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Apr03

FMLA Laws Paid Leave

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How can I find out if the following states have paid FMLA?
AZ
CA
CO
FL
GA
KS
NV
NY
TX

There is really no such thing as “paid FMLA leave”. It’s an oxymoron, because FMLA, the Family Medical Leave Act, is a federal law that requires employers to give unpaid leave to workers.

The federal FMLA covers employers with more than 50 workers within 75 miles throughout the U.S. Employees are permitted to take up to 12 weeks of job-protected leave in a 12-month period. Workers must have put in 1,250 hours in the 12 months before leave.

It’s not entirely clear whether you are looking for programs that pay a disabled worker, a worker after childbirth, or a worker who is caring for a sick relative.

Here’s a handy resource for state family leave laws.

A few states have family leave or maternity leave laws at the state level. According to the U.S. Department of Labor, there are 11 states that have family leave laws at the state level. They are California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin.

Five states have short-term disability programs that pay benefits for 26 to 52 weeks to workers who have a health condition that prevents them from working. Those states are New York, Rhode Island, California, Hawaii and New Jersey.

Of the states that you mention, only California has a law requiring employers to give paid family leave to workers.

California actually has two family leave laws. The California Family Rights Act (CFRA) is similar to the FMLA in many ways. It was passed before the FMLA and in many ways was a model for FMLA.

The California Paid Family Leave program applies to employers of all sizes, not just those with 50 or more workers. It permits California workers to take up to 6 weeks off to care for a new child or a family member with a serious illness. Employees collect 55% of their salary from the state EDD or Employment Development Department, under this program. Under this law, small employers – those with less than 50 workers – are not required to hold a job for the worker. Paid Family Leave applies to all workers covered by the California Short Term Disability plan, which is almost every employee in the state.  

New York does not have a family leave law, but it has a state disability plan that covers women who are medically disabled due to pregnancy or childbirth. For a normal delivery, this is usually a period of 6 to 8 weeks.

Arizona, Colorado, Florida, Georgia, Kansas, Nevada, and Texas have no significant family leave or maternity leave law at the state level.

Other states in the U.S. offer family leave under the federal FMLA, although a few have expanded that leave to smaller employers or other agencies.

This entry was posted on Thursday, April 3rd, 2008 at 1:00 pm and is filed under
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20 Responses to “FMLA Laws Paid Leave”

  1. FMLA law news update - April 4 : FMLA law Family Medical Leave Act update, Latest cases on FMLA Law Says:
    April 4th, 2008 at 8:51 am

    […] FMLA Laws Paid Leave By Caitlin There is really no such thing as “paid FMLA leave”. It’s an oxymoron, because FMLA, the Family Medical Leave Act, is a federal law that requires employers to give unpaid leave to workers. The federal FMLA covers employers with more than … […]

  2. Sharon Says:
    July 22nd, 2008 at 9:04 pm

    I was hurt at work and am currently on workers comp. The injury was worse than originally believed and I have not been able to return to my job as a global office manager. I have been out of work for 2 months and have another re-assessment from the hand specialist on 8/8/08. I am currently working with Occupational therepy as well.
    I just recieved a fedex from my company stating that I have requested (I did not) FMLA leave.
    I already have to move when my lease is up in September just because the loss of income has been substantial already. How will the FMLA affect my workers comp claim? Do I recieve money from FMLA? If I recieve income from FMLA do I report that income to my workers comp insurance company?
    My company is stating that I requested this leave on May 26, 2008, again I did not. Will I lose my job after the 12 weeks (which should be around the end of August)? I was under the impression that since I am on TTD my job is safe until I return, can you please help me?
    I appreciate your help.

  3. Caitlin Says:
    July 23rd, 2008 at 7:51 am

    Hi Sharon! We’re sorry to hear about your accident.

    FMLA is always unpaid leave. Many times employers have FMLA run at the same time as workers comp, because they don’t want an employee to be able to take off 4 months for workers comp and then another 12 weeks of FMLA, later in the year.

    HOWEVER,in order for your workers comp to count as FMLA, the employer needed to inform you in writing at the beginning of your leave. Obviously, they did not do so, and are now trying to backdate the FMLA. You would be well within your rights to refuse to sign the FMLA documents, or to change the date on the FMLA documents to today’s date.

    FMLA does not affect your benefits or status on workers comp and yes, in most cases your job is protected after a workplace injury.

    For complete answers to your questions, please post them on our sister site at http://www.laborlawtalk.com. And thanks for reading the blog! Caitlin

  4. Rosie Says:
    February 4th, 2009 at 1:56 pm

    I thought that if you were out of work due to a worker comp injury and you were on a FMLA concurrently,that your job was no longer protected after 12 weeks. Is that correct?

  5. Caitlin Says:
    February 4th, 2009 at 4:08 pm

    Hi Rosie!
    In most cases, that is true. An employee cannot be fired solely because he or she was injured at work. They can be fired if they violated safety regulations that resulted in the injury. And if the employee is out more than the 12 weeks permitted under FMLA, the employee can be terminated. Most companies will try not to terminate the employee, if possible, because it increases their workers comp premiums. But they can legally do so, if they wish. HTH, and thanks for reading the blogs!~ Caitlin

  6. Rosa Francois Says:
    August 27th, 2009 at 4:43 pm

    I live in Texas. My FMLA packet have been fill-out by the patient and doctors. My company has approved my FMLA. Now, when will I start receiving funds to help me paid bills and who should issue me funds? Thanks

  7. Caitlin Says:
    September 2nd, 2009 at 8:14 am

    Hi Rosa! We hate to be the ones to tell you this, but FMLA is unpaid leave. It guarantees that you have a job to return to, but does not pay any cash benefits.
    Many countries offer some type of paid short term disability. The US does not. HTH, and thanks for reading the blogs!~ Caitlin

  8. David Says:
    September 16th, 2009 at 2:40 am

    Hi. My wife is on maternity leave for 4 months from her employer. Before she left her office, she was informed by her supervisor that when she gets back to work (which will be in time for her annual performance review) that even during her maternity leave - that it will also be accountable on her review? Is it legal in CA. for an employer to include the times when a women is on maternity for their annual performance review? Thanks! David.

  9. Mattresses Says:
    April 27th, 2010 at 3:23 am

    Hi there I like your post

  10. Caitlin Says:
    April 27th, 2010 at 8:28 pm

    Thanks for reading the blogs, Mattresses!~ Caitlin

  11. abstract art Says:
    May 1st, 2010 at 11:58 am

    I enjoyed checking out your blog today and I will be back to check it more in the future so please keep up your good quality work. I love the colors that you chose, you are quite talented!

  12. Caitlin Says:
    May 3rd, 2010 at 7:45 am

    Thanks for the kind words, abstract! Check back often — we post new material at least 5 days per week. Thanks for reading!~ Caitlin

  13. Electric Bikes Says:
    May 3rd, 2010 at 9:49 am

    Thank you for your help!

  14. Caitlin Says:
    May 3rd, 2010 at 10:17 am

    You are very welcome, Electric!~ Caitlin

  15. Jessie Says:
    July 27th, 2010 at 8:29 am

    How do FMLA regulations suggest employers should handle annual compensation reviews for employees who are out on a leave when the review date arises?

  16. Caitlin Says:
    July 27th, 2010 at 9:02 am

    Hi Jessie! Under the FMLA regulations, time off for FMLA cannot be counted against an employee in the performance evaluation. So an employer cannot say to an employee who took 12 weeks of FMLA, *You only accomplished 3/4 of what we expect of an employee because you only worked 9 months, so you will not receive an increase.* Basically, the employer has to consider only the employees performance during the weeks worked, and cannot penalize the employee for work that went undone during weeks on FMLA.

    However, in some cases the performance evaluation can be delayed. Time on FMAL does not count as time worked for a performance appraisal. Therefore, if an employer has the policy of doing evaluations after the employee has worked a year, the employer can wait 3 months until the employee has actually worked 12 months.

    Different rules apply for bonuses and commissions. HTH, and thanks for reading the blogs!~ Caitlin

  17. Denise Says:
    October 4th, 2010 at 8:35 am

    If you working under a contract in a bargaining unit and it has always been that you use accrued time for an illness and now they have sent flma papers and requiring them to apply and use their accrued time as part of the flma 12 Weeks, the flma was not a request of the employee and he may not need the flma with the use of accrued time. Is this possible or does contract prevail?

  18. Caitlin Says:
    October 4th, 2010 at 9:34 am

    Hi Denise! It is entirely appropriate and very common for the employer to require the employee to use FMLA concurrently with paid time off in this situation. HTH, and thanks for reading the blogs!~Caitlin

  19. Matt Bruno Says:
    January 7th, 2011 at 12:46 am

    In California how many days are you eligible for under Fmla .is it 84 or 90.

  20. Caitlin Says:
    January 7th, 2011 at 10:07 am

    Hi Matt! California has 4 different leave laws, but if you are talking about FMLA specifically, it is 12 weeks or 84 days, not 90 days. HTH, and thanks for reading the blogs!~ Caitlin

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