In yesterday’s Advisor, we featured examples of state and federal family and medical leave (FML) interactions. Today, we’ll look at some critical considerations plus take a look at the “FMLA Bible.”
Here are today’s major considerations regarding interplay between state and federal FML law:
Intermittent Leave
Many of the state FML laws do not provide for intermittent leave. This is one area where the federal law may be more favorable to the employee than the applicable state law. Even in the few states where the laws do address this subject, few do so as expansively as the federal law.
In New Jersey, for example, employees may take reduced or intermittent leave, but only in segments of at least 1 day. For employers that are also covered by the FMLA, however, this provision would be superseded by federal law, which allows for reduced leave in increments of less than a day.
Coverage and Eligibility
Employer and employee eligibility requirements under state law can differ vastly from the federal requirements. For example:
- Many state laws apply to companies with as few as 25 employees.
- Several states require 12 consecutive months of service, whereas there is no consecutive requirement under federal law. Other states lower the service requirement to 6 months or 180 days.
- Many states require only 1,000 hours of service, as compared to the 1,250 required by federal law.
- Some states expand upon the reasons for leave by allowing for leave to care for parents-in-law. A small number of states allow time off to care for nontraditional significant others.
- Several states define "serious medical condition" differently than the federal FMLA does.
- Some states also permit leave to attend school functions, such as parent-teacher conferences.
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State Specialized Leave Laws
Many states have chosen to adopt specialized leave laws for family and medical purposes. The types of leave allowed by some states include:
"Small necessities" leave. These statutes allow employees to take unpaid leave in increments of less than I full day to attend to certain family matters, usually parent-teacher conferences, pediatrician visits, and eldercare.
Family military leave. More recently, states have begun passing legislation allowing an employee to take leave when a spouse or close family member is on leave from active military service.
Leave for bone marrow and blood or organ donation. Many states have chosen to grant protected, paid or unpaid leave for an employee who wishes to donate bone marrow, blood, or body organs.
Leave for victims of crime, domestic violence. In an effort to allow victims of crime or domestic violence an opportunity to attend court proceedings or obtain protective orders, many states have passed laws protecting an employee’s right to take leave for such purposes.
FMLA hassles—they just won’t go away, will they? It’s an almost overwhelming task to keep up with the old FMLA, let alone comply with the recent, far-reaching changes and then the complexity of marrying all that with state law provisions. Good news! BLR’s editors have gone the extra mile to get your comprehensive compliance guide up to date.
BLR’s recently updated Family and Medical Leave Act Compliance Guide—the book some are calling the “FMLA Bible”—simplifies the frustrating and confusing complexities of the FMLA, so you know exactly how to comply in every situation.
It contains practical answers to all the FMLA questions you are asking—and the ones you haven’t thought of but should be asking.
A whirlwind of changes has hit the FMLA—are you ready to comply? Order BLR’s comprehensive guidebook and find out what you need to do. You’ll get expert FMLA guidance, forms, and concrete examples. Find out more.
The Family and Medical Leave Act Compliance Guide includes:
- Leave law overview
- All the new forms and advice on how to use them
- Practical guidance on implementing all aspects of the new rules
- Analysis of federal and state laws, what they require, and how they interact
- Leave circumstances, coverage, and eligibility—for FMLA, ADA, workers’ comp, and military leave
- Recordkeeping and reporting requirements
- Reasonable accommodation
- Sample policies and forms
- Plus a quarterly newsletter and updates to make sure you stay in compliance as any changes come about
Get more information or order your copy of the Family and Medical Leave Act Compliance Guide.