Time for a Compliance Check:
Has Your State Enacted
Its Own Family Leave Law?

08/20/08

The Federal Family and Medical Leave Act (FMLA) of 1993 requires companies with 50 or more employees to provide workers up to 12 weeks of unpaid, job-protected leave for childbirth/adoption, serious illnesses or to care for a child, spouse or parent. Several states have enacted laws which supplement or expand on the provisions of FMLA, granting additional leave — usually unpaid — for other personal or family purposes.

Many variations
The laws vary by state, with differences in features such as the amount of leave available, requirements for requesting the leave, the purposes for which it may be used, and more. For example, the Massachusetts Small Necessities Leave Act (SNLA) lets eligible workers take up to 24 hours of unpaid leave annually for purposes such as taking their children to the doctor, attending parent-teacher conferences at their children’s schools or accompanying an elderly relative to a medical appointment.

In other states, you’ll see leave amounts varying from four to 40 hours per year, advance notice requirements as short as 24 hours if any at all, laws which allow leave to visit day-care facilities, and other variations. Moreover, some state laws apply to smaller companies not covered by the federal FMLA. If a state’s family and medical leave laws provide more generous rights to employees than the FMLA, the state laws generally prevail.

Stay current — and compliant
G.Neil can provide the tools you need to communicate policies to employees and stay compliant. For example, you may want to consider our FMLA Answer Kit, which includes handy guides to FMLA and state-specific leave laws, tip sheets, a model policy and all the forms you need for legal documentation.

Future trends
Some employers have established their own unpaid leave benefits to supplement those provided under federal and state statutes. In fact, the FMLA encourages this. Working parents may be attracted to companies that offer such family-friendly benefits — which may help enhance employee retention and productivity. And unpaid leave is inexpensive for employers to provide. The result is often a win-win situation for workers and employers alike.

FMLA Answer Kit

Keller-Soft® FMLA Manager™ software