Paid Sick Leave, Family and Medical Leave Act, and Paid Family and Medical Leave: What Are They?

In today’s workforce, balancing work and personal obligations is paramount. Various forms of leave have been established to provide support for employees during times of illness, family emergencies, or the need to care for a loved one. Paid Sick Leave, the Family and Medical Leave Act (FMLA), and Paid Family and Medical Leave are three crucial components of the leave landscape. Understanding these provisions is essential for both employees and employers to ensure compliance, navigate legal requirements, and foster a supportive work environment.

What is Paid Sick Leave?

Paid sick leave is an employer-paid benefit that enables covered employees to take time off work to receive medical care. It can be offered as a standalone policy or as part of a combination of vacation, paid time off (PTO), and sick leave policies. Most employers offer paid sick leave to their full-time employees, with more than half of large firms offering this benefit to their workers. However, this is less prevalent among part-time employees. Many states have enacted paid sick leave laws, and many cities also require it. These laws are designed to protect employees and their families from having to choose between taking time off work or losing their job due to a health problem or other personal emergency.

Generally, these paid sick leave laws allow employees to earn up to a certain number of days of sick leave per year. This amount can be earned in a variety of ways, including based on the hours worked or on a frontloaded account that an employee can draw from at the beginning of every year. In some cases, these laws also include “safe leave” provisions that provide a means for an employee to take time off to attend court proceedings, counseling appointments, or services from victim’s support groups. This can significantly benefit employees and their families who must attend to personal needs or deal with other circumstances related to domestic violence, sexual assault, and stalking.

State and local paid sick leave laws vary greatly in their scope and generosity, but most include specific eligibility requirements. They often require employers to notify employees of their right to sick leave within a certain period of employment, usually 90 days. It is also important to note that some states require a waiting period for new employees before they can use accrued sick leave. This is to ensure that new employees have sufficient time to adjust to their new schedules and work responsibilities before making decisions about when to use sick leave. Some paid sick leave laws, such as in California, also require employers to reinstate unused leave balances for employees who leave the company. This could include unused leave that an employee had bundled into a PTO policy rather than using as sick leave.

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal labor law that requires employers to provide eligible workers with up to 12 weeks of unpaid leave for certain family and medical reasons. The law was signed by President Bill Clinton in 1993 and was meant to address a variety of changes in the workplace and family life, such as the growing number of women entering the workforce. FMLA provides eligible employees with up to 12 weeks of leave during a 12-month period for a number of reasons, including adoption, pregnancy, and caring for a sick family member or new child. It also allows employees to take leave if they have a serious health condition that prohibits them from working, allowing them to continue their group health insurance coverage.

The United States has 11 states and the District of Columbia that offer paid family and medical leave programs. Most of these state programs are funded by employee and employer payroll taxes. California, Colorado, Delaware, Massachusetts, Maryland, New Jersey, New York, Oregon, Rhode Island, and the District of Columbia all offer programs primarily funded by employee-paid payroll taxes. Under the FMLA, an employee must notify their leave-approving official of their intent to use leave and submit certification paperwork as requested by the agency. Supervisors have discretion in approving or disapproving leave requests supported by an acceptable medical certification from a health care provider, though they may not deny them without just cause.

An employer who violates an employee’s FMLA rights by refusing to grant leave, terminating the position, not holding an equivalent job for the employee, or denying benefits is subject to fines and other legal penalties, as well as potential criminal prosecution. An employee who files a claim against an employer for a violation of the FMLA can do so within two years of the date of the last action that the employee believes violated the law. If an employee exhausts all of her or his family and medical leave time under the FMLA, the employer must rehire the employee to the same position, with the same job duties and responsibilities and pay and benefits. The position must be offered in the same geographic location and require the same skills, effort, responsibility, and authority as the position held before the employee took leave.

What is Paid Family and Medical Leave?

Paid Family and Medical Leave is a benefit that allows employees to take time off of work for personal or family health care needs. This can include caring for a sick loved one, recovering from a major surgery or illness, and bonding with a new child, or adopting a child. The benefits are paid through a state program or private insurance on a mandatory (New York) or voluntary basis. These systems are funded by employer-paid payroll taxes and employee contributions. The programs are regulated by the Department of Labor.

California, Connecticut, Delaware, Massachusetts, Maryland, New Jersey, Oregon, Rhode Island, and the District of Columbia are among the states with paid leave policies. They offer job-protected leave to eligible employees in varying durations and with various wage replacement options for the public sector and self-employed workers. These programs typically allow workers to take up to 12 weeks of Paid Family and Medical Leave in a 12-month period. They can also extend their leave to up to 14 weeks in certain situations, such as when pregnant or experiencing pregnancy or childbirth complications.

Those who are covered by a program must notify their employer in advance of the date they plan to use their leave. This notice can be given by e-mail, text message, or handwritten note. Employers must respond to the notice within 30 days of the employee’s receipt. If an employer fails to respond, the employee may file a complaint with the CTDOL.