Human Resource Blog

Florida FMLA

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

Sorry, but there is no state law in Florida giving workers 16 weeks of paid maternity leave. In fact, Florida is under the federal Family and Medical Leave Act, which grants 12 weeks of unpaid leave to workers of either sex after the birth of a child. But Alabama is in the same boat. It has no state law on leave, and is guided by the FMLA as well.

If Florida did have the kind of state law you’re describing, the employee would be under the protection of that law. State labor laws apply to all employers in the state, no matter what state its employees live in. If a worker flew from California to Florida every day to work, that employee would still be covered by a Florida leave law, if there were one.

It’s not really relevant under these conditions, but let’s take a look at the second question, can a labor law be appealed successfully. The answer is, not likely. Assume “Jane” lives in California and works in Arizona. California has numerous labor laws favorable to workers, including a law mandating a generous break time. No such law exists in Arizona. Can she require her employer to abide by California in this case? No.

Labor laws don’t apply to the people living in a certain state – they apply to the businesses that are operating within that state’s boundaries. Consequently, their employees are covered by that state’s laws as well, regardless of where they live.

The federal FMLA provides its 12 weeks of unpaid leave to any employees who qualify. Employees with a serious health issue are eligible. Parents may take the leave on the birth of a child or to care for a newly adopted child or a new foster child under 18. Employees may also take FMLA leave to care for the member of the immediate family who is suffering a grave illness.

Under FMLA, a worker’s job is protected. That means she or he is entitled to the same job or to another job with similar pay, benefits, hours, and conditions, upon return.   JH