This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on determining in loco parentis. Now we’ll look at what to do when your state leave law differs from the federal FMLA law.
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A number of U.S. states have enacted legislation to provide workers with family leave benefits that are more generous than those required by the FMLA.
They have done so in a variety of ways, from providing more than 12 weeks of job-protected unpaid leave for new parents to instituting programs that provide partial wage replacement for eligible workers who take time to care for a new baby, an adopted child, or an ill loved one.
In some states, legislatures have expanded family leave coverage by including grandparents and in-laws in the list of covered family members. When state law provides more or different family leave or leave coverage, what should an employer do?