FMLA: How to Compare Leave State by State
The Family Medical Leave Act is a federal law that allows employees to take up to 12 weeks of leave for eligible events such as personal illness, bereavement, to care for a family member and other occurrences, according to dol.gov.
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State Laws
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Since FLMA is a federal law employees should check to see what type of leave laws their state has, according to public.getlegal.com. In some cases states have statutes that address employee leaves of absence. Additional situations may be covered in state laws that FLMA does not address.
FLMA vs State Laws
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According to the United States Department of Labor website, none of the laws in FLMA take precedence over states laws that are in the best interest of employees or employers. When federal FLMA laws conflict with state or local laws, the state or local law must be followed. If an employee has a disability the Americans with Disabilities Act may provide additional leave coverage.
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Unpaid vs Paid Leaves
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FMLA provides unpaid leave for employees but employees can request, or employers can require that paid time offer be taken concurrently with unpaid leaves, according to public.getlegal.com.
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