Family Leave Policies
- The federal FMLA provides the basic groundwork for family leave policies. States must provide at least the same benefits of the federal FMLA, but are free to modify their leave policies as the legislatures see fit. Under the FMLA, workers may take up to 12 weeks off work to care for the birth of a newborn or to care for themselves or their family members who have "serious health conditions."
- Under the FMLA, the leave is unpaid. Further, employees are required to give notice to their employers of the leave as soon as it is practical. This typically means at least 30 days notice unless the injury or illness suddenly arises and it is an emergency situation. As of 2011, the federal FMLA does not contain provisions applicable to domestic partners. Further, the law only applies to employers who have more than 50 employees and employees may only take a leave if they have worked 1,125 hours in the previous 12 months.
- The FMLA and state laws that model the FMLA provide job protection to employees. This means that an employer cannot fire an employee for taking a leave of absence due to serious medical conditions or injuries. The job protection offered by the FMLA only applies if the worker follows the applicable FMLA procedure. Furthermore, employers who employ less than 50 workers are not subject to the FMLA's provisions, and employees must be aware that such employers are not required to keep an employee's job open for 12 weeks pursuant to a leave, unless the employer agrees in writing to do so.
- States may provide greater benefits if they choose. For example, California offers paid family leave. In addition, the California paid family leave does not have a work-hour requirement. In Washington, the family leave policy allows domestic partners to take advantage of the job protection benefits similar to those of the FMLA. Workers must check with their state's department of labor for the most current family leave policies in place.
