding employment breaks where they aren't regularly scheduled to work. 

Reduced-leave schedule: Employees can choose to take a period of family leave on a reduced-leave schedule for up to 12 consecutive months in any 24-month period. After the 12-month period expires, any remaining family leave can be taken on a consecutive or intermittent basis until the 24-month period expires. Reduced-leave schedule means that employees take family leave for a single permitted reason for less than their usual number of hours worked per workweek, but not less than their usual number of hours worked per workday unless agreed to by employers. Workweek means the number of days that an employee normally works each calendar week, regardless of the number of hours worked each day. (Employees can take up to 60 days of family leave if they normally work five days each calendar week, or up to 48 days for a four-day workweek.) 

Employees must make a reasonable effort to schedule reduced leave in ways that don't unduly disrupt employer operations. Unduly disrupt means employers can prove that a reduced-leave schedule would cause them measurable economic or other harm that is significantly greater than any measurable harm that would be caused by consecutive leave. Consecutive leave is leave taken without interruption based on employees' regular work schedule, excluding employment breaks where they aren't regularly scheduled to work. 

Transfers: Employers can require employees to transfer temporarily to another available position if they take family leave intermittently or on a reduced-leave schedule for a foreseeable serious health condition or the birth, adoption, or foster-care placement of a child. Employees must be qualified for the position, which must accommodate recurring leave periods better and provide equivalent pay and benefits compared to their regular position. Employers can't make this transfer to discourage employees from taking leave or to otherwise impose a hardship on them. When these employees are able to return to full-time work, they must be reinstated to their position or an equivalent position. 

Interaction with other mandates: If employees request leave for a reason covered by the family leave law and another law, the leave simultaneously counts against their entitlement under both laws. Medical or disability leave granted under other laws, but not the family leave law, doesn't limit employees' right to leave or other protections under the family leave law. 

Family leave is in addition to, and doesn't limit or conflict with, any rights under New Jersey's Temporary Disability Benefits Law (N.J. Stat. Ann. § 43:21-25 et seq.). Employees retain all of their rights under the law when taking leave under the family leave law. Their receipt of disability benefits or other compensation doesn't limit or impair their right to take leave under the family leave law to care for a family member. 

The family leave law doesn't justify the reduction of more generous employment benefits that are employer-provided or required by a collective bargaining agreement. The law also doesn't prohibit the negotiation and provision, through collective bargaining agreements, of leave policies or benefit programs that provide more generous benefits. Employment benefits are all benefits and policies provided or offered to employees by employers, including sick or annual leave. 

N.J. Stat. Ann. §§ 34:11B-3 (see Smart Code® for the latest cases), 34:11B-4 (2020 N.J. Laws 23 (S. 2374)) (see Smart Code® for the latest cases), 34:11B-5 (see Smart Code® for the latest cases), 34:11B-13 to 34:11B-14 (see Smart Code® for the latest cases) 

N.J. Admin. Code §§ 13:14-1.2, 13:14-1.4 to 13:14-1.6, 13:14-1.8, 13:14-1.12 

Pay and Benefits 
Family leave can be paid, unpaid, or a combination of paid and unpaid leave. If employers provide paid family leave for fewer than 12 workweeks, the remainder can be unpaid. 

Regarding the substitution of accrued paid leave for unpaid leave:• Employers must treat family leave in the same way they have treated similar leaves of absence. 

  • If employers have a policy or past practice of requiring employees to exhaust their accrued paid leave during a leave of absence, they can be required to do so during a period of family leave. 
  • If employers have a policy of allowing employees to take unpaid leave before exhausting their accrued paid leave, it can't require them to exhaust that paid leave during a period of family leave. 
  • If employers don't have a policy regarding that substitution, employees can substitute any of their accrued paid leave for family leave; however, they can't be required to do so. 
  • If employers have different policies or practices regarding that substitution for different leaves of absence, they must treat family leave in the same way as the leave of absence that most closely resemble family leave. 

During a period of family leave, employers must maintain coverage under any group health insurance policy, group subscriber contract, or health-care plan at the level and under the conditions that would have applied if employees hadn't taken leave. This maintenance must continue until employees return from leave or until their coverage would have expired if they hadn't taken leave, whichever date is sooner. Health insurance policy means all employer-provided health benefits, including an offer to participate in a group health plan. 

During a period of family leave, employers must provide any other employment benefits that they provide pursuant to their policy regarding employment benefits for employees on temporary leave. Employment benefits are all benefits and policies provided or offered to employees by employers, including group life, health, or disability insurance, sick or annual leave, and pensions. If employers provide different benefits (other than health benefits)for different types of leave, they must provide benefits to employees who take family leave in the same way that benefits are provided to employees who take leave that most closely resembles family leave. 

Interaction with other mandates: Medical or disability leave granted under other laws, but not the family leave law, doesn't limit employees' right to leave or other protections under the family leave law. 

Family leave is in addition to, and doesn't limit or conflict with, any rights under New Jersey's Temporary Disability Benefits Law (N.J. Stat. Ann. § 43:21-25 et seq.). Employees retain all of their rights under the law when taking leave under the family leave law. Their receipt of disability benefits or other compensation doesn't limit or impair their right to take leave under the family leave law to care for a family member. 

The family leave law doesn't justify the reduction of more generous employment benefits that are employer-provided or required by a collective bargaining agreement. The law also doesn't prohibit the negotiation and provision, through collective bargaining agreements, of leave policies or benefit programs that provide more generous benefits. Employment benefits are all benefits and policies provided or offered to employees by employers, including group life, health, or disability insurance and pensions. 

N.J. Stat. Ann. §§ 34:11B-3 (see Smart Code® for the latest cases), 34:11B-4 (see Smart Code® for the latest cases), 34:11B-8 (see Smart Code® for the latest cases), 34:11B-13 to 34:11B-14 (see Smart Code® for the latest cases) 

N.J. Admin. Code §§ 13:14-1.2, 13:14-1.4 to 13:14-1.7, 13:14-1.13 

Reference Citations 

  • Coverage: N.J. Stat. Ann. §§ 34:11B-3 (2020 N.J. Laws 23 (S. 2374)) (see Smart Code® for the latest cases), 34:11B-4 (2020 N.J. Laws 17 (S. 2304); 2020 N.J. Laws 23 (S. 2374)) (see Smart Code® for the latest cases) 
  • N.J. Admin. Code §§ 13:14-1.2 to 13:14-1.3, 13:14-1.9, 13:8-2.1 to 13:8-2.2 
  • Reasons for Leave: N.J. Stat. Ann. §§ 34:11B-3 (2020 N.J. Laws 17 (S. 2304); 2020 N.J. Laws 23 (S. 2374)) (see Smart Code® for the latest cases), 34:11B-13 to 34:11B-14 (see Smart Code® for the latest cases) 
  • N.J. Admin. Code §§ 13:14-1.2, 13:14-1.5 to 13:14-1.6 
  • Leave Amount: N.J. Stat. Ann. §§ 34:11B-3 (see Smart Code® for the latest cases), 34:11B-4 (2020 N.J. Laws 23 (S. 2374)) (see Smart Code® for the latest cases), 34:11B-5 (see Smart Code® for the latest cases), 34:11B-13 to 34:11B-14 (see Smart Code® for the latest cases) 
  • N.J. Admin. Code §§ 13:14-1.2, 13:14-1.4 to 13:14-1.6, 13:14-1.8, 13:14-1.12 
  • Certification Requirements: N.J. Stat. Ann. §§ 34:11B-3 (see Smart Code® for the latest cases), 34:11B-4 (2020 N.J. Laws 23 (S. 2374)) (see Smart Code® for the latest cases) 
  • N.J. Admin. Code §§ 13:14-1.2, 13:14-1.10 
  • Pay and Benefits: N.J. Stat. Ann. §§ 34:11B-3 (see Smart Code® for the latest cases), 34:11B-4 (see Smart Code® for the latest cases), 34:11B-8 (see Smart Code® for the latest cases), 34:11B-13 to 34:11B-14 (see Smart Code® for the latest cases) 
  • N.J. Admin. Code §§ 13:14-1.2, 13:14-1.4 to 13:14-1.7, 13:14-1.13 
  • Return to Work: N.J. Stat. Ann. §§ 34:11B-3 (see Smart Code® for the latest cases), 34:11B-4 (see Smart Code® for the latest cases), 34:11B-7 (see Smart Code® for the latest cases) 
  • N.J. Admin. Code §§ 13:14-1.5, 13:14-1.11 
  • Employer Policy Requirements: N.J. Admin. Code §§ 13:14-1.4, 13:14-1.7 to 13:14-1.8, 13:14-1.14 
  • Retaliation Prohibition: N.J. Stat. Ann. § 34:11B-9 (see Smart Code® for the latest cases) 
  • N.J. Admin. Code §§ 13:14-1.5, 13:14-1.10, 13:14-1.15 
  • Notification Requirements: N.J. Stat. Ann. §§ 34:11B-4 (2020 N.J. Laws 23 (S. 2374)) (see Smart Code® for the latest cases), 34:11B-5 (see Smart Code® for the latest cases), 34:11B-6 (see Smart Code® for the latest cases) 
  • N.J. Admin. Code §§ 13:14-1.4 to 13:14-1.5, 13:14-1.9, 13:14-1.14 
  • Mandatory Poster: N.J. Stat. Ann. § 34:11B-6 (see Smart Code® for the latest cases) 
  • N.J. Admin. Code §§ 13:8-2.1 to 13:8-2.3, 13:14-1.14 
  • Administration/Enforcement: N.J. Stat. Ann. §§ 34:11B-3 (see Smart Code® for the latest cases), 34:11B-10 (see Smart Code® for the latest cases), 34:11B-11 (see Smart Code® for the latest cases), 34:11B-16 (see Smart Code® for the latest cases) 
  • N.J. Admin. Code § 13:14-1.16  
  • Penalties/Remedies: N.J. Stat. Ann. §§ 34:11B-3 (see Smart Code® for the latest cases), 34:11B-10 (see Smart Code® for the latest cases), 34:11B-11 (see Smart Code® for the latest cases), 34:11B-12 (see Smart Code® for the latest cases) 
  • N.J. Admin. Code § 13:8-2.3 

Web References 

  • New Jersey Laws: http://www.njleg.state.nj.us 
  • New Jersey Regulations: http://www.state.nj.us/oal/rules.html 
  • New Jersey Department of Law and Public Safety, Office of the Attorney General, Division on Civil Rights: https://www.nj.gov/lps/dcr/index.html 
  • New Jersey Department of Law and Public Safety, Office of the Attorney General: https://nj.gov/oag/ 

New Jerseyà Coded green for now. Include existing COVID information

(unpaid)

 Coverage/Eligibility
All employers with 50 or more employees. Employees who have worked for an employer for 12 months and who have at least 1,000 hours of service during those 12 months.
 

Family Medical Leave Provisions (unpaid unless noted)
Unpaid leave of up to 12 weeks in 24 months, not to exceed more than six weeks in 12 months, to care for a child anytime during the first year after that child’s birth or adoption, or to care for a seriously ill child, spouse, parent or domestic partner. Does not provide leave for the employee’s own serious health condition.  Intermittent leave is limited to 42 days in 12 months. Does not require spouses to share leave.
 

Provides Leave to Care for
Child, spouse, parent, in-laws or domestic partner.

New Jersey
(paid)
 

Coverage/Eligibility
Employees who have worked 20 calendar weeks or who have earned at least 1,000 times the state minimum wage during the 52 weeks prior to leave.
 

Family Medical Leave Provisions (unpaid unless noted)
Paid leave provides up to two-thirds of wages up to $524/week for 6 weeks. Provides that any Paid Family Leave runs concurrently with FMLA or NJFLA and that other types of available leave must be used before taking paid family leave. Provides that leave may be paid, unpaid or a combination of both.
 

Provides Leave to Care for
Child, parent, parent-in-law, grandparent, spouse or domestic partner

 

 New Mexico

NM flag

Overview 
If employers provide eligible employees with paid sick leave for their own illness or injury or to receive health care, they must be allowed to use this accrued leave to care for their family members under the same terms and procedures that apply to any other use of the leave. 

Coverage 
Employers are covered by the caregiver leave law if they have one or more employees and offer sick leave to eligible employees. However, the law doesn't apply to New Mexico state government employers. It also doesn't apply to employers subject to Title II of the federal Railway Labor Act or to “employers” defined in the federal Railroad Unemployment Insurance Act, the Federal Employers' Liability Act, or other comparable federal laws. 

Eligible employees: Employees are eligible for caregiver leave if they are eligible to accrue sick leave under their employer's policies. 

The caregiver leave law doesn't apply to “employees” as defined in the federal Railroad Unemployment Insurance Act, the Federal Employers' Liability Act, or other comparable federal laws. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

2019 N.M. Laws 177 (S.B. 123), §§ 2, 4 

Reasons for Leave 
If employers provide eligible employees with paid sick leave for their own illness or injury or to receive care from a licensed or certified health-care professional, they must be allowed to use this accrued leave to care for their family members under the same terms and procedures that employers impose on them for any other use of the leave. However, employers aren't required to provide paid sick leave to employees. 

Family members are: 

  • spouses or domestic partners; 
  • parents, grandparents, great-grandparents, children, grandchildren, great-grandchildren, siblings, nieces, nephews, aunts, or uncles who are related by blood, marriage, or legal adoption; and 
  • foster children. 

Interaction with other mandates: The caregiver leave law doesn't prohibit employers from providing greater sick leave benefits. It also doesn't invalidate, diminish, or otherwise interfere with any collective bargaining agreement or any party's power to bargain collectively for such an agreement. 

2019 N.M. Laws 177 (S.B. 123), §§ 2 to 4 

Leave Amount 
If employers provide eligible employees with paid sick leave for their own illness or injury or to receive care from a licensed or certified health-care professional, they must be allowed to use this accrued leave to care for their family members under the same terms and procedures that employers impose on them for any other use of the leave. However, employers aren't required to provide paid sick leave to employees. 

Interaction with other mandates: Sick leave under the caregiver leave law doesn't include leave that employees are entitled to under the federal Family and Medical Leave Act, regardless of whether they use that sick leave during their FMLA leave. 

The caregiver leave law doesn't prohibit employers from providing greater sick leave benefits. It also doesn't invalidate, diminish, or otherwise interfere with any collective bargaining agreement or any party's power to bargain collectively for such an agreement. 

2019 N.M. Laws 177 (S.B. 123), §§ 2 to 4 

Pay and Benefits 
The caregiver leave law doesn't require employers to provide paid sick leave to employees. 

2019 N.M. Laws 177 (S.B. 123), § 3 

Reference Citations 

  • Coverage: 2019 N.M. Laws 177 (S.B. 123), §§ 2, 4  
  • Reasons for Leave: 2019 N.M. Laws 177 (S.B. 123), §§ 2 to 4  
  • Leave Amount: 2019 N.M. Laws 177 (S.B. 123), §§ 2 to 4  
  • Pay and Benefits: 2019 N.M. Laws 177 (S.B. 123), § 3  
  • Retaliation Prohibition: 2019 N.M. Laws 177 (S.B. 123), § 3  
  • Administration/Enforcement: 2019 N.M. Laws 177 (S.B. 123), § 3  
  • Penalties/Remedies: 2019 N.M. Laws 177 (S.B. 123), § 3 

Web References 

  • New Mexico Laws: http://public.nmcompcomm.us/nmnxtadmin/NMPublic.aspx 
  • New Mexico Department of Workforce Solutions: https://www.dws.state.nm.us/ 

 

 New York

NY flag

Overview 
Adoption leave: If employers allow employees to take leave after the birth of a child, they must allow employees to take the same leave under the same terms after the adoption of a child. 

Bereavement leave: If employers provide funeral or bereavement leave for the death of an employee's spouse or the spouse's family members, they can't deny this leave for the death of an employee's same-sex committed partner or the partner's family members. 

Paid family leave: Eligible employees can receive insurance benefits when they take leave for their family member's serious health condition; to bond with their newborn, newly adopted, or newly placed foster child; or for qualifying exigencies that occur because their family member is or will be on active duty in the U.S. armed forces. Benefits are payable for up to 10 weeks (effective Jan. 1, 2021, up to 12 weeks) annually. For more information, see New York Family-Leave Insurance. 

Pregnancy disability leave: This topic is covered in New York Pregnancy Disability Leave. 

Coverage 
Adoption leave: Public and private employers are covered by the adoption leave provisions. 

N.Y. Labor Law §§ 2 (see Smart Code® for the latest cases), 201-c 

Bereavement leave: Public and private employers are covered by the bereavement leave provisions. 

N.Y. Civ. Rights Law § 79-n (see Smart Code® for the latest cases) 

This summary covers requirements for private-sector employers and employees, excluding industry/occupation-specific requirements. 

Reasons for Leave 
Adoption leave: If employers allow employees to take leave after the birth of a child, they must allow employees to take the same leave under the same terms after the adoption of a child. 

N.Y. Labor Law § 201-c  

Bereavement leave: If employers provide funeral or bereavement leave for the death of an employee's spouse or the spouse's child, parent, or other relative, they can't deny this leave for the death of an employee's same-sex committed partner or the partner's child, parent, or other relative. Same-sex committed partners are financially and emotionally interdependent in a manner similar to that of spouses. 

N.Y. Civ. Rights Law § 79-n (see Smart Code® for the latest cases) 

Leave Amount 
Adoption leave: If employers allow employees to take leave after the birth of a child, they must allow employees to take the same leave under the same terms after the adoption of a child. Employees aren't entitled to such equal leave after their adopted child reaches the minimum age for attending public school without paying tuition (as established in N.Y. Educ. Law § 3202(1)), unless they adopted a hard-to-place or handicapped child under age 18 (as defined in N.Y. Soc. Serv. Law § 451). The adoption date is the day an authorized agency places a child in employees' home for adoption or the day employees file a petition in court to adopt a child residing with them. 

N.Y. Labor Law § 201-c  

Bereavement leave: If employers provide funeral or bereavement leave for the death of an employee's spouse or the spouse's child, parent, or other relative, they can't deny this leave for the death of an employee's same-sex committed partner or the partner's the child, parent, or other relative. 

N.Y. Civ. Rights Law § 79-n (see Smart Code® for the latest cases) 

Pay and Benefits 
Adoption leave: If employers allow employees to take leave after the birth of a child, they must allow employees to take the same leave under the same terms after the adoption of a child. 

N.Y. Labor Law § 201-c 

Reference Citations 

  • Coverage: Adoption leave: N.Y. Labor Law §§ 2 (see Smart Code® for the latest cases), 201-c 
  • Bereavement leave: N.Y. Civ. Rights Law § 79-n (see Smart Code® for the latest cases) 
  • Reasons for Leave: Adoption leave: N.Y. Labor Law § 201-c 
  • Bereavement leave: N.Y. Civ. Rights Law § 79-n (see Smart Code® for the latest cases) 
  • Leave Amount: Adoption leave: N.Y. Labor Law § 201-c 
  • Bereavement leave: N.Y. Civ. Rights Law § 79-n (see Smart Code® for the latest cases) 
  • Adoption leave: N.Y. Labor Law § 201-c 
  • Administration/Enforcement: Adoption leave: N.Y. Labor Law §§ 2, 21 (see Smart Code® for the latest cases), 25, 32, 201-c 
  • Penalties/Remedies: Adoption leave: N.Y. Labor Law § 201-c 

Web References 

  • New York Laws: public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: 
  • New York State Department of Labor: https://www.labor.ny.gov/home/ 

New York
(paid)
 

Coverage/Eligibility
All private employers. Employees, full-time or part-time, who have worked 26 or more consecutive weeks for a covered employer. Public employers have the choice to opt in.
 

Family Medical Leave Provisions (unpaid unless noted)
The maximum leave allowed over every 52 week period is increased over a period of four years. Starting Jan.1, 2018, the maximum leave period is eight weeks. From Jan. 1, 2019 to Jan. 1, 2020 the maximum leave period is 10 weeks, and becomes 12 weeks starting Jan. 1, 2021. The maximum benefit amount is 50% of an employee's average weekly wage or 50% of the state average weekly wage starting in 2018. It increases annually to 55% in 2019, 60% in 2020, and 67% in 2022.
 

Provides Leave to Care for
Child, spouse, parent, parent-in-law, step-parent, grandparent, grandchild, domestic partner, or a person with whom the employee has or had an in loco parentis relationship.

 

 Ohio

OH flag

(pregnancy leave)

 Oklahoma

OK flag

(pregnancy leave)

 Pennsylvania

PA flag

Overview 
Employers can grant leave for child-rearing purposes, beyond a period of disability due to pregnancy or childbirth. If employers allow employees to take leave for child-rearing and child-care purposes, the leave must apply equally to male and female employees. 

Pregnancy disability leave: This topic is covered in Pennsylvania Pregnancy Disability Leave. 

Coverage 
The child-rearing leave provisions are part of Pennsylvania fair employment practices law. For information about the law's coverage, see “Coverage” in Pennsylvania Equal Employment Opportunity. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Reasons for Leave 
Employers can grant leave for child-rearing purposes, beyond a period of disability due to pregnancy or childbirth. A disability due to pregnancy or childbirth is a disability that is caused or complicated by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom. Pregnant women are considered to have a variable degree of disability on an individual basis, during which time they are unable to perform their usual activities. 

If employers have a written or unwritten policy or practice that allows employees to take leave for child-rearing and child-care purposes, the leave must apply equally to male and female employees. Child includes a child by birth or adoption. 

16 Pa. Code §§ 41.101, 41.104 

Leave Amount 
Employers can grant leave for child-rearing purposes, beyond a period of disability due to pregnancy or childbirth. If employers have a written or unwritten policy or practice that allows employees to take leave for child-rearing and child-care purposes, the leave must apply equally to male and female employees. 

16 Pa. Code § 41.104 

Pay and Benefits 
Employers can grant leave for child-rearing purposes, beyond a period of disability due to pregnancy or childbirth, but the leave can't include the payment of sickness or disability benefits. If employers have a written or unwritten policy or practice that allows employees to take leave for child-rearing and child-care purposes, the leave must apply equally to male and female employees. 

16 Pa. Code § 41.104 

Reference Citations 

  • Reasons for Leave: 16 Pa. Code §§ 41.101, 41.104 
  • Leave Amount: 16 Pa. Code § 41.104  
  • Pay and Benefits: 16 Pa. Code § 41.104  
  • Employer Policy Requirements: 16 Pa. Code §§ 41.101, 41.103 to 41.104 

Web References 

Pennsylvania Regulations: http://www.pacode.com/ 

 

 Puerto Rico

PR flag

Overview 
Catastrophic illness leave: Employers must allow eligible employees to take up to six days of additional paid leave annually for a catastrophic illness. 

Maternity leave: Employers must allow female employees to take pregnancy-related leave before and after childbirth and leave to adopt a child. 

Vacation and sick leave: This topic is covered in Puerto Rico Paid Sick Leave. 

Pregnancy disability leave: This topic is covered in Puerto Rico Pregnancy Disability Leave. 

Coverage 
Catastrophic illness leave: The law on catastrophic illness leave covers employers in Puerto Rico, as defined by the territory's Labor Transformation and Flexibility Act (2017 P.R. Laws 4 (H.B. 453)). 

Eligible employees: Employees are eligible for catastrophic illness leave if they:• receive economic compensation through a regular-term or temporary employment contract or a public-sector appointment; 

  • have worked for their employer for at least 12 months; and 
  • worked an average of at least 130 hours per month during that period. 

2018 P.R. Laws 28 (P.S. 461), §§ 2 to 3, 5  

Maternity leave: Public and private employers are covered by the maternity leave law. 

Eligible employees: Female employees are eligible for maternity leave if they receive a salary, wages, day wages, or other compensation. The maternity leave law applies to female employees who are working and to those who are on vacation, sick leave, or other leave authorized by law if their employment relationship remains in effect. 

P.R. Laws Ann. tit. 29, §§ 467, 473 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Reasons for Leave 
Insurance Administration Act and include AIDS, tuberculosis, leprosy, lupus, cystic fibrosis, cancer, hemophilia, aplastic anemia, rheumatoid arthritis, autism, post-organ transplant, scleroderma, multiple sclerosis, amyotrophic lateral sclerosis (ALS), and chronic kidney disease in stages 3, 4, or 5. 

2018 P.R. Laws 28 (P.S 461), §§ 2 to 3  

Maternity leave: Employers must allow female employees to take pregnancy-related leave before and after childbirth. They also can take leave to adopt a preschool-aged child, which means a child up to age 5 who isn't registered in school under the legislation and legal procedures of Puerto Rico. 

P.R. Laws Ann. tit. 29, § 467 

Leave Amount 
Catastrophic illness leave: Employers must allow eligible employees to take up to six days of additional leave in each calendar year for a catastrophic illness. Before taking this leave, they must exhaust their accrued sick leave. Employees can choose to use catastrophic illness leave through a split, flexible, or intermittent schedule. This leave can't be accrued or transferred to the next calendar year. 

2018 P.R. Laws 28 (P.S 461), §§ 3, 5  

Maternity leave: Employers must allow female employees to take pregnancy-related leave. Specifically, they can take up to four weeks of leave before childbirth and up to four weeks of leave after childbirth. Female employees can choose to take only one week of prenatal leave and up to seven weeks of postnatal leave if they provide medical certification of their ability to work up to one week before childbirth. If the birth occurs before the start or end of prenatal leave, they can choose to extend postnatal leave for a period of time equal to the amount lost during prenatal leave. If the probable date of childbirth is mistakenly estimated and the birth doesn't occur by the end of four weeks of prenatal leave, female employees can extend this leave until the birth occurs. 

When postnatal complications prevent female employees from returning to work after four weeks of postnatal leave, this leave can be extended for up to 12 additional weeks if they provide supporting medical certification before the end of the leave period. 

An employer can't allow a female employee to work in the workplace during the last week of her pregnancy or the two weeks immediately after childbirth, unless she previously submitted to voluntary medical examinations with a physician or medical specialist of her choice and a report or medical certification has been submitted to the employer, specifically indicating that her condition and health don't prevent her from performing her work and stating any special instructions or limitations regarding the time when and place where she can perform her work. 

Female employees who adopt a child are entitled to the same maternity leave benefits as those who give birth to a child. This leave starts on the day the child joins their family. 

P.R. Laws Ann. tit. 29, §§ 467, 471 

Pay and Benefits 
Catastrophic illness leave: Catastrophic illness leave must be paid. However, employers aren't required to pay employees for such leave that is unused when they separate from employment. Use of catastrophic illness leave must be considered time worked for the purpose of accruing employee benefits. 

2018 P.R. Laws 28 (P.S. 461), § 3  

Maternity leave: Employers must pay female employees at their normal rate of compensation during a period of maternity leave. The basis for computing this rate is their average salary, wages, day wages, or other compensation for the six months preceding that leave period. If this six-month period doesn't apply, the rate is based on the salary, wages, day wages, or other compensation they were earning when the leave period started. Payment must be made when employees start their maternity leave. 

When postnatal complications prevent female employees from returning to work after four weeks of postnatal leave, this leave can be extended for up to 12 additional weeks. They aren't entitled to additional compensation for extended postnatal leave, but their position must be reserved for them. 

P.R. Laws Ann. tit. 29, § 467 

Reference Citations 

  • Coverage: Catastrophic illness leave: 2018 P.R. Laws 28 (P.S. 461), §§ 2 to 3, 5 
  • Maternity leave: P.R. Laws Ann. tit. 29, §§ 467, 473 
  • Reasons for Leave: Catastrophic illness leave: 2018 P.R. Laws 28 (P.S 461), §§ 2 to 3 
  • Maternity leave: P.R. Laws Ann. tit. 29, § 467 
  • Leave Amount: Catastrophic illness leave: 2018 P.R. Laws 28 (P.S 461), §§ 3, 5 
  • Maternity leave: P.R. Laws Ann. tit. 29, §§ 467, 471 
  • Certification Requirements: Catastrophic illness leave: 2018 P.R. Laws 28 (P.S. 461), § 4 
  • Maternity leave: P.R. Laws Ann. tit. 29, §§ 467, 470 to 471 
  • Pay and Benefits: Catastrophic illness leave: 2018 P.R. Laws 28 (P.S. 461), § 3 
  • Maternity leave: P.R. Laws Ann. tit. 29, § 467 
  • Return to Work: Maternity leave: P.R. Laws Ann. tit. 29, §§ 467, 468 
  • Retaliation Prohibition: Catastrophic illness leave: 2018 P.R. Laws 28 (P.S. 461), § 3 
  • Maternity leave: P.R. Laws Ann. tit. 29, §§ 469, 471 
  • Notification Requirements: Maternity leave: P.R. Laws Ann. tit. 29, § 467 
  • Mandatory Poster: Working Women's Bill of Rights: 2020 P.R. Laws 9 (P.S. 853) 
  • Reporting Requirements: Working Women's Bill of Rights: 2020 P.R. Laws 9 (P.S. 853) 
  • Recordkeeping Requirements: Catastrophic illness leave: 2018 P.R. Laws 28 (P.S. 461), § 4 
  • Administration/Enforcement: P.R. Laws Ann. tit. 3, §§ 306 to 308, 309 
  • Working Women's Bill of Rights: 2020 P.R. Laws 9 (P.S. 853) 
  • Catastrophic illness leave: 2018 P.R. Laws 28 (P.S. 461), § 6 
  • Maternity leave: P.R. Laws Ann. tit. 29, §§ 469, 471 to 472, 474; P.R. Laws Ann. tit. 3, § 320 (2014 P.R. Laws 160 (H.B. 1521)) 
  • Penalties/Remedies:  
  • Working Women's Bill of Rights: 2020 P.R. Laws 9 (P.S. 853) 
  • Catastrophic illness leave: 2018 P.R. Laws 28 (P.S. 461), § 6 
  • Maternity leave: P.R. Laws Ann. tit. 29, §§ 469, 471 to 472 

Web References 

  • Puerto Rico Laws: http://www.oslpr.org/v2/ 
  • Puerto Rico Department of Labor and Human Resources: https://www.trabajo.pr.gov/ 

 

 Rhode Island

RI flag

Overview 
Parental and family leave: Employers must allow eligible employees to take parental leave for the birth of their child or the placement of a child with them for adoption. Employers also must allow eligible employees to take family leave for their own or their family member's serious illness. Specifically, they can take up to 13 consecutive workweeks of parental or family leave in any two calendar years. 

Temporary caregiver insurance: Eligible employees can receive insurance benefits to care for a seriously ill family member or to bond with their newborn, newly adopted, or newly placed foster child. Benefits are payable for up to four weeks in a benefit year. For more information, see Rhode Island Family-Insurance Leave. 

Paid sick and safe leave time: This topic is covered in Rhode Island Paid Sick Leave. 

Pregnancy disability leave: This topic is covered in Rhode Island Pregnancy Disability Leave. 

Coverage 
Private employers (and their agents) are covered by the parental and family leave law if they have 50 or more employees. The law also applies to all Rhode Island state government employers, Rhode Island local government employers with 30 or more employees, and agents of these employers. Employees are full-time employees who have worked for their employer for 12 consecutive months, averaging at least 30 hours per week. 

Eligible employees: Employees are eligible for parental or family leave if they are full-time employees who have worked for their employer for 12 consecutive months, averaging at least 30 hours per week. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

R.I. Gen. Laws §§ 28-48-1 (see Smart Code® for the latest cases), 28-48-2 (see Smart Code® for the latest cases) 

260-30 R.I. Code R. § 05-7.3 

Reasons for Leave 
Employers must allow eligible employees to take parental or family leave. 

Parental leave is leave for the birth of an employee's child or the placement of a child (up to age 16) with an employee in connection with the employee's adoption of the child. 

Family leave is leave for the serious illness of an employee or the employee's family member. A serious illness is a disabling physical or mental illness, injury, impairment, or condition that involves inpatient care in a hospital, nursing home, or hospice or involves outpatient care requiring a health-care provider's continuous treatment or supervision. A family member is a parent, spouse, child, or parent-in-law. 

If eligible employees are allowed to use sick time or sick leave after the birth of their child, they also must be allowed to use sick time or sick leave for the placement of a child (up to age 16) with them in connection with their adoption of the child. 

Interaction with other mandates: The parental and family leave law doesn't affect employer obligations to comply with any collective bargaining agreement or employment benefit plan that provides greater parental or family leave rights. Likewise, these rights can't be diminished by any such agreement or plan. The law also doesn't affect or diminish the contract rights or seniority status of employees who don't use parental or family leave. 

R.I. Gen. Laws § 28-48-1 (see Smart Code® for the latest cases), 28-48-2 (see Smart Code® for the latest cases), 28-48-4, 28-48-11 

260-30 R.I. Code R. § 05-7.3 

Leave Amount 
Employees must allow eligible employees to take up to 13 consecutive workweeks of parental or family leave in any two calendar years. If they are allowed to use sick time or sick leave after the birth of their child, they also must be allowed to use sick time or sick leave for the placement of a child (up to age 16) with them in connection with their adoption of the child. 

Interaction with other mandates: The parental and family leave law doesn't affect employer obligations to comply with any collective bargaining agreement or employment benefit plan that provides greater parental or family leave rights. Likewise, these rights can't be diminished by any such agreement or plan. The law also doesn't affect or diminish the contract rights or seniority status of employees who don't use parental or family leave. 

R.I. Gen. Laws § 28-48-2 (see Smart Code® for the latest cases), 28-48-4, 28-48-11 

260-30 R.I. Code R. § 05-7.4 

Pay and Benefits 
Parental or family leave can be unpaid. If employers pay for fewer than 13 weeks of this leave, any additional leave up to the 13-week maximum can be unpaid. 

Employers must maintain employees' existing health benefits during a period of parental or family leave as if they hadn't taken the leave. Before this leave period starts, employees must pay employers an amount equal to the premium that is required to maintain their health benefits during the leave period. Employers must return this payment to employees within 10 days after they return to work. Except as provided for existing health benefits, employees who take parental or family leave aren't entitled to any benefits beyond what they would have been entitled to if they hadn't taken the leave. 

Employees' use of parental or family leave can't result in any loss of benefits accrued before the leave started. 

Interaction with other mandates: The parental and family leave law doesn't affect employer obligations to comply with any collective bargaining agreement or employment benefit plan that provides greater parental or family leave rights. Likewise, these rights can't be diminished by any such agreement or plan. The law also doesn't affect or diminish the contract rights or seniority status of employees who don't use parental or family leave. 

R.I. Gen. Laws §§ 28-48-2 (see Smart Code® for the latest cases), 28-48-3 to 28-48-4 (see Smart Code® for the latest cases) 

260-30 R.I. Code R. §§ 05-7.4 to 05-7.5 

Reference Citations 

  • Coverage: R.I. Gen. Laws §§ 28-48-1 (see Smart Code® for the latest cases), 28-48-2 (see Smart Code® for the latest cases) 
  • 260-30 R.I. Code R. § 05-7.3 
  • Reasons for Leave: R.I. Gen. Laws § 28-48-1 (see Smart Code® for the latest cases), 28-48-2 (see Smart Code® for the latest cases), 28-48-4, 28-48-11 
  • 260-30 R.I. Code R. § 05-7.3 
  • Leave Amount: R.I. Gen. Laws § 28-48-2 (see Smart Code® for the latest cases), 28-48-4, 28-48-11 
  • 260-30 R.I. Code R. § 05-7.4 
  • Certification Requirements: R.I. Gen. Laws § 28-48-2 (see Smart Code® for the latest cases) 
  • 260-30 R.I. Code R. §§ 05-7.4, 05-7.6 
  • Pay and Benefits: R.I. Gen. Laws §§ 28-48-2 (see Smart Code® for the latest cases), 28-48-3 to 28-48-4 (see Smart Code® for the latest cases) 
  • 260-30 R.I. Code R. §§ 05-7.4 to 05-7.5 
  • Return to Work: R.I. Gen. Laws § 28-48-3 (see Smart Code® for the latest cases) 
  • 260-30 R.I. Code R. § 05-7.5 
  • Retaliation Prohibition: R.I. Gen. Laws § 28-48-5 (see Smart Code® for the latest cases) 
  • Notification Requirements: R.I. Gen. Laws § 28-48-2 (see Smart Code® for the latest cases) 
  • 260-30 R.I. Code R. §§ 05-7.4, 05-7.6 
  • Mandatory Poster: R.I. Gen. Laws § 28-48-10  
  • Administration/Enforcement: R.I. Gen. Laws §§ 28-48-1 (see Smart Code® for the latest cases), 28-48-2 (see Smart Code® for the latest cases), 28-48-6 to 28-48-7 (see Smart Code® for the latest cases) 
  • 260-30 R.I. Code R. §§ 05-7.1 to 05-7.2, 05-7.7 
  • Penalties/Remedies: R.I. Gen. Laws §§ 28-48-1 (see Smart Code® for the latest cases), 28-48-6 (see Smart Code® for the latest cases), 28-48-8 (see Smart Code® for the latest cases), 28-48-10 
  • 260-30 R.I. Code R. § 05-7.7 

Web References 

  • Rhode Island Laws: http://www.rilin.state.ri.us/Statutes/ 
  • Rhode Island Regulations: http://www.sos.ri.gov/rules/ 
  • Rhode Island Department of Labor and Training: http://www.dlt.state.ri.us/ 

Rhode Island
(unpaid)
 

Coverage/Eligibility
Private employers with 50 or more employees. All state government employers. Local governments with 30 or more employees. Full-time employees who have been employed for 12 consecutive months and who work an average of 30 or more hours per week.
 

Family Medical Leave Provisions (unpaid unless noted)
Up to 13 weeks in two years for the birth or adoption of a child age 16 or younger, or to care for a parent, child, spouse or in-law with a serious medical condition.
 

Provides Leave to Care for
Child, spouse, parent, employee's spouse's parent.

Rhode Island
(paid)
 

Coverage/Eligibility
All private sector employers and public sector employers who opt into the program.
 

Family Medical Leave Provisions (unpaid unless noted)
The Rhode Island Temporary Caregiver Insurance Program provides four weeks of paid leave for the birth, adoption or fostering of a new child or to care for a family member with a serious health condition; and up to 30 weeks of paid leave for a worker’s own disability. The program is funded by employee payroll taxes and administered through the state’s temporary disability program. It provides a minimum benefit of $72 and maximum of $752 per week, based on earnings.
 

Provides Leave to Care for
Child, parent, parent-in-law, grandparent, spouse, domestic partner

 

 South Carolina

SC flag

(pregnancy leave)

 Tennessee

TN flag

Overview 
Employers must allow eligible employees to take up to four months of family and medical leave for adoption, pregnancy, childbirth, and nursing their infant. 

Coverage 
The family and medical leave provisions are part of Tennessee fair employment practices law. For information about the law's coverage, see “Coverage” in Tennessee Equal Employment Opportunity. However, the provisions don't apply to any employer that employs fewer than 100 full-time employees on a permanent basis at the affected job site or location. 

Eligible employees: Employees are eligible for family and medical leave if they have been employed by the same employer for at least 12 consecutive months as full-time employees, as determined by the employer at their job site or location. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 

Reasons for Leave 
Employers must allow eligible employees to take family and medical leave for adoption, pregnancy, childbirth, and nursing their infant. 

Interaction with other mandates: The family and medical leave provisions don't affect any bargaining agreement or employer policy that provides greater or additional benefits than what is required under the provisions. 

Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 

Leave Amount 
Employers must allow eligible employees to take up to four months of family and medical leave. For adoption, the four-month period starts when an employee receives custody of the child. 

Family and medical leave doesn't affect employees' right to receive vacation or sick leave that they were eligible for when the leave started. 

Interaction with other mandates: The family and medical leave provisions don't affect any bargaining agreement or employer policy that provides greater or additional benefits than what is required under the provisions. 

Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 

Pay and Benefits 
Family and medical leave can be paid or unpaid, at employers' discretion. 

Family and medical leave doesn't affect employees' right to receive bonuses, advancement, seniority, length-of-service credit, benefits, plans, or programs that they were eligible for when the leave started. It also doesn't affect other employment benefits or rights for their position. However, an employer isn't required to cover the cost of any benefits, plans, or programs during an employee's period of family and medical leave, unless the employer does so for all employees on a leave of absence. 

Interaction with other mandates: The family and medical leave provisions don't affect any bargaining agreement or employer policy that provides greater or additional benefits than what is required under the provisions. 

Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 

Reference Citations 

  • Coverage: Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 
  • Reasons for Leave: Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 
  • Leave Amount: Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 
  • Pay and Benefits: Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 
  • Return to Work: Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 
  • Employer Policy Requirements: Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 
  • Notification Requirements: Tenn. Code Ann. § 4-21-408 (see Smart Code® for the latest cases) 

Web References 

Tennessee Laws: https://www.tn.gov/ 

 

 Texas

TX flag

Overview 
A policy that allows employees to take personal leave for their sick child must treat a foster child the same way as a biological or adopted minor child if certain conditions are met. 

Coverage 
The family and medical leave provisions are part of Texas fair employment practices law. For information about the law's coverage, see “Coverage” in Texas Equal Employment Opportunity. 

This summary covers requirements for private-sector employment, excluding industry/occupation-specific requirements. 

Texas Lab. Code Ann. § 21.0595 

Reasons for Leave 
If employers administer a leave policy that allows employees to take personal leave to care for or otherwise assist their sick child, the policy must treat an employee's foster child the same way as an employee's biological or adopted minor child if the foster child: 

  • resides in the same household as the employee; and 
  • is under the conservatorship of the Texas Department of Family and Protective Services. 

Texas Lab. Code Ann. § 21.0595 

Leave Amount 
If employers administer a leave policy that allows employees to take personal leave to care for or otherwise assist their sick child, the policy must treat an employee's foster child the same way as an employee's biological or adopted minor child if the foster child:• resides in the same household as the employee; and 

  • is under the conservatorship of the Texas Department of Family and Protective Services. 

Texas Lab. Code Ann. § 21.0595 

Pay and Benefits 
No state statutory or regulatory provisions apply generally to private-sector employment. 

Reference Citations 

  • Coverage: Texas Lab. Code Ann. § 21.0595  
  • Reasons for Leave: Texas Lab. Code Ann. § 21.0595  
  • Leave Amount: Texas Lab. Code Ann. § 21.0595  
  • Employer Policy Requirements: Texas Lab. Code Ann. § 21.0595 

Web References 

  • Texas Laws: http://www.statutes.legis.state.tx.us/ 
  • Texas Regulations: http://www.sos.state.tx.us/tac/index.shtml 

 

 West Virginia

WV flag

(pregnancy leave)