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Idaho FMLA

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An employee works in Idaho but lives nearby in Nevada. I believe that Idaho has a state law guaranteeing 16 weeks of paid maternity leave, while Nevada only grants 12 weeks under the federal FMLA. Are they covered under the labor laws of Idaho or Nevada? Can this be appealed?

Neither Idaho nor Nevada has a state law governing family leave. There is no such law in Idaho granting 16 weeks of paid maternity leave. Both states are governed by the same federal law – the Family and Medical leave Act, or FMLA, which guarantees workers of either sex 12 weeks of unpaid leave after the birth of a child.

The question may have come up because an Idaho business has its own policy of granting 16 weeks of paid leave, or because a union contract mandates it. Some companies may permit employees to take up to 4 weeks of paid leave, in addition to the unpaid FMLA time.

But if Idaho had a generous law like the one you describe, the employee would be covered by that law. A state labor law applies to all the workers in the state, no matter where they live. If this employee lived in New York and flew every day to Idaho to work, Idaho law would still apply to her or his working conditions.

Let’s examine the second question, even though in this particular case it’s not relevant. Suppose that “John” lives in California and works in Arizona. California’s labor laws are more generous than Arizona’s. John wants to make use of California’s more generous laws for break-times, let’s say. Can he successfully argue that he should be entitled to the protection of California labor law? The answer is no.

A state labor law applies to the businesses operating within its borders. The employees are covered by that law because they’re working in a business that’s subject to that law. So an employee’s residence is irrelevant.

The FMLA guarantees 12 weeks of unpaid, job-protected leave to care for a newborn, a newly adopted child, or a new foster child under 18. It may be used if the employee is gravely ill or must care for a member of the immediate family with a serious illness.

“Job-protected” means the employee is entitled to the same job, or one with similar pay, benefits, and working conditions, upon return.  JH