Family/Parental/Adoption Leave Laws

Transcription

1 Family/Parental/Adoption Leave Laws Revised October 2013 To check whether there is pending legislative issues or recently enacted legislative changes for your state(s) please click here. To access additional SHRM State Law & Regulation Resources click here. If a state does not appear on the following chart it is due to our not finding any evidence a statute exists for that state. Note: Employers who operate in a state(s) containing no provisions regarding FMLA or other type of parental/adoption leave and who have 50 or more employees must abide by the federal Family Medical Leave Act. Additionally, employers covered by both state and federal FMLA law, must follow the regulation which provides the most generous benefit to eligible employee's. Click the letter corresponding to the state name below. A C D F G H I K L M N O P R S T U V W Alaska State Statute (a) An employer shall grant an employee whose health is affected by pregnancy, childbirth, or a related medical condition the same employment benefits and privileges that the employer grants to other employees with similar ability to work who are not so affected, including allowing the employee to take disability or sick leave or other accrued leave that the employer makes available to temporarily disabled employees. (b) An employee is eligible to take family leave if the employee has been employed by the employer for at least 35 hours a week for at least six consecutive months or for at least 17 1/2 hours a week for at least 12 consecutive months immediately preceding the leave. The leave may be unpaid leave. However, the employee may choose to substitute, or the employer may require the employee to substitute, accrued paid leave to which the employee is entitled. An employer shall permit an eligible employee to take family leave because of a serious health condition for a total of 18 workweeks during any 24-month period. An employer shall permit an eligible employee to take family leave because of pregnancy and childbirth or adoption for a total of 18 workweeks within a 12-month period; the right to take leave for this reason expires on the date one year after the birth or placement of the child. If the employee is entitled to a longer period of time under (a) of this section, then the longer period applies. An eligible employee is entitled to take family leave (1) because of pregnancy and the birth of a child of the employee or the placement of a child, other than the employee's stepchild, with the employee for adoption; an employer may require that an employee using family leave under this paragraph take the leave in a single block of time; (2) in order to care for the employee's child, spouse, or parent who has a serious health condition; in this paragraph, "child" includes the employee's biological, adopted, or foster child, stepchild, or legal ward; and (3) because of the employee's own serious health condition. (c) Notwithstanding (b) of this section, if a parent or child of two employees employed by the same employer has a serious health condition, the employer is not required to grant family leave to both employees simultaneously. (d) During the time that an employee is on leave under this section, the employer shall maintain coverage under any group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave under (e)

2 of this section. However, the employer may require that the employee pay all or part of the costs for maintaining health insurance coverage during a period of unpaid leave. (e) Unless the employer's business circumstances have changed to make it impossible or unreasonable, when an employee returns from leave under this section, the employer shall restore the employee (1) to the position of employment held by the employee when the leave began; or (2) to a substantially similar position with substantially similar benefits, pay, and other terms and conditions of employment. (f) This section does not apply to an employer's small employment facility if the total number of employees employed within 50 road miles of the small employment facility, including those employed at the facility, was fewer than 21 during the 20 consecutive workweeks in which the employer employed at least 21 employees at all business facilities If the necessity for leave under AS is foreseeable based on an expected birth or adoption or on planned medical treatment or supervision, the employee shall provide the employer with prior notice of the expected need for leave in a manner that is reasonable and practicable. If the necessity for leave under that section is foreseeable based on planned medical treatment or supervision, the employee shall also make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the employee's child, spouse, or parent (a) A pregnant employee may request a transfer to a suitable position under this section. An employer may not fill the position with a person other than the requesting employee until the employer has offered the position to the employee and the employee has refused the offer. A position is suitable if (1) it is an existing unfilled position in the same administrative division in which the employee is currently employed and is less strenuous or less hazardous than the employee's current position; (2) transfer to the position is recommended by a licensed health care provider; (3) the employee is qualified and immediately able to perform the duties of the position; and (4) the transfer will not subject the employer to legal liability under a collective bargaining contract or employment contract. (b) An employer shall compensate an employee who receives a transfer under this section at a rate at least equal to the lesser of the rate, as adjusted by changes to compensation that apply generally to the work force, at which (1) the employee was compensated immediately before requesting the transfer; or (2) the position into which the employee transfers is compensated. Arizona In AS , (1) "child" means an individual who is (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of mental or physical disability; (2) "employer" means the state and a political subdivision of the state that employed at least 21 employees in the state for each working day during any period of 20 consecutive workweeks in the preceding two calendar years; "employer" does not include a regional Native housing authority created under AS ; (3) "health care provider" means a dentist licensed under AS 08.36, a physician licensed under AS 08.64, or a psychologist licensed under AS 08.86; (4) "parent" means a biological or adoptive parent, a parent-in-law, or a stepparent; (5) "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves (A) inpatient care in a hospital, hospice, or residential health care facility; or (B) continuing treatment or continuing supervision by a health care provider; (6) "small employment facility" means a facility of an employer that did not employ 21 or more employees during any period of 20 consecutive workweeks in the preceding two calendar years; (7) "state" includes the University of Alaska, the Alaska Railroad, and the executive, legislative, and judicial branches of state government including public and quasi-public corporations and authorities established by law. R "Parental leave" means any combination of annual leave, sick leave, compensatory leave, or leave without pay taken by an employee due to pregnancy, childbirth, miscarriage, abortion, or adoption of children. An agency head shall approve a request for parental leave of

3 an employee subject to the following conditions: 1. An employee may take sick leave only for periods of disability. 2. Parental leave for childbirth, miscarriage, abortion, or adoption shall not exceed 12 weeks, unless the agency head approves a request for a longer duration. 3. An agency shall not require an employee to exhaust all annual leave, sick leave, or compensatory leave before taking leave without pay. 4. An employee shall specify the number of hours of annual leave, sick leave, compensatory leave, and leave without pay to be used when requesting parental leave. 5. If leave under this Section qualifies for FMLA leave, an agency shall count it as FMLA leave. 6. An employee returning to work from leave without pay taken as part of a parental leave shall return to the position occupied at the start of the parental leave. If this position no longer exists, the agency shall conduct a reduction in force. R A. General. If an employee's condition qualifies as a serious health condition under FMLA, the employee may take a maximum of 12 weeks of leave in the following order: 1. The employee shall use all accrued sick leave; 2. The employee shall then use all accrued annual leave; 3. If the employee exhausts all accrued sick and annual leave, the agency head shall grant medical leave without pay under R ; and 4. The provisions of the FMLA, not the provisions of R (B), shall govern return to work from leave without pay granted to complete an FMLA-qualified leave. The FMLA Regulations of 1993, 29 CFR through 29 CFR , are incorporated by this reference and on file with the Department and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. B. Family leave. If an employee's leave qualifies for FMLA leave to care for a family member with a serious health condition: 1. The employee may use any sick leave available under R (A)(4); 2. The employee then shall use all accrued annual leave; 3. If the employee exhausts all available sick and accrued annual leave, the agency head shall grant leave without pay under R ; and 4. The provisions of the FMLA, not the provisions of R (D), shall govern return to work from leave without pay granted to complete an FMLA-qualified leave. C. Compensatory time. An employee may use accrued compensatory time for an FMLA qualified leave. D. Leave without pay. An agency head shall apply leave without pay granted for an FMLA-qualified leave simultaneously with leave available under R and R E. Counting FMLA leave. To determine the maximum leave available under FMLA, an agency head shall include all leave time granted that qualifies as FMLA leave. F. Health benefit plan participation. An employee who is on FMLA leave is eligible to participate in the health benefit plan under R G. Life insurance plan participation. An employee who is on FMLA leave without pay: 1. Continues to participate in the Basic Life and Accidental Death and Dismemberment Insurance Plan; and 2. May continue to participate in the supplemental life and dependent life insurance coverage by paying the full premium. H. Conflict. If there is a conflict between the provisions of these rules and the FMLA, the provisions of the FMLA govern. R A. An agency head shall place a permanent status employee on medical leave without pay if: 1. The employee is unable to work due to a non-job-related, seriously incapacitating and extended illness or injury; 2. A physician selected by the employee documents the seriousness and extensiveness of the incapacitating illness or injury, subject to confirmation by an agencyselected physician, at the expense of the agency, whose opinion shall be used to determine whether a medical leave without pay should be granted; 3. The employee exhausts all leave balances, including any leave donated to the employee; and 4. The leave terminates when the employee returns to work or the employee is absent for 180 days, whichever occurs first. B. An agency head shall determine the status of an employee who returns to work from medical leave without pay in the manner specified in subsection R (D)(2). [Note: Arizona has serious health condition leave, parental leave and medical leave without pay regulations for state employees. These provisions are available in the Arizona Administrative Code.] Arkansas Terms defined As used in this subchapter, unless the context otherwise requires: (1)

4 "Agency head" or "agency director" means the executive head of all agencies, departments, boards, commissions, bureaus, councils, or other agencies of the state; (3) "Catastrophic illness" means a medical condition, as certified by a physician, of an employee or of the spouse or parent of the employee or of a child of the employee that may be claimed as a dependent under the Arkansas Income Tax Act of 1929, et seq., which requires an employee's absence from duty for a prolonged period of time and which, except for the catastrophic leave program, would result in a substantial loss of income to the employee because of the exhaustion of all earned sick and annual leave; (4) "Catastrophic leave" means leave granted to an employee as a result of a catastrophic illness, upon the employee's exhausting all sick and annual leave; (5) "Catastrophic leave bank" means a pool of accrued annual leave donated by employees; (8) "Employee" means a person regularly appointed or employed in a position of state service by a state agency, as defined in subdivision (1) of this section, for which he or she is compensated on a full-time basis; (9) "Probationary employee" means a person certified from a list of eligibles or employed through a work test appointment and serving a probationary period; (10) "Provisional employee" means a person who has been appointed to fill a position pending the establishment of a register for such position; (11) "State agencies" means all agencies, departments, boards, commissions, bureaus, councils, state-supported institutions of higher learning, or other agencies except the following excluded agencies or positions within agencies: (A) The elected constitutional officers of this state and their employees; (B) The General Assembly and its employees, including employees of the Bureau of Legislative Research of the Legislative Council and the Division of Legislative Audit; (C) Members of the Arkansas Supreme Court, members of the Arkansas Court of Appeals, the Administrative Office of the Courts, circuit and chancery courts, and prosecuting attorneys, but not including deputy prosecuting attorneys; (D) The Arkansas State Highway and Transportation Department; and (E) All administrative, academic, or other nonclassified employees of the state-supported institutions of higher learning; (12) "Temporary employee" means a person who has been appointed from a register for a period of time not to exceed six (6) months; (13) (A) "Working day" means all regularly prescribed days of employment in which the employee performs those duties for which he or she was hired. (B) For the purposes of this subchapter, a working day shall consist of eight (8) hours; and (14) "Years of service" includes the total number of years of employment with all agencies of Arkansas state government whether such employment is continuous or not. (15) "Immediate family member" means: (A) An employee s father, mother, sister, brother, husband, wife, child, grandmother, grandfather, grandchild, in-laws; and (B) An individual acting as parent or guardian of an employee; (16) "Severe illness" means a medical condition of an employee or an employee s immediate family member: (A) Which is catastrophic in nature; (B) Which could not be anticipated; (C) That requires continuous in-patient or out-patient medical treatment; and(d) That causes an employee or the employee s immediate family member to be absent from duty for a prolonged period of time; (17) "Shared leave" means the donation of an employee s earned sick leave or earned annual leave to another employee who: (A) Is suffering from a severe illness; or (B) Has an immediate family member suffering from a severe illness Accrual and use of sick leave (a)(1)(a) Except for the employees under subdivision (a)(1)(b) of this section, each permanent or probationary employee shall be entitled to sick leave with full pay computed on the basis of one (1) day for each complete month of service including the probationary period. (B) Each fire and emergency service employee of the State Military Department who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service. (2)(A) Only one hundred twenty (120) days of sick leave may be carried over at the end of the calendar year. (B)(i) Fire and emergency service employees under subdivision (a)(1)(b) of this section may accumulate one hundred and eighty (180) days of sick leave to carry over at the end of the calendar year. (ii) However, payments to fire or emergency service employees for unused leave at retirement under Sections through shall be calculated at the 120-day maximum rate for regular state employees. (3) (A) An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave. An agency which has a written procedure to identify

5 patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave. (B) A certificate from a Christian Science practitioner listed in The Christian Science Journal may be submitted in lieu of a physician's certificate. (b) Sick leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees. (c) Sick leave with pay shall be allowed to provisional and temporary employees on the basis of one (1) day for each complete month of service. (d) Sick leave with pay shall be allowed to permanent, probationary, provisional, and temporary employees who are working one-half (1/2) time computed on the basis of one-half (1/2) the rate of the schedule for full-time employees for each complete month of service. (e) (1) Sick leave may not be accumulated during a period of leave without pay when such leave is for ten (10) days or more within a calendar month. (2) Saturdays, Sundays, holidays, and nonworking days within a period of sick leave shall not be charged as sick leave. Sick leave granted shall be based on working days. (3) Employees transferring between state agencies without a break in service shall, at the time of transfer, retain all accumulated sick leave credits. (4) Whenever an employee is laid off because of budgetary reasons or curtailment of activities and he is reinstated within a period of six (6) months, accumulated sick leave may be restored to his credit. (f)(1) Except in the case of maternity leave, absences due to sick leave shall be charged in the following order: (A) Earned sick leave; (B) Earned annual leave; (C) Shared leave, when authorized; (D) Catastrophic leave, when authorized; and (E) Leave without pay, when authorized. (2) Requests for sick leave shall be applied for in advance. (A) If the nature of the sickness makes this impossible, notification of absence on account of sickness shall be given as soon as possible on the first day of absence to the head of the department or the person in charge of the office, and application for sick leave shall be filed within two (2) days after return to duty. (B) If notification is not made in accordance with the procedure herein, the absence shall be charged to annual leave or leave without pay, at the discretion of the agency director. (3) The minimum charge for absence on account of sickness shall be fifteen (15) minutes Shared leave (a) As used in this section, "employee", means a person regularly appointed or employed in a position of state service by a governmental entity listed in subdivision (b)(1) of this section for which he or she is compensated on a full-time basis. (b) An employee is eligible to obtain shared leave if the employee has: (1) Been continuously employed for more than one (1) year by the: (A) Same state agency; (B) General Assembly; (C) Bureau of Legislative Research; (D) Division of Legislative Audit; or (E) Arkansas State Highway and Transportation Department; (2) Applied in writing for shared leave; and (3) Received written approval for shared leave from his or her employer. (c) If shared leave is granted to an employee under this section, the employee shall use the shared leave after the employee uses the following: (A) Earned sick leave; (B) Earned annual leave; and (C) Earned compensatory leave. (d)(1) An employee is eligible as a donor of shared leave when the employee: (A) Is employed by the same employer as the employee receiving shared leave; (B) Has cumulative earned sick leave and earned annual leave in excess of eighty (80) hours; and (C) Has not been disciplined by a governmental entity listed in subdivision (b)(1) of this section for an abuse of leave in the past two (2) calendar years. (2) A donation of leave as shared leave must be approved in writing by the: (A) Donating employee s employer; and (B)(i) Chief Fiscal Officer of the State. (ii) The Chief Fiscal Officer of the State shall determine whether the employer of the employee who would donate shared leave has sufficient funds in its budget to grant the shared leave. (3) An employee donating shared leave may donate only the amount of earned sick leave or earned annual leave that will not cause the donating employee s cumulative earned sick leave and earned annual leave to be less than eighty (80) hours. (4) An employee may receive a maximum of two thousand eighty (2080) hours of combined shared leave and catastrophic leave in a calendar year. (e) An employee who is granted shared leave shall provide his or her employer an acceptable medical certificate from a healthcare provider documenting the severe illness that made the employee eligible for shared leave. (f) Shared leave that is donated to an employee and is not used by the employee shall be converted to the catastrophic leave program as described under Section (g) The Office of Personnel Management of the Division of Management Services of the Department of Finance and Administration shall establish

6 California procedures and guidelines to implement this section. 233 (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee's accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee's then current rate of entitlement, to attend to an illness of a child, parent, spouse, or domestic partner of the employee. All conditions and restrictions placed by the employer upon the use by an employee of sick leave also shall apply to the use by an employee of sick leave to attend to an illness of his or her child, parent, spouse, or domestic partner. This section does not extend the maximum period of leave to which an employee is entitled under Section of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec et seq.), regardless of whether the employee receives sick leave compensation during that leave. (b) As used in this section: (1) "Child" means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. (2) "Employer" means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. (3) "Parent" means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. (4) "Sick leave" means accrued increments of compensated leave provided by an employer to an employee as a benefit of the employment for use by the employee during an absence from the employment for any of the following reasons: (A) The employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the employee. (B) The absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the employee. (C) The absence is for other medical reasons of the employee, such as pregnancy or obtaining a physical examination. "Sick leave" does not include any benefit provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974 (Public Law , as amended) and does not include any insurance benefit, workers' compensation benefit, unemployment compensation disability benefit, or benefit not payable from the employer's general assets. (c) No employer shall deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness of a child, parent, spouse, or domestic partner of the employee. 234 An employer absence control policy that counts sick leave taken pursuant to Section 233 as an absence that may lead to or result in discipline, discharge, demotion, or suspension is a per se violation of Section 233. An employee working under this policy is entitled to appropriate legal and equitable relief pursuant to Section In addition to the provisions that govern pregnancy, childbirth, or a related medical condition in Sections and 12940, it shall be an unlawful employment practice, unless based upon a bona fide occupational qualification: (a) (1) For an employer to refuse to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable period of time not to exceed four months and thereafter return to work, as set forth in the commission s regulations. The employee shall be entitled to utilize any accrued vacation leave during this period of time. Reasonable period of time means that period during which the female employee is disabled on account of pregnancy, childbirth, or a related medical condition. An employer may require an employee who plans to take a leave pursuant to this subdivision to give the employer reasonable notice of the date the leave shall commence and the estimated duration of the leave. (2) (A) For an employer to refuse to maintain and pay for coverage for an eligible female employee who takes leave pursuant to paragraph (1) under a group health plan, as defined in Section 5000(b)(1) of the Internal Revenue Code of 1986, for the duration of the leave, not to exceed four months over the course of a 12-month period, commencing on the date the leave taken under paragraph (1) begins, at the level and under the conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in this paragraph shall preclude an employer from maintaining and paying for coverage under a group health plan beyond four months. An employer may recover from the employee the premium that the employer paid as

7 required under this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: (i) The employee fails to return from leave after the period of leave to which the employee is entitled has expired. (ii) The employee s failure to return from leave is for a reason other than one of the following: (I) The employee taking leave under the Moore-Brown-Roberti Family Rights Act (Sections and of the Government Code). (II) The continuation, recurrence, or onset of a health condition that entitles the employee to leave under paragraph (1) or other circumstance beyond the control of the employee. (B) If the employer is a state agency, the collective bargaining agreement shall govern with respect to the continued receipt by an eligible female employee of the health care coverage specified in subparagraph (A). (b) (1) For an employer to refuse to provide reasonable accommodation for an employee for a condition related to pregnancy, childbirth, or a related medical condition, if she so requests, with the advice of her health care provider. (2) For an employer who has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily disabled employees to less strenuous or hazardous positions for the duration of the disability to refuse to transfer a pregnant female employee who so requests.(3) For an employer to refuse to temporarily transfer a pregnant female employee to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where that transfer can be reasonably accommodated. However, no employer shall be required by this section to create additional employment that the employer would not otherwise have created, nor shall the employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job. (c) This section shall not be construed to affect any other provision of law relating to sex discrimination or pregnancy, or in any way to diminish the coverage of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth under any other provision of this part, including subdivision (a) of Section (a) In addition to the provisions that govern pregnancy, childbirth, or a related medical condition in Sections and 12940, each of the following shall be an unlawful employment practice, unless based upon a bona fide occupational qualification: (1) For an employer to refuse to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable period of time not to exceed four months and thereafter return to work, as set forth in the commission s regulations. The employee shall be entitled to utilize any accrued vacation leave during this period of time. Reasonable period of time means that period during which the female employee is disabled on account of pregnancy, childbirth, or a related medical condition. An employer may require an employee who plans to take a leave pursuant to this subdivision to give the employer reasonable notice of the date the leave shall commence and the estimated duration of the leave. (2) (A) For an employer to refuse to maintain and pay for coverage for an eligible female employee who takes leave pursuant to paragraph (1) under a group health plan, as defined in Section 5000(b)(1) of the Internal Revenue Code of 1986, for the duration of the leave, not to exceed four months over the course of a 12-month period, commencing on the date the leave taken under paragraph (1) begins, at the level and under the conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in this paragraph shall preclude an employer from maintaining and paying for coverage under a group health plan beyond four months. An employer may recover from the employee the premium that the employer paid as required under this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: (i) The employee fails to return from leave after the period of leave to which the employee is entitled has expired. (ii) The employee s failure to return from leave is for a reason other than one of the following: (I) The employee taking leave under the Moore-Brown-Roberti Family Rights Act (Sections and of the Government Code). (II) The continuation, recurrence, or onset of a health condition that entitles the employee to leave under paragraph (1) or other circumstance beyond the control of the employee. (B) If the employer is a state agency, the collective bargaining agreement shall govern with respect to the continued receipt by an eligible female employee of the health care coverage specified in subparagraph (A). (3) (A) For an employer to refuse to provide reasonable

8 accommodation for an employee for a condition related to pregnancy, childbirth, or a related medical condition, if she so requests, with the advice of her health care provider. (B) For an employer who has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily disabled employees to less strenuous or hazardous positions for the duration of the disability to refuse to transfer a pregnant female employee who so requests. (C) For an employer to refuse to temporarily transfer a pregnant female employee to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where that transfer can be reasonably accommodated. However, no employer shall be required by this section to create additional employment that the employer would not otherwise have created, nor shall the employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job. (4) For an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. (b) This section shall not be construed to affect any other provision of law relating to sex discrimination or pregnancy, or in any way to diminish the coverage of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth under any other provision of this part, including subdivision (a) of Section SEC. 2. Section 1.5 of this bill incorporates amendments to Section of the Government Code proposed by both this bill and Assembly Bill 592. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2012, (2) each bill amends Section of the Government Code, and (3) this bill is enacted after Assembly Bill 592, in which case Section 1 of this bill shall not become operative. Colorado [Note: California Family Rights Act is located in California's Government Code.] Definitions. AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "CIVIL UNION" HAS THE SAME MEANING AS SET FORTH IN SECTION (1), C.R.S. (2) "EMPLOYEE" MEANS A PERSON EMPLOYED BY AN EMPLOYER. (3) "EMPLOYER" HAS THE SAME MEANING AS SET FORTH IN THE FMLA. (4) "FMLA" MEANS THE 1 FEDERAL "FAMILY AND MEDICAL LEAVE ACT OF 1993", PUB.L , AS AMENDED, 29 U.S.C. SEC. 2601, ET SEQ. (5) "FMLA LEAVE" MEANS LEAVE FROM WORK AND ALL BENEFITS AUTHORIZED BY THE FMLA Family and medical leave - state requirements. (1) IN ADDITION TO THE LEAVE TO WHICH AN EMPLOYEE IS ENTITLED UNDER THE FMLA, AN EMPLOYEE IN THIS STATE IS ENTITLED TO FMLA LEAVE TO CARE FOR A PERSON WHO HAS A SERIOUS HEALTH CONDITION, AS THAT TERM IS DEFINED IN THE FMLA, IF THE PERSON: (a) IS RELATED TO THE EMPLOYEE BY BLOOD, ADOPTION, LEGAL CUSTODY, MARRIAGE, OR CIVIL UNION; OR (b) RESIDES WITH AND IS IN A COMMITTED RELATIONSHIP WITH THE EMPLOYEE Enforcement. IF AN EMPLOYER DENIES AN EMPLOYEE IN THIS STATE FMLA LEAVE TO CARE FOR A PERSON DESCRIBED I SECTION WHO IS NOT A PERSON FOR WHOM THE EMPLOYEE WOULD BE ENTITLED TO LEAVE UNDER THE FMLA, OR INTERFERES WITH AN EMPLOYEE'S EXERCISE OF OR ATTEMPT TO EXERCISE HIS OR HER RIGHT TO FMLA LEAVE FOR PERSONS DESCRIBED IN SECTION , THE EMPLOYER IS SUBJECT TO DAMAGES AND EQUITABLE RELIEF AS SPECIFIED IN THE FMLA.AN AGGRIEVED EMPLOYEE MAY BRING AN ACTION IN STATE COURT AGAINST THE EMPLOYER TO RECOVER DAMAGES OR EQUITABLE RELIEF. SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the

9 general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor Benefits, protections, and responsibilities of parties to a civil union. (1) A PARTY TO A CIVIL UNION HAS THE BENEFITS, PROTECTIONS, AND RESPONSIBILITIES UNDER LAW AS ARE GRANTED TO SPOUSES, WHETHER THOSE BENEFITS, PROTECTIONS, AND RESPONSIBILITIES DERIVE FROM STATUTE, ADMINISTRATIVE OR COURT RULE, POLICY, COMMON LAW, OR ANY OTHER SOURCE OF CIVIL LAW. (2) A PARTY TO A CIVIL UNION IS INCLUDED IN ANY DEFINITION OR USE OF THE TERMS "DEPENDENT", 1 "FAMILY", "IMMEDIATE FAMILY", "NEXT OF KIN", AND ANY OTHER TERM THAT DENOTES THE FAMILIAL OR SPOUSAL RELATIONSHIP, AS THOSE TERMS ARE USED THROUGHOUT THE COLORADO REVISED STATUTES. (3) PARTIES TO A CIVIL UNION ARE RESPONSIBLE FOR THE FINANCIAL SUPPORT OF ONE ANOTHER IN THE MANNER PRESCRIBED UNDER LAW FOR SPOUSES. (4) THE LAW OF DOMESTIC RELATIONS, INCLUDING BUT NOT LIMITED TO DECLARATION OF INVALIDITY, LEGAL SEPARATION, DISSOLUTION, CHILD CUSTODY, ALLOCATION OF PARENTAL RESPONSIBILITIES, PARENTING TIME, CHILD SUPPORT, PROPERTY DIVISION, AND MAINTENANCE, APPLIES TO CIVIL UNIONS. (5) LEGAL BENEFITS, PROTECTIONS, AND RESPONSIBILITIES OF SPOUSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING, APPLY IN LIKE MANNER TO PARTIES TO A CIVIL UNION: (a) LAWS RELATING TO TITLE, TENURE, DESCENT AND DISTRIBUTION, INTESTATE SUCCESSION, WAIVER OF WILL, SURVIVORSHIP, OR OTHER INCIDENTS OF THE ACQUISITION, OWNERSHIP, OR TRANSFER, INTER VIVOS OR AT DEATH, OF REAL OR PERSONAL PROPERTY, INCLUDING ELIGIBILITY TO HOLD REAL AND PERSONAL PROPERTY AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP OR AS TENANTS IN COMMON; (b) CAUSES OF ACTION RELATED TO OR DEPENDENT UPON SPOUSAL STATUS, INCLUDING AN ACTION BASED ON WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF CONSORTIUM, DRAMSHOP LAWS, OR OTHER TORTS OR ACTIONS UNDER CONTRACTS RECITING, RELATED TO, OR DEPENDENT UPON SPOUSAL STATUS; (c) PROHIBITIONS AGAINST DISCRIMINATION BASED UPON SPOUSAL STATUS; (d) PROBATE LAW AND PROCEDURE, INCLUDING NONPROBATE TRANSFERS AND PRIORITY FOR APPOINTMENT AS A CONSERVATOR, GUARDIAN, OR PERSONAL REPRESENTATIVE; (e) WORKERS' COMPENSATION BENEFITS; (f) ADOPTION LAW AND PROCEDURE; (g) GROUP BENEFIT PLANS FOR STATE EMPLOYEES PURSUANT TO PART 6 OF ARTICLE 50 OF TITLE 24, C.R.S.; (h) THE RIGHT TO DESIGNATE A PARTY TO A CIVIL UNION AS A BENEFICIARY UNDER THE STATE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; (i) SURVIVOR BENEFITS UNDER LOCAL GOVERNMENT FIREFIGHTER AND POLICE PENSIONS; (j) DOMESTIC ABUSE PROGRAMS PURSUANT TO ARTICLE 7.5 OF TITLE 26,C.R.S., EMERGENCY PROTECTION ORDERS PURSUANT TO SECTION , C.R.S., AND THE RIGHT TO RECEIVE THE PROTECTIONS AND PROGRAMS SPECIFIED IN PART 8 OF ARTICLE 6 OF TITLE 18, C.R.S.; (k) RIGHTS TO APPLY FOR COMPENSATION AS A RELATIVE OF A VICTIM UNDER THE "COLORADO CRIME VICTIM COMPENSATION ACT", PURSUANT TO PART 1 OF ARTICLE 4.1 OF TITLE 24, C.R.S., RIGHTS TO RECEIVE RESTITUTION UNDER PART 2 OF ARTICLE 4.1 OF TITLE 24,C.R.S., AND THE RIGHT TO BE INFORMED OF CRITICAL STAGES OF THE CRIMINAL JUSTICE PROCESS AND TO BE ACCORDED THE RIGHTS AND PROTECTIONS OF VICTIMS OF AND WITNESSES TO CRIMES UNDER PARTS 2 AND 3 OF ARTICLE 4.1 OF TITLE 24, C.R.S.; (l) LAWS, POLICIES, OR PROCEDURES RELATING TO EMERGENCY AND NONEMERGENCY MEDICAL CARE AND TREATMENT AND HOSPITAL VISITATION AND NOTIFICATION, INCLUDING THE RIGHTS OF NURSING HOME PATIENTS DESCRIBED IN SECTION , C.R.S.; (m) LAWS OR RULES REGARDING THE RIGHT TO VISIT A PARTNER WHO IS IN A CORRECTIONAL FACILITY, AS DEFINED

10 IN SECTION (1.7),C.R.S., A LOCAL JAIL, AS DEFINED IN SECTION (7),C.R.S., OR A PRIVATE CONTRACT PRISON, AS DEFINED IN SECTION (7.3), C.R.S., OR WHO IS RECEIVING TREATMENT IN A PUBLIC HOSPITAL OR A LICENSED PRIVATE HOSPITAL, CLINIC, COMMUNITY MENTAL HEALTH CENTER OR CLINIC, OR ACUTE TREATMENT UNIT OR INSTITUTION THAT PROVIDES TREATMENT FOR A PERSON WITH A MENTAL ILLNESS; (n) LAWS RELATING TO: (I) DECLARATIONS CONCERNING THE ADMINISTRATION, WITHHOLDING, OR WITHDRAWING OF MEDICAL TREATMENT, WHICH DECLARATIONS ARE MADE PURSUANT TO THE PROVISIONS OF THE "COLORADO MEDICAL TREATMENT DECISION ACT", ARTICLE 18 OF TITLE 15, C.R.S.; (II) PROXY DECISION-MAKERS FOR MEDICAL TREATMENT AND SURROGATE DECISION-MAKERS FOR HEALTH CARE BENEFIT DECISIONS, AS DESCRIBED IN ARTICLE 18.5 OF TITLE 15, C.R.S.; (III) DIRECTIVES RELATING TO CARDIOPULMONARY RESUSCITATION, AS DESCRIBED IN ARTICLE 18.6 OF TITLE 15,C.R.S.; AND (IV) DIRECTIVES CONCERNING MEDICAL ORDERS FOR SCOPE OF TREATMENT FORMS, AS DESCRIBED IN ARTICLE 18.7 OF TITLE 15, C.R.S.; (o) RIGHTS CONCERNING DIRECTION OF THE DISPOSITION OF THE LAST REMAINS OF A DECEASED PARTY TO A CIVIL UNION PURSUANT TO ARTICLE 19 OF TITLE 15, C.R.S.; (p) LAWS RELATING TO MAKING, REVOKING, AND OBJECTING TO ANATOMICAL GIFTS BY OTHERS PURSUANT TO THE "REVISED UNIFORM ANATOMICAL GIFT ACT", PART 1 OF ARTICLE 34 OF TITLE 12, C.R.S.; (q) FAMILY LEAVE BENEFITS; (r) PUBLIC ASSISTANCE BENEFITS PURSUANT TO STATE LAW; (s) LAWS RELATING TO IMMUNITY FROM COMPELLED TESTIMONY AND EVIDENTIARY PRIVILEGES PURSUANT TO SECTION ,C.R.S.; (t) THE RIGHT TO APPLY FOR EMERGENCY OR INVOLUNTARY COMMITMENT OF A PARTY TO A CIVIL UNION; (u) THE HOMESTEAD RIGHTS OF A SURVIVING SPOUSE PURSUANT TO PART 2 OF ARTICLE 41 OF TITLE 38, C.R.S.; (v) THE ABILITY TO PROTECT EXEMPT PROPERTY FROM ATTACHMENT, EXECUTION, OR GARNISHMENT; (w) INSURANCE POLICIES FOR LIFE INSURANCE, INCLUDING THE ABILITY TO COVER A PARTY TO A CIVIL UNION AS A DEPENDENT; AND (x) (I) INSURANCE COVERAGE PROVIDED BY A HEALTH COVERAGE PLAN, INCLUDING THE ABILITY TO COVER A PARTY TO A CIVIL UNION AS A DEPENDENT. (II) THIS PARAGRAPH (x) IS EFFECTIVE FOR PLANS ISSUED, DELIVERED, OR RENEWED ON OR AFTER JANUARY 1, (6) THE RESPONSIBILITIES AND RIGHTS OF PARTIES TO A CIVIL UNION WITH RESPECT TO THE BIOLOGICAL CHILD OF ONE OF THE PARTIES, WHICH CHILD IS CONCEIVED DURING THE TERM OF THE CIVIL UNION, ARE DETERMINED AS IF THE PARTIES WERE SPOUSES SUBJECT TO THE PROVISIONS OF SECTION ,C.R.S.A PARTY TO A CIVIL UNION HAS THE RIGHT TO ADOPT THROUGH THE SAME PROCESS OUTLINED FOR A STEPPARENT ADOPTION IN ACCORDANCE WITH SECTION ,C.R.S., IF THE CHILD OF THE OTHER PARTY TO THE CIVIL UNION IS OTHERWISE AVAILABLE FOR ADOPTION PURSUANT TO SECTION (1) (d), C.R.S. P P-5-38 The state is considered to be a single employer under the Family and Medical Leave Act (FMLA) so the following provisions apply to all employees in the state personnel system. This section fulfills part of the notice requirements under the FMLA. FMLA is granted to eligible employees for: (1) birth and care of a child and must be completed within one year of the birth; (2) placement and care of an adopted or foster child and must be completed within one year of the placement; (3) the serious health condition of an employee's parent, child, or spouse for physical care or psychological comfort; or, (4) an employee's own serious health condition. Definitions of a serious health condition and health care provider are in the "Definitions" chapter. (5) When a child, parent, or spouse experiences a qualifying exigency directly related to being called to or on active duty for a contingency operation during a declared war. (6) Care for a child, parent, spouse, or next of kin (nearest blood relative) who suffers a serious injury or illness in the line of duty while on active duty in support of a contingency operation. To be

11 eligible, an employee must have one year of total state service as of the date leave will begin. Such service is time on the payroll, regardless of employee type, and need not be consecutive time. If temporary, the employee must also have worked 1250 hours within the 12 months prior to the date leave will begin. Time worked includes overtime hours and paid leave (excludes any type of unpaid leave). If the employee has worked full time, up to 520 hours per fiscal year will be granted. If part time, the amount of leave is prorated based on the regular appointment or schedule. If a part-time employee works an irregular, variable schedule, the amount of leave is prorated based on the average number of hours worked in the 12 weeks prior to the beginning of the leave (rounded to the nearest 1/100 of a hour). Any extension of leave beyond the amount entitled to is not FML and is subject to other provisions in these chapters. Requiring an employee to use more FML than needed is not permitted. (2/1/01) In the case of a serious health condition and when medically necessary, FML can be used on an intermittent basis or with a reduced work schedule. Requests for intermittent leave or a reduced schedule in other circumstances may be granted at the sole discretion of the appointing authority. To accommodate such requests, the appointing authority may temporarily transfer the employee to another position. No temporary reduction in schedule is allowed until all paid personal leave is exhausted. All other types of leave run concurrently with FML and do not extend the time the employee is entitled to. The employee must use all accrued personal leave subject to the conditions for use of such leave before being placed on unpaid leave for the remainder of FML, except for workers' compensation and compensatory time. Compensatory time is not leave and is not counted against the employee's FML entitlement. In the case of workers' compensation, the employee must comply with the requirements of that plan and, although the department must make a timely designation, time is not counted against the employee's FML entitlement as long as the employee is using paid leave to make base pay whole. In addition, an employee cannot be required to accept a temporary "modified duty" assignment even though workers' compensation benefits may be affected. (7/1/02) Leave-without-pay provisions apply to any unpaid FML except the state continues to pay its portion of insurance premiums. An employee's condition that also qualifies for short-term disability benefits must comply with the requirements of that plan. Employer Requirements. It is the appointing authority's responsibility to designate and notify the employee whether requested leave qualifies as FML based on the information provided by the employee, regardless of the employee's desires. Family/medical leave cannot be waived. The appointing authority is expected to obtain the necessary information to make the proper designation. Such designation must be made within two business days, absent extenuating circumstances, after the appointing authority is aware of the reason for the leave. The appointing authority must notify the employee in writing of the employee's rights and responsibilities under FML. This notice requirement is met with the State of Colorado Employer Notification form (or equivalent). A copy of this notice must be maintained in the proper official file. The appointing authority may provide a verbal designation but it must be confirmed in writing, with the notice within one week. FML may be approved conditionally pending receipt of required documentation, e.g., medical certificate, proof of familial relationship. Documentation of any dispute over the designation must be placed in the proper official file. A. If the appointing authority is aware of the reason for leave, either before or during the leave, and fails to designate it as FML in a timely manner, any leave used prior to the notice cannot be designated as FML. The employee receives all of the protections of FML, but the absence preceding the designation may not be counted against the FML entitlement. B. FML cannot be designated retroactively once the employee returns to work unless: (1) the appointing authority was not aware of the reason for the leave until the employee returned; or, (2) the leave was conditionally designated as FML pending receipt of certification. Upon receipt of the information, the appointing authority must designate and notify the employee in a timely manner whether the leave qualifies as FML, including confirming or withdrawing a conditional designation. Employee Requirements. The employee is to provide 30 days advance written notice, or as soon as it is practical, of the need for leave. "As soon as practical" means within two business days, if feasible, after the employee requests the leave and it may be verbal followed by written confirmation. Failure to provide timely notice when the need for leave is foreseeable, and there is no reasonable excuse, may delay the start of FML for up to 30 days

12 after notice is received as long as it is designated as FML in a timely manner. Advance notice is not required in the case of a medical emergency. In such a case, notice may be given by any means and by an adult family member or other responsible party if the employee is unable to do so personally. The employee shall consult with the appointing authority to: establish a mutually satisfactory schedule for intermittent treatments and a periodic check-in schedule; report a change in circumstances; make return to work arrangements, etc. The employee is required to provide proper medical certification, including additional medical certificates and fitness-toreturn certificates as prescribed under sick leave. Failure to provide certification in a timely manner may result in a delay of starting or continuing FML. If the required documents are never provided, the leave is not FML and the employee is covered by the other provisions of this chapter. Benefits coverage continues during FML. If the employee is on paid FML, premiums will be paid through normal payroll deduction. If the FML is unpaid, the employee must pay the employee share of premiums as prescribed by benefits and payroll procedures. Upon return to work, the employee is restored to the same, or an equivalent, position, including the same pay, benefits, location, work schedule, and other working conditions. If the employee is no longer qualified to perform the job (e.g., unable to renew an expired license), the employee must be given an opportunity to fulfill the requirement. If the employee is no longer able to perform the essential functions of the job due to a continuing or new serious health condition, the employee does not have restoration rights under FML and the appointing authority may use P-5-10 subject to any applicable ADA provisions. The employee does not have restoration rights if the employment would not have otherwise continued had the FML leave not been taken, e.g., discharge due to performance, layoff, or the end of the appointment. (2/1/01) P FML does not prohibit adverse action that would have otherwise occurred had the leave not been taken. (1/1/00). The use of FML cannot be considered in evaluating performance. If the performance plan includes an attendance factor, any time the employee was on FML cannot be considered. Federal law requires that specified records be kept for all employees taking FML. These records must be kept for three years. Any medical information must be maintained in a separate confidential medical file in accordance with ADA requirements and Chapter 1. Connecticut [Note: Colorado regulations for FMLA apply only to state employees.] 31-51kk oo (1) "Eligible employee" means an employee who has been employed (A) for at least twelve months by the employer with respect to whom leave is requested; and (B) for at least one thousand hours of service with such employer during the twelve-month period preceding the first day of the leave; (2) "Employ" includes to allow or permit to work; (3) "Employee" means any person engaged in service to an employer in the business of the employer; (4) "Employer" means a person engaged in any activity, enterprise or business who employs seventy-five or more employees, and includes any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer and any successor in interest of an employer, but shall not include the state, a municipality, a local or regional board of education, or a private or parochial elementary or secondary school. The number of employees of an employer shall be determined on October first annually; (5) "Employment benefits" means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits and pensions, regardless of whether such benefits are provided by practice or written policy of an employer or through an "employee benefit plan", as defined in Section 1002(3) of Title 29 of the United States Code; (6) "Health care provider" means (A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; (B) a podiatrist, dentist, psychologist, optometrist or chiropractor authorized to practice by the state in which such person practices and performs within the scope of the authorized practice; (C) an advanced practice registered nurse, nurse practitioner, nurse midwife or clinical social worker authorized to practice by the state in which such person practices and performs within the scope of the authorized practice; (D) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; (E) any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for

13 benefits; (F) a health care provider as defined in subparagraphs (A) to (E), inclusive, of this subdivision who practices in a country other than the United States, who is licensed to practice in accordance with the laws and regulations of that country; or (G) such other health care provider as the Labor Commissioner determines, performing within the scope of the authorized practice. The commissioner may utilize any determinations made pursuant to chapter 568. (7) "Parent" means a biological parent, foster parent, adoptive parent, stepparent or legal guardian of an eligible employee or an eligible employee's spouse, or an individual who stood in loco parentis to an employee when the employee was a son or daughter; (8) "Person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives or organized groups of persons; (9) "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee; (10) "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves (A) inpatient care in a hospital, hospice, nursing home or residential medical care facility; or (B) continuing treatment, including outpatient treatment, by a health care provider; (11) "Son or daughter" means a biological, adopted or foster child, stepchild, legal ward, or child of a person standing in loco parentis, who is (A) under eighteen years of age; or (B) eighteen years of age or older and incapable of self-care because of a mental or physical disability; and (12) "Spouse" means a husband or wife, as the case may be. (a) Subject to section 31-51mm, an eligible employee shall be entitled to a total of sixteen workweeks of leave during any twentyfour-month period, such twenty-four-month period to begin with the first day of leave taken, for one or more of the following: (1) Upon the birth of a son or daughter of the employee; (2) Upon the placement of a son or daughter with the employee for adoption or foster care; (3) In order to care for the spouse, or a son, daughter or parent of the employee, if such spouse, son, daughter or parent has a serious health condition; or (4) Because of a serious health condition of the employee. (b) Entitlement to leave under subdivision (1) or (2) of subsection (a) of this section may accrue prior to the birth or placement of a son or daughter when such leave is required because of such impending birth or placement. (c) (1) Leave under subdivision (1) or (2) of subsection (a) of this section for the birth or placement of a son or daughter may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer agree otherwise. Subject to subdivision (2) of this subsection concerning an alternative position, subdivision (2) of subsection (f) of this section concerning the duties of the employee and subdivision (5) of subsection (b) of section 31-51mm concerning sufficient certification, leave under subdivision (3) or (4) of subsection (a) of this section for a serious health condition may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this subsection shall not result in a reduction of the total amount of leave to which the employee is entitled under subsection (a) of this section beyond the amount of leave actually taken. (2) If an employee requests intermittent leave or leave on a reduced leave schedule under subdivision (3) or (4) of subsection (a) of this section that is foreseeable based on planned medical treatment, the employer may require the employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that (A) has equivalent pay and benefits and (B) better accommodates recurring periods of leave than the regular employment position of the employee, provided the exercise of this authority shall not conflict with any provision of a collective bargaining agreement between such employer and a labor organization which is the collective bargaining representative of the unit of which the employee is a part. (d) Except as provided in subsection (e) of this section, leave granted under subsection (a) of this section may consist of unpaid leave. (e) (1) If an employer provides paid leave for fewer than sixteen workweeks, the additional weeks of leave necessary to attain the sixteen workweeks of leave required under sections 5-248a and 31-51kk to 31-51qq, inclusive, may be provided without compensation. (2) (A) An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave or family leave of the employee for leave provided under subdivision (1), (2) or (3) of subsection (a) of this section for any part of this sixteen-week period of such leave under said subsection. (B) An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided

14 under subdivision (3) or (4) of subsection (a) of this section for any part of the sixteen-week period of such leave under said subsection, except that nothing in section 5-248a or 31-51kk to 31-51qq, inclusive, shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. (f) (1) In any case in which the necessity for leave under subdivision (1) or (2) of subsection (a) of this section is foreseeable based on an expected birth or placement of a son or daughter, the employee shall provide the employer with not less than thirty days' notice, before the date of the leave is to begin, of the employee's intention to take leave under said subdivision (1) or (2), except that if the date of the birth or placement of a son or daughter requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable. (2) In any case in which the necessity for leave under subdivision (3) or (4) of subsection (a) of this section is foreseeable based on planned medical treatment, the employee (A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse or parent of the employee, as appropriate; and (B) shall provide the employer with not less than thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave under said subdivision (3) or (4), except that if the date of the treatment requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable. (g) In any case in which a husband and wife entitled to leave under subsection (a) of this section are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to sixteen workweeks during any twentyfour-month period, if such leave is taken: (1) Under subdivision (1) or (2) of subsection (a) of this section; or (2) to care for a sick parent under subdivision (3) of said subsection. (h) Unpaid leave taken pursuant to sections 5-248a and 31-51kk to 31-51qq, inclusive, shall not be construed to affect an employee's qualification for exemption under chapter 558. (i) Notwithstanding the provisions of sections 5-248a and 31-51kk to 31-51qq, inclusive, all further rights granted by federal law shall remain in effect. Family and medical leave: Certification. (a) An employer may require that request for leave based on a serious health condition in subdivision (3) or (4) of subsection (a) of section 31-51ll be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse or parent of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer. (b) Certification provided under subsection (a) of this section shall be sufficient if it states: (1) The date on which the serious health condition commenced; (2) The probable duration of the condition; (3) The appropriate medical facts within the knowledge of the health care provider regarding the condition; (4) (A) For purposes of leave under subdivision (3) of subsection (a) of section 31-51ll, a statement that the eligible employee is needed to care for the son, daughter, spouse or parent and an estimate of the amount of time that such employee needs to care for the son, daughter, spouse or parent; and (B) for purposes of leave under subdivision (4) of subsection (a) of section 31-51ll, a statement that the employee is unable to perform the functions of the position of the employee; (5) In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment; (6) In the case of certification for intermittent leave or leave on a reduced leave schedule under subdivision (4) of subsection (a) of section 31-51ll, a statement of the medical necessity of the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and (7) In the case of certification for intermittent leave or leave on a reduced leave schedule under subdivision (3) of subsection (a) of section 31-51ll, a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the son, daughter, parent or spouse who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule. (c) (1) In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) of this section for leave under subdivision (3) or (4) of subsection (a) of section 31-51ll, the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under

15 subsection (b) of this section for such leave. (2) A health care provider designated or approved under subdivision (1) of this subsection shall not be employed on a regular basis by the employer. (d) (1) In any case in which the second opinion described in subsection (c) of this section differs from the opinion in the original certification provided under subsection (a) of this section, the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b) of this section. (2) The opinion of the third health care provider concerning the information certified under subsection (b) of this section shall be considered to be final and shall be binding on the employer and the employee. (e) The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis, provided the standards for determining what constitutes a reasonable basis for recertification may be governed by a collective bargaining agreement between such employer and a labor organization which is the collective bargaining representative of the unit of which the worker is a part if such a collective bargaining agreement is in effect. Unless otherwise required by the employee's health care provider, the employer may not require recertification more than once during a thirty-day period and, in any case, may not unreasonably require recertification. The employer shall pay for any recertification that is not covered by the employee's health insurance. (a) Any eligible employee who takes leave under section 31-51ll for the intended purpose of the leave shall be entitled on return from such leave (1) to be restored by the employer to the position of employment held by the employee when the leave commenced; (2) if the original position of employment is not available, to be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment; or (3) in the case of a medical leave, if the employee is medically unable to perform the employee's original job upon the expiration of such leave, to be transferred to work suitable to such employee's physical condition if such work is available. (b) The taking of leave under section 31-51ll shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. (c) Nothing in this section shall be construed to entitle any restored employee to (1) the accrual of any seniority or employment benefits during any period of leave; or (2) any right, benefit or position of employment other than any right, benefit or position to which the employee would have been entitled had the employee not taken the leave. (d) As a condition of restoration under subsection (a) of this section for an employee who has taken leave under subdivision (4) of subsection (a) of section 31-51ll, the employer may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work, except that nothing in this subsection shall supersede a valid law of this state or a collective bargaining agreement that governs the return to work of such employees. (e) Nothing in this section shall be construed to prohibit an employer from requiring an employee on leave under section 31-51ll to report periodically to the employer on the status and intention of the employee to return to work. (f) Employees may have additional rights under other state and federal law, including rights under the federal Americans with Disabilities Act of Nothing in sections 5-248a and 31-51kk to 31-51qq, inclusive, shall limit any such additional rights. Section does not expressly obligate employer to accommodate employee's work-at-home requests or to refrain from taking adverse action against employee who persists in efforts to secure such arrangement. 249 C Records and documents relating to medical certifications, recertifications or medical histories of employees or employees' family members, created for purposes of sections 5-248a and 31-51kk to 31-51qq, inclusive, shall be maintained as medical records pursuant to chapter 563a, except that: (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations; (2) first aid and safety personnel may be informed, when appropriate, if the employee's physical or medical condition might require emergency treatment; and (3) government officials investigating compliance with sections 5-248a and 31-51kk to 31-51qq, inclusive, or other pertinent law shall be provided relevant information upon request. (a) (1) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, inclusive, for any employer to interfere with, restrain or deny the exercise of, or the attempt to exercise, any right provided under said sections. (2) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, inclusive, for any employer to discharge or cause to be

16 discharged, or in any other manner discriminate, against any individual for opposing any practice made unlawful by said sections or because such employee has exercised the rights afforded to such employee under said sections. (b) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, inclusive, for any person to discharge or cause to be discharged, or in any other manner discriminate, against any individual because such individual: (1) Has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to sections 5-248a and 31-51kk to 31-51qq, inclusive; (2) Has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under said sections; or (3) Has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under said sections a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006): (a) For purposes of this section, "child" means a biological, adopted or foster child, stepchild, child of whom a person has legal guardianship or custody, or, in the alternative, a child of a person standing in loco parentis, who is (1) under eighteen years of age, or (2) eighteen years of age or older and incapable of self-care because of a mental or physical disability. Each permanent employee, as defined in subdivision (21) (20) of section 5-196, shall be entitled to the following: (1) A maximum of twenty-four weeks of family leave of absence within any two-year period; a family leave of absence upon the birth or adoption of a child of such employee, or upon the serious illness of a child, spouse or parent of such employee; and (2) a maximum of twenty-four weeks of medical leave of absence within any two-year period; a medical leave of absence upon the serious illness of such employee or in order for such employee to serve as an organ or bone marrow donor. The total amount of time that an employee is entitled to for leaves of absence pursuant to this section shall be twenty-four weeks within any two-year period. Any such leave of absence shall be without pay. Upon the expiration of any such leave of absence, the employee shall be entitled (A) to return to the employee's original job from which the leave of absence was provided or, if not available, to an equivalent position with equivalent pay, except that in the case of a medical leave, if the employee is medically unable to perform the employee's original job upon the expiration of such leave, the Personnel Division of the Department of Administrative Services shall endeavor to find other suitable work for such employee in state service, and (B) to all accumulated seniority, retirement, fringe benefit and other service credits the employee had at the commencement of such leave. Such service credits shall not accrue during the period of the leave of absence. Public Act No AN ACT MANDATING EMPLOYERS PROVIDE PAID SICK LEAVE TO EMPLOYEES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (Effective January 1, 2012) As used in this section and sections 2 to 6, inclusive, of this act: (1) "Child" means a biological, adopted or foster child, stepchild, legal ward of a service worker, or a child of a service worker standing in loco parentis, who is (A) under eighteen years of age; or (B) eighteen years of age or older and incapable of self-care because of a mental or physical disability; (2) "Day or temporary worker" means an individual who performs work for another on (A) a per diem basis, or (B) an occasional or irregular basis for only the time required to complete such work, whether such individual is paid by the person for whom such work is performed or by an employment agency or temporary help service, as defined in section of the general statutes; (3) "Employee" means an individual engaged in service to an employer in the business of the employer; (4) "Employer" means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company or other entity that employs fifty or more individuals in the state in any one quarter in the previous year, which shall be determined on January first, annually. Such determination shall be made based upon the wage information submitted to the Labor Commissioner by the employer pursuant to subsection (j) of section a of the general statutes. "Employer" does not include: (A) Any business establishment classified in sector 31, 32 or 33 in the North American Industrial Classification System, or (B) any nationally chartered organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time

17 to time amended, that provides all of the following services: Recreation, child care and education; (5) "Family violence" has the same meaning as provided in section 46b-38a of the general statutes; (6) "Retaliatory personnel action" means any termination, suspension, constructive discharge, demotion, unfavorable reassignment, refusal to promote, disciplinary action or other adverse employment action taken by an employer against an employee or a service worker; (7) "Service worker" means an employee primarily engaged in an occupation with one of the following broad or detailed occupation code numbers and titles, as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system or any successor system: (A) Food Service Managers; (B) Medical and Health Services Managers; (C) Social Workers; (D) Social and Human Service Assistants; (E) Community Health Workers; (F) Community and Social Service Specialists, All Other; (G) Librarians; (H) Pharmacists; (I) Physician Assistants; (J) Therapists; (K) Registered Nurses; (L) Nurse Anesthetists; (M) Nurse Midwives; (N) Nurse Practitioners; (O) Dental Hygienists; (P) Emergency Medical Technicians and Paramedics; (Q) Health Practitioner Support Technologists and Technicians; (R) Licensed Practical and Licensed Vocational Nurses; (S) Home Health Aides; (T) Nursing Aides, Orderlies and Attendants; (U) Psychiatric Aides; (V) Dental Assistants; (W) Medical Assistants; (X) Security Guards; (Y) Crossing Guards; (Z) Supervisors of Food Preparation and Serving Workers; (AA) Cooks; (BB) Food Preparation Workers; (CC) Bartenders; (DD) Fast Food and Counter Workers; (EE) Waiters and Waitresses; (FF) Food Servers, Nonrestaurant; (GG) Dining Room and Cafeteria Attendants and Bartender Helpers; (HH) Dishwashers; (II) Hosts and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) Miscellaneous Food Preparation and Serving Related Workers; (KK) Janitors and Cleaners, Except Maids and Housekeeping Cleaners; (LL) Building Cleaning Workers, All Other; (MM) Ushers, Lobby Attendants and Ticket Takers; (NN) Barbers, Hairdressers, Hairstylists and Cosmetologists; (OO) Baggage Porters, Bellhops and Concierges; (PP) Child Care Workers; (QQ) Personal Care Aides; (RR) First-Line Supervisors of Sales Workers; (SS) Cashiers; (TT) Counter and Rental Clerks; (UU) Retail Salespersons; (VV) Tellers; (WW) Hotel, Motel and Resort Desk Clerks; (XX) Receptionists and Information Clerks; (YY) Couriers and Messengers; (ZZ) Secretaries and Administrative Assistants; (AAA) Computer Operators; (BBB) Data Entry and Information Processing Workers; (CCC) Desktop Publishers; (DDD) Insurance Claims and Policy Processing Clerks; (EEE) Mail Clerks and Mail Machine Operators, Except Postal Service; (FFF) Office Clerks, General; (GGG) Office Machine Operators, Except Computer; (HHH) Proofreaders and Copy Markers; (III) Statistical Assistants; (JJJ) Miscellaneous Office and Administrative Support Workers; (KKK) Bakers; (LLL) Butchers and Other Meat, Poultry and Fish Processing Workers; (MMM) Miscellaneous Food Processing Workers; (NNN) Ambulance Drivers and Attendants, Except Emergency Medical Technicians; (OOO) Bus Drivers; or (PPP) Taxi Drivers and Chauffeurs, and is (i) paid on an hourly basis, or (ii) not exempt from the minimum wage and overtime compensation requirements of the Fair Labor Standards Act of 1938 and the regulations promulgated thereunder, as amended from time to time. "Service worker" does not include day or temporary workers; (8) "Sexual assault" means any act that constitutes a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a of the general statutes; and (9) "Spouse" means a husband or wife, as the case may be. Sec. 2. (Effective January 1, 2012) (a) Each employer shall provide paid sick leave annually to each of such employer's service workers in the state. Such paid sick leave shall accrue (1) beginning January 1, 2012, or for a service worker hired after said date, beginning on the service worker's date of employment, (2) at a rate of one hour of paid sick leave for each forty hours worked by a service worker, and (3) in one-hour increments up to a maximum of forty hours per calendar year. Each service worker shall be entitled to carry over up to forty unused accrued hours of paid sick leave from the current calendar year to the following

18 calendar year, but no service worker shall be entitled to use more than the maximum number of accrued hours, as described in subdivision (3) of this subsection, in any year. (b) A service worker shall be entitled to the use of accrued paid sick leave upon the completion of the service worker's six-hundred-eightieth hour of employment from January 1, 2012, if the service worker was hired prior to January 1, 2012, or if hired after January 1, 2012, upon the completion of the service worker's six-hundred-eightieth hour of employment from the date of hire, unless the employer agrees to an earlier date. A service worker shall not be entitled to the use of accrued paid sick leave if such service worker did not work an average of ten or more hours a week for the employer in the most recent complete calendar quarter. (c) An employer shall be deemed to be in compliance with this section if the employer offers any other paid leave, or combination of other paid leave that (1) may be used for the purposes of section 3 of this act, and (2) is accrued in total at a rate equal to or greater than the rate described in subsections (a) and (b) of this section. For the purposes of this subsection, "other paid leave" may include, but not be limited to, paid vacation, personal days or paid time off. (d) Each employer shall pay each service worker for paid sick leave at a pay rate equal to the greater of either (1) the normal hourly wage for that service worker, or (2) the minimum fair wage rate under section of the general statutes in effect for the pay period during which the employee used paid sick leave. For any service worker whose hourly wage varies depending on the work performed by the service worker, the "normal hourly wage" shall mean the average hourly wage of the service worker in the pay period prior to the one in which the service worker used paid sick leave. (e) Notwithstanding the provisions of this section and sections 3 to 6, inclusive, of this act and upon the mutual consent of the service worker and employer, a service worker who chooses to work additional hours or shifts during the same or following pay period, in lieu of hours or shifts missed, shall not use accrued paid sick leave. Sec. 3. (Effective January 1, 2012) (a) An employer shall permit a service worker to use the paid sick leave accrued pursuant to section 2 of this act: (1) For (A) a service worker's illness, injury or health condition, (B) the medical diagnosis, care or treatment of a service worker's mental illness or physical illness, injury or health condition, or (C) preventative medical care for a service worker; (2) For (A) a service worker's child's or spouse's illness, injury or health condition, (B) the medical diagnosis, care or treatment of a service worker's child's or spouse's mental or physical illness, injury or health condition, or (C) preventative medical care for a child or spouse of a service worker; and (3) Where a service worker is a victim of family violence or sexual assault (A) for medical care or psychological or other counseling for physical or psychological injury or disability, (B) to obtain services from a victim services organization, (C) to relocate due to such family violence or sexual assault, or (D) to participate in any civil or criminal proceedings related to or resulting from such family violence or sexual assault. (b) If a service worker's need to use paid sick leave is foreseeable, an employer may require advance notice, not to exceed seven days prior to the date such leave is to begin, of the intention to use such leave. If a service worker's need for such leave is not foreseeable, an employer may require a service worker to give notice of such intention as soon as practicable. For paid sick leave of three or more consecutive days, an employer may require reasonable documentation that such leave is being taken for the purpose permitted under subsection (a) of this section. If such leave is permitted under subdivision (1) or (2) of subsection (a) of this section, documentation signed by a health care provider who is treating the service worker or the service worker's child or spouse indicating the need for the number of days of such leave shall be considered reasonable documentation. If such leave is permitted under subdivision (3) of subsection (a) of this section, a court record or documentation signed by a service worker or volunteer working for a victim services organization, an attorney, a police officer or other counselor involved with the service worker shall be considered reasonable documentation. (c) Nothing in sections 2 to 6, inclusive, of this act shall be deemed to require any employer to provide paid sick leave for a service worker's leave for any purpose other than those described in this section. (d) Unless an employee policy or collective bargaining agreement provides for the payment of accrued fringe benefits upon termination, no service worker shall be entitled to payment of unused accrued sick leave under this section upon termination of employment. (e) Nothing in sections 2 to 6, inclusive, of this act shall be construed to prohibit an employer from taking disciplinary action against a service worker who

19 uses paid sick leave provided under sections 2 to 6, inclusive, of this act for purposes other than those described in this section. Sec. 4. (Effective January 1, 2012) (a) Nothing in sections 2 to 6, inclusive, of this act shall be construed to (1) prevent employers from providing more paid sick leave than is required under sections 2 to 6, inclusive, of this act, (2) diminish any rights provided to any employee or service worker under a collective bargaining agreement, or (3) preempt or override the terms of any collective bargaining agreement effective prior to January 1, (b) Nothing in sections 2 to 6, inclusive, of this act shall be construed to prohibit an employer (1) from establishing a policy whereby a service worker may donate unused accrued paid sick leave to another service worker, and (2) who provides more paid sick leave than is required under sections 2 to 6, inclusive, of this act for the purposes described in subdivision (1) of subsection (a) of section 3 of this act from limiting the amount of such leave a service worker may use for other purposes. (c) Any termination of a service worker's employment by an employer, whether voluntary or involuntary, shall be construed as a break in service. Should any service worker subsequently be rehired by the employer following a break in service, the service worker shall (1) begin to accrue sick leave in accordance with section 2 of this act, and (2) shall not be entitled to any unused hours of paid sick leave that had been accrued prior to the service worker's break in service unless agreed to by the employer. Sec. 5. (Effective January 1, 2012) (a) No employer shall take retaliatory personnel action or discriminate against an employee because the employee (1) requests or uses paid sick leave either in accordance with sections 2 and 3 of this act or in accordance with the employer's own paid sick leave policy, as the case may be, or (2) files a complaint with the Labor Commissioner alleging the employer's violation of sections 2 to 6, inclusive, of this act. (b) The Labor Commissioner shall advise any employee who (1) is covered by a collective bargaining agreement that provides for paid sick days, and (2) files a complaint pursuant to subsection (a) of this section, of his or her right to pursue a grievance with his or her collective bargaining agent. (c) Any employee aggrieved by a violation of the provisions of sections 2 to 6, inclusive, of this act may file a complaint with the Labor Commissioner. Upon receipt of any such complaint, said commissioner may hold a hearing. After the hearing, any employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated the provisions of subsection (a) of this section shall be liable to the Labor Department for a civil penalty of five hundred dollars for each violation. Any employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated the provisions of sections 2 to 4, inclusive, or section 6 of this act shall be liable to the Labor Department for a civil penalty of up to one hundred dollars for each violation. The Labor Commissioner may award the employee all appropriate relief, including the payment for used paid sick leave, rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if the employee had not been subject to such retaliatory personnel action or discriminated against. Any party aggrieved by the decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54 of the general statutes. (d) The Labor Commissioner shall administer this section within available appropriations. Sec. 6. (Effective January 1, 2012) Each employer subject to the provisions of section 2 of this act shall, at the time of hiring, provide notice to each service worker (1) of the entitlement to sick leave for service workers, the amount of sick leave provided to service workers and the terms under which sick leave may be used, (2) that retaliation by the employer against the service worker for requesting or using sick leave for which the service worker is eligible is prohibited, and (3) that the service worker has a right to file a complaint with the Labor Commissioner for any violation of this section and of sections 2 to 5, inclusive, of this act. Employers may comply with the provisions of this section by displaying a poster in a conspicuous place, accessible to service workers, at the employer's place of business that contains the information required by this section in both English and Spanish. The Labor Commissioner may adopt regulations, in accordance with chapter 54 of the general statutes, to establish additional requirements concerning the means by which employers shall provide such

20 Delaware notice. The Labor Commissioner shall administer this section within available appropriations (a) Any employee of the State who has been continuously employed on a full-time basis for at least 1 year at the time of application for leave under this section is entitled to 6 weeks unpaid leave upon the adoption of a minor child. Said employee shall be entitled to be reinstated in the position held at the time of the granting of the leave of absence. Neither vacation leave nor sick leave shall be accumulated during such leave of absence without pay under this section. (b) Any employee of the State who has been continuously employed on a full-time basis for at least 1 year at the time of application for leave under this section shall be entitled to utilize accumulated sick leave to travel out of the United States for the purpose of adopting a child from a foreign country. Before leave shall be granted the employee must provide documentation that they have applied for the adoption and that the travel is required for the adoption to be approved. Once the adoption has been approved the employee's leave will be pursuant to the Family and Medical Leave Act, 29 U.S.C et seq.. Said employee shall be entitled to be reinstated in the position held at the time of the granting of the leave of absence. Neither vacation nor sick leave shall be accumulated during such leave of absence, either with or without pay, under this subsection. (c) The State Personnel Commission is empowered to adopt appropriate rules and regulations to implement this section For child care purposes, a full-time or part-time state employee shall be entitled to utilize accumulated sick leave upon the birth of a child of the employee or the employee's spouse, or upon the adoption by the employee of a pre-kindergarten age child as per the rules and regulations adopted by the Merit Employee Relations Board or State Personnel Office for maternity leave. Said regulations shall be issued within 30 days of July 16, District of Columbia [Note: Delaware provisions regarding family-related leave apply only to state employees.] For purposes of this chapter, the term: (1) "Employee" means any individual who has been employed by the same employer for 1 year without a break in service except for regular holiday, sick, or personal leave granted by the employer and has worked at least 1000 hours during the 12-month period immediately preceding the request for family or medical leave. (2) "Employer" means any individual, firm, association, or corporation, any receiver or trustee of any individual firm, association, or corporation, or the legal representative of a deceased employer, including the District of Columbia ("District") government, who uses the services of another individual for pay in the District. (3) "Employment benefit" means any benefit, other than salary or wages, provided or made available to an employee by an employer, including, but not limited to, group life, health, and disability insurance, sick and annual leave, and educational and pension benefits, regardless of whether the benefit is provided by a policy or practice of an employer or by an employee welfare benefit plan as defined in title 1, subtitle A, section 3(3) of the Employee Retirement Income Security Act of 1974, effective September 2, 1974 (88 Stat. 833; 29 U.S.C. 1002(1)). (4) "Family member" means: (A) A person to whom the employee is related by blood, legal custody, or marriage; (B) A child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility; or (C) A person with whom the employee shares or has shared, within the last year, a mutual residence and with whom the employee maintains a committed relationship. (5) "Health care provider" means any person licensed under federal, state, or District law to provide health care services. (6) "Public safety agency" means the Metropolitan Police Department of the District of Columbia, the Fire Department of the District of Columbia, or the Department of Corrections. (7) "Mayor" means Mayor of the District of Columbia. (8) "Reduced leave schedule" means leave scheduled for a fewer number of hours than an employee usually works during each workweek or workday. (9) "Serious health condition" means a physical or mental illness, injury, or impairment that involves: (A) Inpatient care in a hospital, hospice, or residential health care facility; or (B) Continuing treatment or supervision at home by a health care provider or other competent individual. (10) "Local educational agency" shall have the same meaning as the term has in section 1471(12) of the Elementary and Secondary Education Act of 1965, approved April 28, 1988 (102 Stat. 201; 20 U.S.C. 2891(12)).(a)

21 (a) An employee shall be entitled to a total of 16 workweeks of family leave during any 24-month period for: (1) The birth of a child of the employee; (2) The placement of a child with the employee for adoption or foster care; (3) The placement of a child with the employee for whom the employee permanently assumes and discharges parental responsibility; or (4) The care of a family member of the employee who has a serious health condition. (b) The entitlement to family leave under subsection (a)(1) through (3) of this section shall expire 12 months after the birth of the child or placement of the child with the employee. (c) Subject to the requirements of subsection (h) of this section, in the case of a family member who has a serious health condition, the family leave may be taken intermittently when medically necessary. (d) Upon agreement between the employer and the employee, family leave may be taken on a reduced leave schedule, during which the 16 workweeks of family leave may be taken over a period not to exceed 24 consecutive workweeks. (e)(1) Except as provided in paragraphs (2) and (3) of this subsection, family leave may consist of unpaid leave. (2) Any paid family, vacation, personal, or compensatory leave provided by an employer that the employee elects to use for family leave shall count against the 16 workweeks of allowable family leave provided in this chapter. (3) If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions, and the conditions have been met, the employee may use the paid leave as family leave and the leave shall count against the 16 workweeks of family leave provided in this chapter. (4) Nothing in this section shall require an employer to provide paid family leave. (f) If the necessity for leave under this section is foreseeable based on an expected birth or placement of a child with an employee, the employee shall provide the employer with reasonable prior notice of the expected birth or placement of a child with the employee. (g) If the necessity for family leave under this section is foreseeable based on planned medical treatment or supervision, an employee shall: (1) Provide the employer with reasonable prior notice of the medical treatment or supervision; and (2) Make a reasonable effort to schedule the medical treatment or supervision, subject to the approval of the health care provider of the employee or family member, in a manner that does not disrupt unduly the operations of the employer. (h)(1) If 2 family members are employees of the same employer: (A) The employer may limit to 16 workweeks during a 24-month period the aggregate number of family leave workweeks to which the family members are entitled; and (B) The employer may limit to 4 workweeks during a 24- month period the aggregate number of family leave workweeks to which the family members are entitled to take simultaneously. (2) For the purposes of this subsection, the term "same employer" includes an office, division, subdivision, or other organizational section of an employer in which both employees have the same or interrelated duties and the absence of both employees would disrupt unduly the conduct of the employer's business. (i)(1) Information that an employee gives to an employer regarding a family relationship, pursuant to which the employee seeks to take family leave under this section, shall be used only to make a decision in regard to the provisions of this chapter. An employer shall keep any information regarding the family relationship confidential. (2) Any employer who willfully violates this subsection shall be assessed a civil penalty of $1,000 for each offense (a) Subject to the provisions of , any employee who becomes unable to perform the functions of the employee's position because of a serious health condition shall be entitled to medical leave for as long as the employee is unable to perform the functions, except that the medical leave shall not exceed 16 workweeks during any 24-month period. The medical leave may be taken intermittently when medically necessary. (b)(1) Except as provided in paragraphs (2) through (4) of this subsection, medical leave may consist of unpaid leave. (2) Any paid medical or sick leave provided by an employer that the employee elects to use for medical leave shall count against the 16 workweeks of allowable medical leave under this chapter. (3) If an employer and employee agree that an employee may use paid vacation, personal, or compensatory leave as medical leave, the paid vacation, personal, or compensatory leave shall count against the 16 workweeks of medical leave provided in this chapter. (4) If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions, and the conditions have been met, the employee may use the paid leave as medical

22 leave and the leave shall count against the 16 workweeks of medical leave provided in this chapter. (c) If the need for medical leave is foreseeable based on planned medical treatment or supervision, the employee shall: (1) Provide the employer with prior reasonable notice of the medical treatment or supervision; and (2) Make a reasonable effort to schedule the medical treatment or supervision, subject to the approval of the health care provider of the employee, in a manner that does not disrupt unduly the operations of the employer (a) An employer may require that a request for family leave under (a)(4) of medical leave under be supported by a certification issued by the health care provider of the employee or family member. The employee shall provide a copy of the certification to the employer. (b) The certification provided by the employee to the employer shall state: (1) The date on which the serious health condition commenced; (2) The probable duration of the condition;(3) The appropriate medical facts within the knowledge of the health care provider that would entitle the employee to take leave under this chapter; and 4)(A) For purposes of medical leave under , a statement that the employee is unable to perform the functions of the employee's position; or (B) For purposes of family leave under (a)(4), an estimate of the amount of time that the employee is needed to care for the family member. (c) For the purposes of (c), the employer may request that certification issued in any case involving medical leave under include an explanation of the extent to which the employee is unable to perform the functions of the employee's position. (d)(1) If the employer has reason to doubt the validity of the certification provided under subsection (a) of this section, the employer may require that the employee obtain, at the expense of the employer, the opinion of a 2nd health care provider approved by the employer, in regard to any information required to be certified under subsection (b) of this section. (2)(A) If the 2nd opinion provided under this subsection differs from the original certification provided under subsection (a) of this section, the employee may obtain the opinion of a 3rd health care provider mutually agreed upon by the employer and the employee, in regard to any information required to be certified under subsection (b) of this section. The employer shall pay the cost of the opinion of the 3rd health care provider. (B) The opinion of the 3rd health care provider in regard to the information certified under subsection (b) of this section shall be final and binding on the employer and employee. (e) Any health care provider approved or mutually agreed upon under subsection (d)(1) or (2) of this section may not be retained on a regular basis by the employer or employee or otherwise bear a close relationship to the employer or employee that would give the appearance that the certification is biased. (f) The employer may require that the employee obtain subsequent recertifications on a reasonable basis. (g)(1) Certification information requested under this section shall be used only to make a decision in regard to the provisions of this chapter. An employer shall keep any medical information obtained from a certification request confidential. (2) Any employer who willfully violates this subsection shall be assessed a civil penalty of $1,000 for each offense Employment and benefits protection. (a) Any employee who takes family or medical leave under this chapter shall not lose any employment benefit or seniority accrued before the date on which the family or medical leave commenced. (b)(1) During any period in which an employee takes family or medical leave under or , the employer shall maintain coverage under any group health plan, as defined in section 5000(b) of the Internal Revenue Code of 1986, approved October 21, 1986 (100 Stat. 2012; 26 U.S.C. 5000(b)), except that for the purposes of this chapter, the term "group health plan" shall include a group health plan provided by the District of Columbia government. The employer shall maintain coverage for the duration of the family or medical leave at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment from the date the employee commenced the family or medical leave until the date the employee was restored to employment pursuant to subsection (d) of this section. (2) An employer may require the employee to continue to make any contribution to a group health plan that the employee would have made if the employee had not taken family or medical leave. If an employee is unable or refuses to make the contribution to the group health plan, the employee shall forfeit the health

23 plan benefit until the employee is restored to employment pursuant to subsection (d) of this section and resumes payment to the plan. (c)(1) Nothing in this chapter shall prohibit an employer and an employee with a serious health condition from agreeing mutually to alternative employment for the employee throughout the duration of the serious health condition of the employee. Any period of alternative employment shall not cause a reduction in the amount of family or medical leave to which the employee is entitled under or (2) When the employee who agreed to alternative employment is able to perform the functions of the employee's original position, the employee shall be restored to the original position pursuant to subsection (d) of this section. (d) Except as provided in subsection (f) of this section, upon return from family or medical leave taken pursuant to or , the employee shall be: (1) Restored by the employer to the position of employment held by the employee when the family or medical leave commenced; or (2) Restored to a position of employment equivalent to the position held by the employee when the family or medical leave commenced that includes equivalent employment benefits, pay, seniority, and other terms and conditions of employment. (e) Except as provided in subsection (b) of this section, nothing in this section shall entitle an employee restored by an employer to a position of employment to (1) The accrual of any seniority or employment benefit during any period of family or medical leave; or (2) Any right, employment benefit, or position of employment other than any right, employment benefit, or position of employment to which the employee would have been entitled had the employee not taken the family or medical leave. (f)(1) Except as provided in paragraph (2) of this subsection, an employer in the District may deny restoration of employment to a salaried employee if the employee is among the 5 highest paid employees of an employer of fewer than 50 persons or among the highest paid 10% of employees of an employer of 50 or more persons and the following conditions are met: (A) The employer demonstrates that denial of restoration of employment is necessary to prevent substantial economic injury to the employer's operations and the injury is not directly related to the leave that the employee took pursuant to this chapter; and (B) The employer notifies the employee of the intent to deny restoration of employment and the basis for the decision at the time the employer determines denial of restoration of employment is necessary. (2) The condition in paragraph (1)(A) of this subsection shall not apply if the following conditions have been met:(a) The employer is under a contract to provide work or services and the absence of the employee prohibits the employer from completing the contract in accordance with the terms of the contract;(b) Failure to complete the contract will cause substantial economic injury to the employer; and (C) After the employer made reasonable attempts, the employer failed to find a temporary replacement for the employee (a) If the conditions in subsection (b) of this section are met, a local educational agency ("educational agency") or private elementary or secondary school ("school") may require an employee who is employed principally in an instructional capacity to elect to: (1) Take the family or medical leave for periods of particular duration not to exceed the planned medical treatment or supervision; or (2) Transfer temporarily to an available alternative position offered by the educational agency or school for which the employee is qualified, which has equivalent pay and benefits, and better accommodates the recurring periods of leave than the employee's regular employment position. (b) The provisions of subsection (a) of this section shall apply if the employee described in subsection (a) of this section: (1) Elects to take family leave pursuant to (a)(4) or medical leave pursuant to that is foreseeable based on planned medical treatment or supervision; (2) Would be on leave for greater than 20% of the total number of working days in the period during which leave would extend; and (3) Complies with (g) or (c). (c)(1) If an employee of an educational agency or school who is employed principally in an instructional capacity begins family or medical leave more than 5 weeks before the end of the academic term, the educational agency or school may require the employee to continue to take leave until the end of the term if: (A) The leave is at least 3 weeks in duration; and (B) The return to employment would occur during the 3-week period before the end of the academic term. (2) If the employee described in paragraph (1) of this subsection begins leave under or during the period that commences from more than 3 weeks and up to and including 5 weeks before the end of the academic term, the educational

24 agency or school may require the employee to continue to take leave until the end of the term if: (A) The leave is greater than 2 weeks in duration; and (B) The return to employment would occur during the 2-week period before the end of the academic term. (3) If the employee described in paragraph (1) of this subsection begins leave under or during the period that commences 3 weeks or less before the end of the academic term and the duration of the leave is greater than 5 working days, the educational agency or school may require the employee to continue to take leave until the end of the term. (d) For purposes of a restoration of employment determination under (d)(2), in the case of an educational agency or school, the determination shall be made on the basis of established school board or private school policies and practices and collective bargaining agreements. A Sec. 2. For the purposes of this act, the term: (1) Domestic violence means an intrafamily offense as defined in D.C. Official Code (5). (2)(A) Employee shall have the same meaning as provided in section 2(1) of the District of Columbia Family and Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code (1)). (B) The term employee shall not include: (i) An independent contractor; (ii) A student; (iii) Health care workers who choose to participate in a premium pay program; or (iv) Restaurant wait staff and bartenders who work for a combination of wages and tips. (3)(A) Employer means a legal entity (including a for-profit or nonprofit firm, partnership, proprietorship, sole proprietorship, limited liability company, association, or corporation), or any receiver or trustee of an entity (including the legal representative of a deceased individual or receiver or trustee of an individual), who employs an employee. (B) The term employer shall include the District government. (4) Family member means: (A)(i) A spouse, including the person identified by an employee as his or her domestic partner, as defined in section 2(3) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code (3)); (ii) The parents of a spouse; (iii) Children (including foster children and grandchildren); (iv) The spouses of children; (v) Parents; (vi) Brothers and sisters; and (vii) The spouses of brothers and sisters. (B) A child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility; or (C) A person with whom the employee shares or has shared, for not less than the preceding 12 months, a mutual residence and with whom the employee maintains a committed relationship, as defined in section 2(1) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code (1)). (5) Paid leave means accrued increments of compensated leave provided by an employer for use by an employee during an absence from employment for any of the reasons specified in section 3(b). (6) Premium pay program means a plan offered by an employer pursuant to which an employee may elect to receive extra pay in lieu of benefits. (7) Sexual abuse means any offense described in the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law ; D.C. Official Code et seq.). (8) Student means an employee who: (A)(i) Is a full-time student, as defined by an accredited institution of higher education; (ii) Is employed by the institution at which the student is enrolled; (iii) Is employed for less than 25 hours per week; and (iv) Does not replace an employee subject to this act; or (B) Is employed as part of the Year Round Program for Youth, as established by the Department of Employment Services. Sec. 3. (a)(1) An employer with 100 or more employees shall provide for each employee not less than one hour of paid leave for every 37 hours worked, not to exceed 7 days per calendar year. (2) An employer with at least 25, but not more than 99, employees shall provide for each employee not less than one hour of paid leave for every 43 hours worked, not to exceed 5 days per calendar year. (3) An employer with 24 or fewer employees shall provide not less than one hour of paid leave for every 87 hours worked, not to exceed 3 days per calendar year. (4) For the purposes of paragraphs (1) through (3) of this subsection, the number of employees of an employer shall be determined by the average monthly number of full-time equivalent employees for the prior calendar year. The average monthly number shall be calculated by adding the total monthly full-time equivalent employees for each month and dividing by 12. (5) In the case of employees who are exempt from overtime payment under section 213(a)(1) of the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. 201 et seq.), employees shall not accrue

25 leave for hours worked beyond a 40-hour work week. (b) Paid leave accrued under this section may be used by an employee for any of the following: (1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee; (2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee, subject to the requirement of subsection (d) of this section; (3) An absence for the purpose of caring for a child, a parent, a spouse, domestic partner, or any other family member who has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2) of this subsection; or (4) An absence if the employee or the employee s family member is a victim of stalking, domestic violence, or sexual abuse; provided, that the absence is directly related to social or legal services pertaining to the stalking, domestic violence, or sexual abuse, to: (A) Seek medical attention for the employee or the employee s family member to recover from physical or psychological injury or disability caused by domestic violence or sexual abuse; (B) Obtain services from a victim services organization; (C) Obtain psychological or other counseling; (D) Temporarily or permanently relocate; (E) Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence or sexual abuse; or (F) Take other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee s family member or to enhance the safety of those who associate or work with the employee. (c)(1) Paid leave under this section shall accrue in accordance with the employer s established pay period. An individual shall accrue paid leave at the beginning of his or her employment. An employee may begin to access paid leave after 90 days of service with his or her employer. (2) An employee s unused paid leave accrued during a 12-month period shall carry over annually. An employee shall not use in one year more than the maximum hours as allowed in subsection (a)(1), (2), and (3) of this section, unless the employer chooses otherwise. Unused paid leave accrued under this act shall not be reimbursed upon the termination or resignation of any employee. (3) An employee who is discharged after the completion of a 90-day probationary period and is rehired within 12 months may access paid leave immediately. (4) Upon mutual consent by the employee and the employer, an employee who chooses to work additional hours or shifts during the same or next pay period in lieu of hours or shifts missed, shall not use paid leave; provided, that the employer does not require the employee to work such additional hours or shifts. (d) An employee shall make a reasonable effort to schedule paid leave under subsection (b) of this section in a manner that does not unduly disrupt the operations of the employer. (e) If an employee does not suffer a loss of income when absent from work, for the number of days up to the days of paid leave provided for in subsection (a)(1), (2), and (3) of this section, an employer shall not be required to provide paid leave for such employee in accordance with this act. Notwithstanding the foregoing sentence, the provisions of section 9 shall apply to employees who do not suffer a loss of income when absent from work. (f) If employees of beauty, hair, and nail salons are paid by commission (whether commission only or base wage plus commission), the sick leave rate of pay shall be calculated as follows: divide the employee s total earnings in base wages and commissions for the prior calendar year by the total hours worked as a commissioned employee during the prior calendar year. If employees do not have a prior calendar year s work history, divide the employee s total earnings in base wages and commissions since the employee s date of hire by the total hours worked as a commissioned employee since that date. Sec. 4. Paid leave shall be provided upon the written request of an employee upon notice as provided in this section. The request shall include a reason for the absence involved and the expected duration of the paid leave. If the paid leave is foreseeable, the request shall be provided at least 10 days, or as early as possible, in advance of the paid leave. If the paid leave is unforeseeable, an oral request for paid leave shall be provided prior to the start of the work shift for which the paid leave is requested. In the case of an emergency, the employer shall be notified prior to the start of the next work shift or within 24 hours of the onset of the emergency, whichever occurs sooner. Sec. 5. (a)(1) An employer may require that paid leave under section 3(b) for 3 or more consecutive days be supported by reasonable certification. (2) Reasonable certification may include: (A) A signed document from a health care provider, as defined in section 2(5) of the District of Columbia Family and Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code (5)), affirming the

26 illness of the employee; (B) A police report indicating that the employee was a victim of stalking, domestic violence, or sexual abuse; (C) A court order; or (D) A signed statement from a victim and witness advocate, or domestic violence counselor, as defined in D.C. Official Code (a)(2), affirming that the employee is involved in legal action related to stalking, domestic violence, or sexual abuse. (3) If certification is required by an employer, the employee shall provide a copy of the certification to the employer upon the employee s return to work. (b)(1) This act shall not require a health care professional to disclose information in violation of section 1177 of the Social Security Act, approved August 21, 1996 (110 Stat. 2029; 42 U.S.C. 1320d-6), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 2033; 42 U.S.C. 1320d-2, note). (2) All information provided to the employer under section 3 shall not be disclosed by the employer, except to the extent that the disclosure is: (A) Requested or consented to by the employee; (B) Ordered by a court or administrative agency; or (C) Otherwise required by applicable federal or local law. Sec. 6. Current paid leave policies. (a) An employer with a paid leave policy providing paid leave options, such as a paid time-off program or universal leave policy, shall not be required to modify such policy if the policy offers an employee the option, at the employee s discretion, to accrue and use leave under terms and conditions that are at least equivalent to the paid leave prescribed in this act. (b) The terms and conditions of an employer s policy shall be presumed equivalent if they allow an employee to: (1) Access and accrue paid leave at least at the same rate as or greater than the hours of paid leave provided in section 3(a)(1), (2), and (3); or (2) Use the paid leave for the same purposes as those set forth in section 3(b), including unscheduled leave. Sec. 7. (a) This act shall not diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid leave rights to employees than the rights established under this act. (b) The paid leave requirements under this act shall not be waived for less than 3 paid leave days by the written terms of a bona fide collective bargaining agreement. Sec. 8. This act shall not prevent an employer from the adoption or retention of a paid leave policy more generous than the one required by this act. Sec. 9. Prohibited acts. (a) A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided by this act. (b) An employer shall not discharge or discriminate in any manner against an employee because the employee: (1) Opposes any practice by an employer made unlawful by this act; (2) Pursuant or related to this act: (A) Files or attempts to file a charge; (B) Institutes or attempts to institute a proceeding; or(c) Facilitates the institution of a proceeding;(3) Gives any information or testimony in connection with an inquiry or proceeding related to this act; or (4) Uses paid leave provided under this act. (c) Nothing in this act shall prohibit an employer from establishing and enforcing a lawful policy relating to improper use of paid leave or from seeking more frequent certifications from an employee if there is evidence of a pattern of abuse of paid leave. Sec. 10. (a) The Mayor shall prescribe, and the Mayor shall provide to employers, in languages in accordance with the Language Access Act of 2004, effective June 19, 2004 (D.C. Law ; D.C. Official Code et seq.), and an employer shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of this act and information that pertains to the filing of a complaint under this act. The notice shall be published in all languages spoken by 3% of or 500 individuals in the District of Columbia population, whichever is less. (b)(1) An employer who willfully violates this section shall be assessed a civil penalty not to exceed $100 for each day that the employer fails to post the notice; provided, that the total penalty shall not exceed $500. (2) No liability for failure to post notice will arise under this section if the Mayor has failed to provide to the business the notice required by this section. (c) An employer shall post the notice in English and all languages spoken by employees with Limited or no-english Proficiency, as defined in section 2(5) of the Language Access Act of 2004, effective June 19, 2004 (D.C. Law ; D.C. Official Code (5)). (d) Employers shall be furnished copies or summaries of this act prepared by the Mayor on request. Sec. 11. This act shall be administered by the Department of Employment Services. Sec. 12. This act shall not: (1) Supersede any provision of law or contract that provides greater employee paid leave rights than the rights established under this act; or (2) Modify or affect any federal or

27 Florida District law prohibiting discrimination on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation. Sec. 13. Except as provided in section 10(b), an employer who willfully violates the requirements of this act shall be subject to a civil penalty of $500 for the 1st offense, $750 for the 2nd offense, and $1000 for the 3rd and each subsequent offense. Sec. 14. The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code et seq.), may issue rules to implement the provisions of this act within 60 days after its effective date. If rules are promulgated, the Mayor shall submit the proposed rules to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved. Sec. 15. The Mayor shall exempt, by rule, businesses that can prove hardship as a result of this act. The Mayor shall submit the proposed hardship exemption rules to the Council for a 45-day period of review, excluding Saturdays, Sunday, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day review period, the proposed rules shall be deemed disapproved. [Editor s Note: Florida FMLA law pertains only to public employers only.) (1) As used in this section, the term "family" means a child, parent, or spouse, and the term "family medical leave" means leave requested by an employee for a serious family illness including an accident, disease, or condition that poses imminent danger of death, requires hospitalization involving an organ transplant, limb amputation, or other procedure of similar severity, or any mental or physical condition that requires constant in-home care. The term "parental leave" means leave for the father or mother of a child who is born to or adopted by that parent. (2) The state shall not: (a) Terminate the employment of any employee in the career service because of the pregnancy of the employee or the employee's spouse or the adoption of a child by that employee. (b) Refuse to grant to a career service employee parental or family medical leave without pay for a period not to exceed 6 months. Such leave shall commence on a date that is determined by the employee in consultation with the attending physician following notification to the employer in writing, and that is approved by the employer. (c) Deny a career service employee the use of and payment for annual leave credits for parental or family medical leave. Such leave shall commence on a date determined by the employee in consultation with the attending physician following notification to the employer in writing. (d) Deny a career service employee the use of and payment for accrued sick leave or family sick leave for any reason deemed necessary by a physician or as established by policy. (e) Require that a career service employee take a mandatory parental or family medical leave. (3) Upon returning at the end of parental or family medical leave of absence, such employee shall be reinstated to the same job or to an equivalent position with equivalent pay and with seniority, retirement, fringe benefits, and other service credits accumulated prior to the leave period. If any portion of the parental or family medical leave is paid leave, the employee shall be entitled to accumulate all benefits granted under paid leave status (1)(a) Any full-time or part-time employee of the state who is paid from regular salary appropriations and who adopts a special-needs child, as defined in paragraph (b), is eligible to receive a monetary benefit in the amount of $10,000 per child, which is payable in equal monthly installments over a 1-year period. Any employee of the state who adopts a child whose permanent custody has been awarded to the Department of Children and Family Services or to a Florida-licensed child-placing agency, other than a special-needs child as defined in paragraph (b), shall be eligible to receive a monetary benefit in the amount of $5,000 per child, which is payable in equal monthly installments over a 1-year period. Benefits paid under this subsection to a part-time employee must be prorated based on the employee's full-time-equivalency status at the time of applying for the benefits. (b) For purposes of this section, a "special-needs child" is a child whose permanent custody has been awarded to the Department of Children and Family

28 Services or to a Florida-licensed child-placing agency and who is not likely to be adopted because he or she is: 1. Eight years of age or older. 2. A person with a developmental disability. 3. A person with a physical or emotional handicap. 4. Of a minority race or of a racially mixed heritage. 5. A member of a sibling group of any age, provided that two or more members of a sibling group remain together for the purposes of adoption. (2) An employee of the state who adopts a special-needs child must apply to his or her agency head to obtain the monetary benefit provided in subsection (1). Applications must be on forms approved by the department and must include a certified copy of the final order of adoption naming the applicant as the adoptive parent. (3) Nothing in this section shall affect the right of any state employee who adopts a special-needs child to receive financial aid for adoption expenses pursuant to s or any other statute that provides financial incentives for the adoption of children. (4) Any employee of the state who has a child placed in the custody of the employee for adoption, and who continues to reside in the same household as the child placed for adoption, shall be granted parental leave for a period not to exceed 6 months as provided in s Georgia (1) Any employee of a water management district is eligible to receive monetary benefits for child adoption to the same extent as is an employee of the state, as described in s The employee shall apply for such benefits pursuant to s (2) The Chief Financial Officer and the Department of Management Services shall transfer funds to water management districts to pay eligible water management district employees for these child adoption monetary benefits in accordance with s (1)(c)5., as long as funds remain available for the program described under s (3) Parental leave for eligible water management district employees shall be provided according to the policies and procedures of the individual water management district in existence at the time eligibility is determined. (4) Each water management district shall develop means of implementing these monetary adoption benefits for water management district employees, consistent with its current practices. Water management district rules, policies, guidelines, or procedures so implemented will remain valid and enforceable as long as they do not conflict with the express terms of s A leave of absence for maternity reasons shall be granted to a female employed by a public school system in a capacity specified by subsection (a) of Code Section as follows: (1) Any such employee who is pregnant shall be entitled to a leave of absence to begin at a time to be determined by the employee, the physician, and the local school superintendent between the commencement of pregnancy and the anticipated date of delivery. The employee shall notify the superintendent in writing of her desire to take such leave and, except in case of emergency, shall give such notice at least 60 calendar days prior to the date on which her leave is to begin. This notice shall include a doctor s statement of anticipated date of physical disability. The employee may continue in active employment as late into her pregnancy as she desires provided she is able to perform properly the required functions of her job. Final determination of ability to perform properly the required job functions shall be made by the local board of education. An employee wishing to work to the date of physical disability shall be entitled to the use of all accumulated sick leave credited to her, not to exceed the doctor s estimated length of physical disability. An employee wishing to discontinue work prior to the date of physical disability shall be governed by the same sick leave provisions as apply to employees on leave for other reasons; (2) An employee who has been granted leave for the period of physical disability only shall be entitled to return to active employment upon presentation of a doctor s statement of physical ability to perform the required functions of the job and shall be assigned to a substantially equivalent position to be approved by the superintendent. An employee who has been granted leave for a period longer than the period of physical disability, but not to exceed one full school year, shall be entitled to return to active employment upon written request for reassignment and contingent on a vacancy for which the employee is qualified. Such employee shall be given preference equal to any other applicant returning from a period of physical disability for a vacancy for which she is qualified. In any instance, the employee s return to active employment may be delayed until the beginning of a quarter, or semester, in order to maintain continuity of classroom instruction; and (3) If the local school board disagrees with any doctor s statement of disability or ability, it may appoint a

29 Hawaii physician of the same medical specialty as the employee s physician for the purpose of receiving independent medical judgment As used in this chapter, unless the context clearly requires otherwise: "Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee. "Department" means the department of labor and industrial relations. "Director" means the director of labor and industrial relations. "Employee" means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this chapter. "Employer" means any individual or organization, including the State, any of its political subdivisions, any instrumentality of the State or its political subdivisions, any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who employs one hundred or more employees for each working day during each of twenty or more calendar weeks in the current or preceding calendar year. "Employment" or "employed" means service, including service in interstate commerce, performed for wages under any contract of hire, written or oral, express or implied, with an employer. "Employment benefits" means all benefits (other than salary or wages) provided or made available to employees by an employer, and includes group life insurance, accident and health or sickness insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether the benefits are provided by a policy or practice of an employer or by an employee benefit plan as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)). "Health care provider" means a physician as defined under section "Parent" means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law. "Serious health condition" means a physical or mental condition that warrants the participation of the employee to provide care during the period of treatment or supervision by a health care provider, and: (1) Involves inpatient care in a hospital, hospice, or residential health care facility; or (2) Requires continuing treatment or continuing supervision by a health care provider. Sick leave": (1) Means accrued increments of compensated leave provided by an employer to an employee for use by the employee for any of the following reasons: (A) The employee is physically or mentally unable to perform the employee's duties due to illness, injury, or a medical condition of the employee; (B) The absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the employee; or (C) The absence is for other medical reasons of the employee, such as pregnancy or obtaining a physical examination; and (2) Shall not include any insurance benefit, workers' compensation benefit, unemployment compensation due to illness or disability, or temporary disability insurance benefit. The rights provided under this chapter shall not apply to employees of an employer with fewer than one hundred employees. An employee shall be entitled to a total of four weeks of family leave during any calendar year upon the birth of a child of the employee or the adoption of a child, or to care for the employee's child, spouse or reciprocal beneficiary, or parent with a serious health condition. During each calendar year, the leave may be taken intermittently. Leave shall not be cumulative. If unpaid leave under this chapter conflicts with the unreduced compensation requirement for exempt employees under the federal Fair Labor Standards Act, an employer may require the employee to make up the leave within the same pay period. Nothing in this chapter shall entitle an employee to more than a total of four weeks of leave in any twelve-month period. Pursuant to section 398-3, an employee shall be entitled to four weeks of family leave. The family leave shall consist of unpaid leave, paid leave, or a combination of paid and unpaid leave. If an employer provides paid family leave for fewer than four weeks, the additional period of leave added to attain the four-week total may be unpaid. (B) Except as otherwise provided in subsection (C), an employee may elect to substitute any of the employee's accrued paid leaves, including but not limited to vacation, personal, or family leave for any part of the four-week period in subsection (A). (C) An employer who provides sick leave for employees shall permit an employee to use the employee's accrued and available sick leave for purposes of this chapter; provided that an employee shall not use more than ten days per year for this purpose, unless an express provision of a valid collective bargaining agreement authorizes the use of more than ten days of sick leave for family leave purposes. Nothing in this section shall require an employer to diminish an employee's accrued

30 Idaho and available sick leave below the amount required pursuant to section ; provided that any sick leave in excess of the minimum statutory equivalent for temporary disability benefits as determined by the department may be used for purposes of this chapter. In any case in which the necessity for family leave is foreseeable, the employee shall provide the employer with prior notice of the expected birth or adoption or serious health condition in a manner that is reasonable and practicable. An employer may require that a claim for family leave be supported by written certification. For the birth of a child, certification shall be issued by a health care provider or the family court. For the placement of a child for adoption with the employee, certification shall be issued by a recognized adoption agency, the attorney handling the adoption, or by the individual officially designated by the birth parent to select and approve the adoptive family. When leave is to care for a child, spouse, or parent who has a serious health condition, certification shall be issued by the health care provider of the individual requiring care. Certification shall be considered sufficient if it provides information as required by the director. Upon return from family leave, the employee shall be entitled to be restored by the employer to the position of employment held by the employee when the leave commenced, or restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. If, however, during a leave, the employer experiences a layoff or workforce reduction and the employee would have lost a position had the employee not been on family leave, the employee is not entitled to reinstatement in the former or equivalent position. In such circumstances, the employee retains all rights, including seniority rights, pursuant to the good faith operation of a bona fide layoff and recall system. The taking of family leave shall not result in the loss of any employment benefit accrued before the date on which the leave commenced, except for any paid leave that may have been expended in conjunction with the family leave. Nothing in this chapter shall be construed to entitle or deny any employee to the accrual of any seniority or employment benefits during any period of leave, or any right, employment benefit, or position to which the employee would have been entitled had the employee not taken the leave. 240 Sick leave shall be earned in accordance with Section , Idaho Code. Sick leave shall only be taken in pay periods subsequent to being earned. An employee who is transferred from one (1) state department to another shall be credited by the receiving department with the amount of sick leave accrued at the time of transfer. Sick leave shall only be used in cases of actual illness or disability or other medical and health reasons necessitating the employee's absence from work, or in situations where the employee's personal attendance is required or desired because of serious illness, disability, or death and funeral in the family. For purposes of this rule, family means a spouse, child, foster child, parent, brother, sister, grandparent, grandchild, or the same relation by marriage04. Medical, Dental, Or Optical Appointments Leave (MDA). Employees are allowed up to two (2) hours for each occasional appointment without charge to sick leave for personal or family-member medical, dental or optical examination or treatment. Occasional appointments are those which are traditionally considered to be preventative, wellness related, or diagnostic. Ongoing treatment for physical or mental illness is not covered by MDA. Use of this benefit may be limited by the appointing authority on a case by case basis where frequency of use is impeding organizational effectiveness or misuse is suspected. If more than two (2) hours are needed for appointments additional time may be charged to sick leave. Sick leave may be used in conjunction with Family and Medical Leave. It is the responsibility of the employee to notify his or her supervisor as soon as possible in the event of sickness or injury which prevents the employee from reporting for duty. Vacation leave may be transferred to another employee for the purposes of sick leave in accordance with Section (7), Idaho Code. Such transfers are to be made from employee to employee. Vacation leave is retained by the donating party until it is converted to sick leave in the receiving employee's account. A predictable and reliable level of attendance is an essential function of almost all positions. Consistent with the provisions of the Americans with Disabilities Act and the Family Medical Leave Act, a supervisor may investigate suspected sick leave abuse including a pattern of unscheduled absences which have a negative impact on the requirements of the job and take appropriate action. When an employee is absent due to illness or injury in excess of three (3) days, a doctor's certificate of justifiable cause for the absence

31 may be required of the employee at the discretion of the immediate supervisor. A doctor's certification of illness or injury may be required of an employee for periods of less than three (3) consecutive working days whenever the immediate supervisor or manager believes special investigation of the absence should be made. 242 The provisions of the federal Family and Medical Leave Act (FMLA) shall apply without regard to the exclusion for worksites employing less than fifty (50) employees in a seventy-five (75) mile area, and without the limitation on reinstatement of the highest-paid employees. The State is one (1) employer for the purposes of FMLA. For consistency, the administrator shall publish statewide guidance on FMLA policies. An appointing authority may request a return to work release if, due to the nature of the health condition and the job: a. Light or limited duty work or other accommodation is requested; or b. The agency, having a reasonable basis in fact to do so, requires assurance that returning to work would not create a significant risk of substantial harm to the employee or others. 243 Pregnancy, child birth or related medical conditions generally are considered temporary disabilities and shall be treated as such for sick leave purposes. Maternity and paternity leave shall be granted under the same conditions and requirements as other compensable and noncompensable leave under these rules, including the Family and Medical Leave Act. The employee's physician shall be considered the primary authority in determining the disability period insofar as compensable sick leave is concerned. Maternity and paternity leave preceding and following the time that the person is disabled shall be leave without pay unless the employee elects to use accrued vacation leave, earned administrative leave or compensatory time off for overtime. Pregnancy discrimination is prohibited. The employee may continue to work as long as she is physically capable of performing the duties of her position and may return to work as soon as she is physically able as determined by her physician. Leave will be granted for adoption and foster care as set forth in the forth in the Family and Medical Leave Act. Illinois [Note: Idaho provisions regarding family-related leave apply only to public employees.] An employee may request a child care leave for the adoption of a child or for parental reasons, such as care for a seriously ill child, an emotionally disturbed child, or similar serious family dilemmas. This leave can endure from one to ninety calendar days without pay and without deduction of continuous service. If requested and approved by the Director of Personnel, an additional 90 days will be allowed. However, the following 90 to 180 calendar days will be deducted from continuous service. This leave may be utilized, if requested and with prior approval by the employing department and the Department of Personnel, for additional leave after a disability leave for maternity purposes. An employee who returns from a child care leave shall have such rights as set forth in Section No emergency or temporary employee shall be granted leaves of absence except as provided in Section and Section (f) Failure to return from a leave of absence, extend the leave or voluntarily terminate employment within five (5) working days after the expiration or termination date shall be considered grounds for disciplinary action a) When an employee returns from a leave of absence of six months or less, the department shall return the employee to the same or similar position in the class in which the employee was incumbent prior to the commencement of such leave. b) Except for those leaves granted under Sections , , or and when an employee returns from a leave or leaves exceeding six months and there is no vacant position available to such employee in the same class in which the employee was incumbent prior to such leave or leaves commencing, the employee may be laid off without consideration of continuous service and if

32 laid off, the employee's name shall be placed on the on the reemployment list. Public Act Section 5. "Employee" means any person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment. "Employee" does include an independent contractor. "Employee" includes an employee of a covered employer who has been employed by the same employer for at least 12 months, and has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave. "Employee benefits" means all benefits, other than salary and wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance and pensions, regardless of whether benefits are provided by a policy or practice of an employer. "Employer" means (1) any person, partnership, corporation, association, or other business entity; and (2) the State of Illinois, municipalities and other units of local government. "Family military leave" means leave requested by an employee who is the spouse or parent of a person called to military service lasting longer than 30 days with the State or United States pursuant to the orders of the Governor or the President of the United States. Section 10 (a) Any employer, as defined in Section 5 of this Act, that employs between 15 and 50 employees shall provide up to 15 days of unpaid family military leave to an employee during the time federal or State deployment orders are in effect, subject to the conditions set forth in this Section. Family military leave granted under this Act may consist of unpaid leave. (b) An employer, as defined in Section 5 of this Act, that employs more than 50 employees shall provide up to 30 days of unpaid family military leave to an employee during the time federal or State deployment orders are in effect, subject to the conditions set forth in this Section. Family military leave granted under this Act may consist of unpaid leave. (c) The employee shall give at least 14 days notice of the intended date upon which the family military leave will commence if leave will consist of 5 or more consecutive work days. Where able, the employee shall consult with the employer to schedule the leave so as to not unduly disrupt the operations of the employer. Employees taking military family leave for less than 5 consecutive days shall give the employer advanced notice as is practicable. The employer may require certification from the proper military authority to verify the employee's eligibility for the family military leave requested. (d) An employee shall not take leave as provided under this Act unless he or she has exhausted all accrued vacation leave, personal leave, compensatory leave, and any other leave that may be granted to the employee, except sick leave and disability leave. Section 15 (a) Any employee who exercises the right to family military leave under this Act, upon expiration of the leave, shall be entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This Section does not apply if the employer proves that the employee was not restored as provided in this Section because of conditions unrelated to the employee's exercise of rights under this Act. (b) During any family military leave taken under this Act, the employer shall make it possible for employees to continue their benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave. Section 20 (a) Taking family military leave under this Act shall not result in the loss of any employee benefit accrued before the date on which the leave commenced. (b) Nothing in this Act shall be construed to affect an employer's obligation to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this Act. (c) The family military leave rights provided under this Act shall not be diminished by any collective bargaining agreement or employee benefit plan.

33 (d) Nothing in this Act shall be construed to affect or diminish the contract rights or seniority status of any other employee of any employer covered under this Act. Section 25 (a) An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise any right provided under this Act. (b) An employer shall not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee that exercises any right provided under this Act. (c) An employer shall not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for opposing any practice made unlawful by this Act. [Note: Illinois provisions regarding child care leave apply only to public employees.] [Editor s Note: Illinois Treasurer Alexi Giannoulias signed an Executive Order on June 13 to provide gay and lesbian employees in domestic partnerships with the same rights and benefits as married employees. The new office policy, which recognizes a domestic partnership as equivalent to marriage, allows gay and lesbian employees to take unpaid time off to care for a sick partner or relative or for birth or adoption of a child. This new measure effectively extends the Family and Medical Leave Act to gay and lesbian employees in committed relationships. The new policy changes also allow those employees to take maternity/paternity leave and bereavement leave following the death of their partner or partner's immediate family ( Alexi Giannoulias, Illinois State Treasurer, Press Release, June 13, Indiana (a) A school corporation may grant a teacher a leave of absence, for at most one (1) year, for a sabbatical or for disability or sick leave. The school corporation may grant consecutive leaves. A school corporation may grant partial compensation for any leave in an amount it determines. However, if a teacher on a sabbatical serves an employer that agrees to reimburse the school corporation in whole or in part of the amount of the teacher's regular salary, the school corporation may grant full or partial compensation. Any teacher who is pregnant shall be granted a leave of absence for the period provided in and subject to the provisions of section 4 of this chapter. Except where a contract is not required under IC through IC in any situation occurring before or after the commencement of leave, the teacher and the school corporation shall execute a regular teacher's contract for each school year in which any part of the teacher's leave is granted, and the teacher shall have the right to return to a teaching position for which the teacher is certified or otherwise qualified in accordance with the rules of the state board of education. (b) Rights existing at the time leave commences, which arise from a teacher's: (1) status as a permanent teacher;(2) accumulation of successive years of service; (3) service performed under a teacher's contract pursuant to IC ; or (4) status or rights negotiated under IC ; shall remain intact except as provided in subsection (a). (c) During leave, the teacher may maintain coverage in any group insurance program by paying the total premium including the school corporation's share, if any, attributable to the leave period. The school corporation may elect to pay all or part of the cost of the premium as an adopted or negotiated fringe benefit to teachers on leave. (d) During leave extending into a part of a school year, a teacher shall accumulate sick leave in accordance with the provisions of IC , or any salary schedule of the school corporation providing greater sick leave, in the same proportion which the number of days the teacher is paid during such year for work or leave bears to the total number of days for which teachers are paid in the school corporation. (e) During leave of a nonpermanent teacher, the period of probationary successive years of service under a teacher's contract which is a condition precedent to becoming a permanent teacher under IC shall be uninterrupted for that teacher except as provided in subsection (a). However, this probationary period shall not include an entire school year spent on leave. (f) All or part of a leave granted for sickness or disability, including pregnancy-related disability, may be charged at the teacher's discretion to the teacher's available sick days. However, the teacher is not entitled to take accumulated sick leave days when the teacher's physician certifies that the teacher is capable of performing the teacher's regular teaching duties. The teacher is entitled to complete the remaining leave without pay.

34 A school corporation may place a teacher, with or without written request, on a disability or sick leave for at most one (1) year. However, a teacher placed without a written request is entitled to a hearing on that action in accord with IC and IC Iowa A teacher who is pregnant may continue in active employment as late into pregnancy as she wishes, if she can fulfill the requirements of her position. Temporary disability caused by pregnancy shall be governed by the following: (1) Any teacher who is pregnant shall be granted a leave of absence any time between the commencement of her pregnancy and one (1) year following the birth of the child, if she notifies the superintendent at least thirty (30) days before the date on which she wishes to start her leave. She shall notify the superintendent of the expected length of this leave, including with this notice either a physician's statement certifying her pregnancy or a copy of the birth certificate of the newborn, whichever is applicable. However, in the case of a medical emergency caused by pregnancy, the teacher shall be granted a leave, as otherwise provided in this section, immediately on her request and the certification of the emergency from an attending physician. (2) All or part of a leave taken by a teacher because of a temporary disability caused by pregnancy may be charged, at her discretion, to her available sick days. However, the teacher is not entitled to take accumulated sick leave days when the teacher's physician certifies that the teacher is capable of performing the teacher's regular teaching duties. The teacher is entitled to complete the remaining leave without pay. However, the teacher may receive compensation for the pregnancy leave pursuant to a collective bargaining agreement or, if the teacher is not represented by an exclusive representative, by board policy Employment policies relating to pregnancy and childbirth shall be governed by the following: b. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority, and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to the employee's pregnancy or giving birth, on the same terms and conditions as they are applied to other temporary disabilities. c. Disabilities caused or contributed to by legal abortion and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any temporary disability or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority, and other benefits and privileges, reinstatement, and payment under any temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to legal abortion on the same terms and conditions as they are applied to other temporary disabilities. The employer may elect to exclude health insurance coverage for abortion from a plan provided by the employer, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion. d. An employer shall not terminate the employment of a person disabled by pregnancy because of the employee's pregnancy. e. Where a leave is not available or a sufficient leave is not available under any health or temporary disability insurance or sick leave plan available in connection with employment, the employer of the pregnant employee shall not refuse to grant to the employee who is disabled by the pregnancy a leave of absence if the leave of absence is for the period that the employee is disabled because of the employee's pregnancy, childbirth, or related medical conditions, or for eight weeks, whichever is less. However, the employee must provide timely notice of the period of leave requested and the employer must approve any change in the period requested before the change is effective. Before granting the leave of absence, the employer may require that the employee's disability resulting from pregnancy be verified by medical certification stating that the employee is not able to reasonably perform the duties of employment. This section shall not apply to: a. Any

35 Kansas Ketucky employer who regularly employs less than four individuals. For purposes of this subsection, individuals who are members of the employer's family shall not be counted as employees. b. The employment of individuals for work within the home of the employer if the employer or members of the employer's family reside therein during such employment. c. The employment of individuals to render personal service to the person of the employer or members of the employer's family. d. Any bona fide religious institution or its educational facility, association, corporation, or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution, shall be presumed to be a bona fide occupational qualification (a) A written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy is prima facie discrimination. (b) Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom, are for all job related purposes, temporary disabilities and should be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities. (c) Where the termination of an employee who is temporarily disabled is caused by an employment policy under which insufficient or no leave is available, such termination is discriminatory if it has a disparate impact on employees of one sex and is not justified by business necessity. (d) Childbearing must be considered by the employer to be a justification for a leave of absence for female employees for a reasonable period of time. Following childbearing, and upon signifying her intent to return within a reasonable time, such female employee shall be reinstated to her original job or to a position of like status and pay without loss of service, credits, seniority or other benefits. 101 KAR 2:102 Section 3. (1) An appointing authority shall comply with the requirements of the Family and Medical Leave Act (FMLA) of 1993, 20 USC 2601, et seq., and the federal regulations implementing the Act, 29 CFR Part 825. (2) An employee in state service shall qualify for twelve (12) weeks of unpaid family leave if the employee has: (a) Completed twelve (12) months of service; and (b) Worked or been on paid leave at least 1,250 hours in the twelve (12) months immediately preceding the first day of family and medical leave. (3) Family and medical leave shall be awarded on a calendar year basis. (4) An employee shall be entitled to a maximum of twelve (12) weeks of accumulated annual or sick leave, unpaid family and medical leave, or a combination thereof, for the birth, placement, or adoption of a child. (5) While an employee is on unpaid family and medical leave, the state contribution for health and life insurance shall be maintained by the employer. (6) If the employee would qualify for family and medical leave, but has an annual, compensatory or sick leave balance, upon the employee's request, the agency shall permit: (a) The employee to reserve ten (10) days of accumulated sick leave and be placed on FMLA leave; or (b) The employee to use accrued paid leave concurrently with FMLA leave. KRS Upon receiving written request by an employee, every employer shall grant reasonable personal leave not to exceed six (6) weeks when the reception of an adoptive child under the age of seven (7) is the reason for such request. KRS (1) Upon written request of a teacher or superintendent, a board of education may grant a leave of absence for a period of not more than two (2) consecutive school years for educational or professional purposes, and shall grant such leave where illness, maternity, adoption of a child or children, or other disability is the reason for the request. Upon subsequent request, such leave may be renewed by the board. A board of education may pay a sum of

36 money equivalent to all or any portion of salary to a teacher or superintendent who has been granted leave for educational or professional purposes if the person taking said leave agrees in writing to return to employment with the board for no less than two (2) years. (2) Without request, a board of education may grant leave of absence and renewals thereof to any teacher or superintendent because of physical or mental disability, but such teacher or superintendent shall have the right to a hearing and appeal on such unrequested leave of absence or its renewal in accordance with the provisions for hearing and appeal in KRS (3) Upon the return to service of a teacher or superintendent at the expiration of a leave of absence, he shall resume the contract status which he held prior to such leave. (4) Payments to any teacher or superintendent under this section by a local district are intended and presumed to be for and in consideration of services rendered and for the benefit of the common schools and such payments do not affect the eligibility of any school district to share in the distribution of funds from the public school funds as established in KRS Chapter 157. Louisiana [Note: Kentucky provisions regarding family-related leave apply only to employees in state service.] 23:341 Application A. The provisions of this Part shall apply only to an employer who employs more than twenty-five employees within this state for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. B.(1) For purposes of this Part, pregnancy, childbirth, and related medical conditions are treated as any other temporary disability. However, no employer shall be required to provide a female employee disability leave on account of normal pregnancy, childbirth, or related medical condition for a period exceeding six weeks. (2) Nothing in this Part shall be construed to require an employer to provide his employees with health insurance coverage for the medical costs of pregnancy, childbirth, or related medical conditions. The inclusion in any such health insurance coverage of any provisions or coverage relating to medical costs of pregnancy, childbirth, or related medical conditions shall not be construed to require the inclusion of any other provisions or coverage, nor shall coverage of any related medical conditions be required by virtue of coverage of any medical costs of pregnancy, childbirth, or other related medical conditions. C. The provisions of this Chapter shall apply to the awarding of a contract or subcontract for providing goods or services. Acts 1997, No. 1409, 1, eff. Aug. 1, 1997; Acts 1999, No. 1366, 1. 23:342 - Unlawful practice by employers prohibited; pregnancy, childbirth, or related medical condition; benefits- It shall be an unlawful employment practice unless based upon a bona fide occupational qualification: (1) For any employer, because of the pregnancy, childbirth, or related medical condition of any female employee, to refuse to promote her, or to refuse to select her for a training program leading to promotion, provided she is able to complete the training program at least three months prior to the anticipated date of departure for her pregnancy leave, or to discharge her from employment or from a training program leading to promotion, or to discriminate against her in compensation or in terms, conditions, or privileges of employment. (2) For any employer to refuse to allow a female employee affected by pregnancy, childbirth, or related medical conditions either: (a) To receive the same benefits or privileges of employment granted by that employer to other persons not so affected who are similar in their ability or inability to work, including to take disability or sick leave or any other accrued leave which is made available by the employer to temporarily disabled employees. (b) To take a leave on account of pregnancy for a reasonable period of time, provided such period shall not exceed four months. Such employee shall be entitled to utilize any accrued vacation leave during this period of time. "Reasonable period of time" means that period during which the female employee is disabled on account of pregnancy, childbirth, or related medical conditions. Nothing herein shall be construed to limit the provisions of R.S. 23:341(C) or Subparagraph (2)(a) of this Section. An employer may require any employee who plans to take a leave pursuant to this Section to give the employer reasonable notice of the date such leave shall commence and the estimated duration of such leave. (3) For an employer who has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily

37 disabled employees to less strenuous or hazardous positions for the duration of the disability to refuse to transfer a pregnant female employee who so requests. (4) For any employer to refuse to temporarily transfer a pregnant female employee to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where such transfer can be reasonably accommodated, provided, however, that no employer shall be required by this Part to create additional employment which the employer would not otherwise have created, nor shall such employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job A (1) Every parish and city school board shall permit each "employee," as defined in R.S. 17:1205, to take up to ninety days of extended sick leave in each six-year period of employment which may be used for personal illness or illness of an immediate family member in the manner provided in this Subsection at any time that the employee has no remaining regular sick leave balance. (2) As used in this Section the following terms shall have the following meanings: (a) "Child" means a biological son or daughter, an adopted son or daughter, a foster son or daughter, a stepson or stepdaughter, or a legal ward of an employee standing in loco parentis to that ward who is either under the age of eighteen, or who is eighteen years of age but under twenty-four years of age and is a full-time student, or who is nineteen years of age or older and incapable of self-care because of a mental or physical disability. (b) "Immediate family member" means a spouse, parent, or child of an employee. (c) "Parent" means the biological parent of an employee or an individual who stood in loco parentis to the employee. B.(1) Unused days during any six-year period of employment shall not cumulate or carry forward into the next six-year period of employment. (2) The balance of days of extended leave available to an employee shall transfer with such employee from one public school employer to another without loss of days and without restoration of days. (3) Interruptions of service between periods of employment with a public school employer shall not be included in any calculation of a six-year period, such that any employment with any public school employer, regardless of when it occurs, shall be included in any determination of the balance of days of extended sick leave available to an employee. C.(1) All time while on extended sick leave is regular service time for all purposes for which service time is calculated or used. (2) Any employee on extended sick leave shall be paid sixty-five percent of the salary paid to him at the time the extended sick leave begins. D.(1) No employee may undertake additional gainful employment while on extended sick leave, unless all of the following conditions are met: (a) The employee can demonstrate that he will be working not more than twenty hours a week in a part-time job that he has been working for not less than one hundred twenty days prior to the beginning of any period of extended sick leave. (b) The physician who certifies the medical necessity of the leave indicates that such part-time work does not impair the purpose for which the extended leave is required. (2) Any 1 violation of this prohibition may require the employee to return to the employer all compensation paid during any week of extended leave in which the employee worked more than twenty hours and to reimburse the employer all related employment costs attributable to such period as calculated by the employer, without any restoration of such days. E.(1)(a) On every occasion when an employee uses extended sick leave, a statement from a licensed physician certifying that the leave is medically necessary for the employee or that the immediate family member's illness is serious and requires the presence of the employee shall be presented prior to the extension of such leave. (b) The physician statement required by this Paragraph may be presented and the extended sick leave may be requested subsequent to the employee's return to service. In such a case, the extended leave shall be granted for all days for which such leave is requested and the required documentation is presented provided the leave is requested and the required documentation is presented within three days after the employee returns to service. (2)(a) If the board, upon review of the application, questions the validity or accuracy of the certification, the employer may require the employee or the immediate family member, as a condition for continued extended leave, to be examined by a licensed physician selected by the employer. In such a case, the employer shall pay all costs of the examination and any tests determined to be necessary. If the physician selected by the employer finds medical necessity, the eave shall be granted. (b) If the physician selected by the public school employer disagrees with the certification of the physician selected by the employee or the immediate

38 Maine family member, then the employer may require the employee or the immediate family member, as a condition for continued extension of sick leave, to be examined by a third licensed appropriate physician whose name appears next in the rotation of physicians on a list established by the local medical society for such purpose and maintained by the board. All costs of an examination and any SB required tests by a third doctor shall be paid by the employer. The opinion of the third physician shall be determinative of the issue. (c) The opinion of all physicians consulted as provided in this Paragraph shall be submitted to the board in the form of a sworn statement which shall be subject to the provisions of R.S. 14:125. (d)(i) In addition to the authority provided in R.S. 17:1206(A)(1), the board shall adopt a policy regarding providing for employees suffering from catastrophic and long-term illness. (ii) The board may, as part of a collective bargaining agreement, or by its own policy provide additional compensation or extended leave days in excess o what is required in this Section. (3) All information contained in any statement from a physician shall be confidential and shall not be subject to the public records law Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Employee" means any person who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment and who has been employed by the same employer for at least 12 months and has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the employee's family military leave. "Employee" includes an independent contractor. B. "Employee benefits" means all benefits, other than salary and wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance and pensions, regardless of whether benefits are provided by a policy or practice of an employer. C. "Employer" means: (1) Any person, partnership, corporation, association or other business entity; and (2) The State, a county, a municipality or any political subdivision. D. "Family military leave" means leave requested by an employee who is the spouse or parent of a person who is a Maine resident and is called to military service lasting longer than 180 days with the State or United States pursuant to the orders of the Governor or the President of the United States. 2. Family military leave requirement. Subject to the requirements of subsection 3, an employer that employs 50 or more employees shall provide up to 15 days per year of family military leave to an employee during the time federal or state deployment orders are in effect for the spouse or child of the employee. Family military leave granted under this section may consist of unpaid leave. 3. Notice requirements. An employee taking family military leave under this section is subject to the following. A. The employee must give at least 14 days' notice of the intended date upon which the family military leave will commence if leave will consist of 5 or more consecutive work days. B. An employee taking family military leave for fewer than 5 consecutive work days must give the employer advance notice as is practicable. C. The employee shall consult with the employer to attempt to schedule the leave so as to not unduly disrupt the operations of the employer. 4. Certification. An employer may require certification from the proper military authority to verify an employee's eligibility for the family military leave requested pursuant to this section. 5. Other leave exhausted. An employee may take family military leave under this section only if the employee has exhausted all accrued vacation leave, personal leave, compensatory leave and any other leave, except sick leave and disability leave, that may be granted to the employee. 843 As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. Employee. "Employee" means any person who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment but does not include an independent contractor. 2. Employee benefits. "Employee benefits" means all benefits, other than salary and wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance and pensions, regardless of whether benefits are provided by a policy or practice of an employer. 3. Employer. "Employer" means: A. Any person, sole proprietorship, partnership, corporation, association or other business entity that employs 15 or more employees at one

39 location in this State;B. The State, including the executive, legislative and judicial branches, and any state department or agency that employs any employees; C. Any city, town or municipal agency that employs 25 or more employees; and D. 4. "Family medical leave" means leave requested by an employee for: A. Serious health condition of the employee; B. The birth of the employee's child; C. The placement of a child 16 years of age or less with the employee in connection with the adoption of the child by the employee; D. A child, domestic partner's child, parent, domestic partner, sibling or spouse with a serious health condition; E. The donation of an organ of that employee for a human organ transplant; or The death or injury of the employee's spouse if the employee's spouse as a member of the state military forces, as defined in Title 37- B, section 102, or the United States Armed Forces, including the National Guard and Reserves, was killed or injured while on active duty. F. The death or serious health condition of the employee's spouse, domestic partner, parent, sibling or child if the spouse, domestic partner, parent, sibling or child as a member of the state military forces, as defined in Title 37-B, section 102, or the United States Armed Forces, including the National Guard and Reserves, dies or incurs a serious health condition while on active duty. 4-A. Health care provider. "Health care provider" means: A. A doctor of medicine or osteopathy who is licensed to practice medicine or surgery in this State; or B. Any other person determined by the Secretary of Labor to be capable of providing health care services. 5. Serious illness. 6. Serious health condition. "Serious health condition" means an illness, injury, impairment or physical or mental condition that involves: A. Inpatient care in a hospital, hospice or residential medical care facility; or B. Continuing treatment by a health care provider Every employee who has been employed by the same employer for 12 consecutive months is entitled to up to 10 work weeks of family medical leave in any 2 years unless employed at a permanent work site with fewer than 15 employees. The following conditions apply to family medical leave granted under this subchapter: A. The employee must give at least 30 days' notice of the intended date upon which family medical leave will commence and terminate, unless prevented by medical emergency from giving that notice; B. The employer may require certification from a physician to verify the amount of leave requested by the employee, except that an employee who in good faith relies on treatment by prayer or spiritual means, in accordance with the tenets and practice of a recognized church or religious denomination, may submit certification from an accredited practitioner of those healing methods; and C. The employer and employee may negotiate for more or less leave, but both parties must agree. Intermittent or reduced leave schedule family medical leave may be taken subject to the following limitations: A. Leave for a reason described in section 843, subsection 4, paragraph B or C may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer agree otherwise. Subject to subsection 1, paragraphs A and B, leave for a reason described in section 843, subsection 4, paragraph A, D or E may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this paragraph may not result in a reduction in the total amount of leave to which the employee is entitled under subsection 1 beyond the amount of leave actually taken. B. If an employee requests intermittent leave, or leave on a reduced leave schedule, for a reason described in section 843, subsection 4, paragraph A, D or E that is foreseeable based on planned medical treatment, the employer may require such employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that: (1) Has equivalent pay and benefits; and (2) Better accommodates recurring periods of leave than the regular employment position of the employee Any employee who exercises the right to family medical leave under this subchapter, upon expiration of the leave, is entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This subsection does not apply if the employer proves that the employee was not restored as provided in this subsection because of conditions unrelated to the employee's exercise of rights under this subchapter. 2.

40 Maintenance of employee benefits. During any family medical leave taken under this subchapter, the employer shall make it possible for employees to continue their employee benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave Benefit accrual. The taking of family medical leave under this subchapter shall not result in the loss of any employee benefit accrued before the date on which the leave commenced. 2. Effect on collective bargaining. Nothing in this subchapter may be construed to affect an employer's obligation to comply with any collective bargaining agreement or employee benefit plan that provides greater family medical leave rights to employees than the rights provided under this subchapter. 3. Rights not diminished. The family medical leave rights mandated by this subchapter may not be diminished by any collective bargaining agreement or by any employee benefit plan. 4. Contract rights. Nothing in this subchapter may be construed to affect or diminish the contract rights or seniority status of any other employee of any employer covered by this subchapter. Maryland Unlawful interference or denial of rights. The employer may not interfere with, restrain or deny the exercise of or the attempt to exercise any right provided by this subchapter. 2. Unlawful discrimination against exercise of rights. The employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for exercising any right provided by this subchapter. 3. Unlawful discrimination against opposition. The employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for opposing any practice made unlawful by this subchapter. Article 49B Sec. 17 Disabilities caused or contributed to by pregnancy or childbirth, are temporary disabilities for all job-related purposes, and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities subject to the provisions of this section (a) This subtitle applies to an employer who provides leave with pay to an employee following the birth of the employee's child. (b) An employer who provides leave with pay to an employee following the birth of the employee's child shall provide the same leave with pay to an employee when a child is placed with the employee for adoption A classified service or unclassified service employee in the State Personnel Management System may use sick leave when a child is placed with the employee for adoption (Secs and 7-502) Specifically, with the approval of the head of the employee's principal department or other independent unit, an employee who is primarily responsible for the care and nurturing of a child may use, without certification of illness or disability, up to 30 days of accrued sick leave to care for the child during the period immediately following the placement of the child with the employee for adoption. Additionally, with the approval of the head of the employee's principal department or other independent unit, an employee who is secondarily responsible for the care and nurturing of a child may use, without certification of illness or disability, up to 10 days of accrued sick leave to care for the child during the period immediately following the placement of the child with the employee for adoption Regulations implementing federal Family and Medical Leave Act. (a) In general.- The Secretary shall adopt regulations, guidelines, or policies implementing the federal Family and

41 Medical Leave Act of (b) Concurrent use of other available leave.- The regulations adopted by the Secretary may require an eligible employee to use other available accrued leave concurrently with family and medical leave. Massachusetts 149: 105D A female employee who has completed the initial probationary period set by the terms of her employment or, if there is no such probationary period, has been employed by the same employer for at least three consecutive months as a full-time employee, who is absent from such employment for a period not exceeding eight weeks for the purpose of giving birth or for adopting a child under the age of eighteen or for adopting a child under the age of twenty-three if the child is mentally or physically disabled, said period to be hereinafter called maternity leave, and who shall give at least two weeks' notice to her employer of her anticipated date of departure and intention to return, shall be restored to her previous, or a similar, position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of her leave. Said maternity leave may be with or without pay at the discretion of the employer. Such employer shall not be required to restore an employee on maternity leave to her previous or a similar position if other employees of equal length of service credit and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such maternity leave; provided, however, that such employee on maternity leave shall retain any preferential consideration for another position to which she may be entitled as of the date of her leave. Such maternity leave shall not affect the employee's right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave, and any other advantages or rights of her employment incident to her employment position; provided, however, that such maternity leave shall not be included, when applicable, in the computation of such benefits, rights, and advantages; and provided, further, that the employer need not provide for the cost of any benefits, plans, or programs during the period of maternity leave unless such employer so provides for all employees on leave of absence. Nothing in this section shall be construed to affect any bargaining agreement or company policy which provides for greater or additional benefits than those required under this section. A notice of this provision shall be posted in every establishment in which females are employed. For the purposes of this section, an ""employer'' shall be defined as in subsection 5 of section one of chapter one hundred and fifty-one B. 149:52D (a) As used in this section, terms shall have the meanings assigned to them by the federal act, notwithstanding any contrary provision of section 1 of this chapter. In addition, the following terms shall have the following meanings: ""Elderly relative'', an individual of at least 60 years of age who is related by blood or marriage to the employee, including a parent. ""Federal act'', sections 101 to 105, inclusive, of the Family and Medical Leave Act of 1993, 29 U.S.C. sections 2611 to 2615, inclusive, as it may be amended. ""School'', a public or private elementary or secondary school; a Head Start program assisted under the Head Start Act, 42 U.S.C. sections 9831 et seq.; and a children's day care facility licensed under chapter 28A. (b) An eligible employee shall be entitled to a total of 24 hours of leave during any 12-month period, in addition to leave available under the federal act, to: (1) participate in school activities directly related to the educational advancement of a son or daughter of the employee, such as parent-teacher conferences or interviewing for a new school; (2) accompany the son or daughter of the employee to routine medical or dental appointments, such as check-ups or vaccinations; and (3) accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other professional services related to the elder's care, such as interviewing at nursing or group homes. (c) Unless this section provides otherwise, the terms of the federal act shall apply to leave under this section. As provided in section 102(d)(2)(A) of the federal act, 29 U.S.C. section 2612(d)(2)(A), an eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for any of the leave provided under this section, but nothing in this section shall require an employer to provide paid sick leave or paid medical leave in any situation in which the employer would not normally provide any such paid leave. Leave under this section may be taken intermittently or on a reduced leave schedule. (d) If the necessity for leave under

42 Minnesota this section is foreseeable, the employee shall provide the employer with not less than seven days' notice before the date the leave is to begin. If the necessity for leave is not foreseeable, the employee shall provide such notice as is practicable. (e) An employer may require that a request for leave under this section be supported by a certification issued at such time and in such manner as the attorney general may by regulation require. (f) The attorney general shall enforce this section, and may obtain injunctive or declaratory relief for this purpose. Violation of this section shall be subject to the second paragraph of section 150 and to section An employer who permits paternity or maternity time off to a biological father or mother shall, upon request, grant time off, with or without pay, to an adoptive father or mother. The minimum period of this time off shall be four weeks, or, if the employer has an established policy of time off for a biological parent which sets a period of time off of less than four weeks, that period of time shall be the minimum period for an adoptive parent. The period of time off shall, at the direction of the adoptive parent, begin before, or at the time of, the child's placement in the adoptive parent's home, and shall be for the purpose of arranging the child's placement or caring for the child after placement. An employer shall not penalize an employee for requesting or obtaining time off according to this section Subdivision 1. Scope. For the purposes of sections to , the terms defined in this section have the meanings given them. Subd. 2. Employee. "Employee" means a person who performs services for hire for an employer from whom a leave is requested under sections to for: (1) at least 12 consecutive months immediately preceding the request; and (2) for an average number of hours per week equal to one-half the full-time equivalent position in the employee's job classification as defined by the employer's personnel policies or practices or pursuant to the provisions of a collective bargaining agreement, during those 12 months. Employee includes all individuals employed at any site owned or operated by the employer but does not include an independent contractor. Subd. 3. Employer. "Employer" means a person or entity that employs 21 or more employees at at least one site, except that, for purposes of the school leave allowed under section , employer means a person or entity that employs one or more employees in Minnesota. The term includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, town, city, school district, or other governmental subdivision. Subd. 4. Child. "Child" means an individual under 18 years of age or an individual under age 20 who is still attending secondary school Subdivision 1. Six-week leave; birth or adoption. An employer must grant an unpaid leave of absence to an employee who is a natural or adoptive parent in conjunction with the birth or adoption of a child. The length of the leave shall be determined by the employee, but may not exceed six weeks, unless agreed to by the employer. Subd. 2. Start of leave. The leave shall begin at a time requested by the employee. The employer may adopt reasonable policies governing the timing of requests for unpaid leave. The leave may begin not more than six weeks after the birth or adoption; except that, in the case where the child must remain in the hospital longer than the mother, the leave may not begin more than six weeks after the child leaves the hospital. Subd. 3. No employer retribution. An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this section. Subd. 4. Continued insurance. The employer must continue to make coverage available to the employee while on leave of absence under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents. Nothing in this section requires the employer to pay the costs of the insurance or health care while the employee is on leave of absence SICK BENEFITS; CARE OF RELATIVES.(a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's minor or adult child, spouse, sibling, parent, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the

43 4employer's general assets.(b) For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits.(c) This section does not prevent an employer from providing greater sick leave benefits than are provided for under this section, nor does it alter an employer's existing sick leave policies or labor agreements that allow the use of sick leave for the care of a minor or adult child, spouse, sibling, parent, grandparent, or stepparent Subdivision 1. (a) An employee returning from a leave of absence under section is entitled to return to employment in the employee's former position or in a position of comparable duties, number of hours, and pay. An employee returning from a leave of absence longer than one month must notify a supervisor at least two weeks prior to return from leave. An employee returning from a leave under section or is entitled to return to employment in the employee's former position. (b) If, during a leave under sections to , the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position. In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave. Subd. 2. Pay; benefits; on return. An employee returning from a leave of absence under sections to is entitled to return to employment at the same rate of pay the employee had been receiving when the leave commenced, plus any automatic adjustments in the employee's pay scale that occurred during leave period. The employee returning from a leave is entitled to retain all accrued preleave benefits of employment and seniority, as if there had been no interruption in service; provided that nothing in sections to prevents the accrual of benefits or seniority during the leave pursuant to a collective bargaining or other agreement between the employer and employees. Subd. 3. Part-time return. An employee, by agreement with the employer, may return to work part time during the leave period without forfeiting the right to return to employment at the end of the leave period, as provided in sections to Mississippi Missouri (2) Major medical leave may be used for the illness or injury of an employee of the state or member of the employee's immediate family as defined in subsection (3) of this section, only after the employee has used one (1) day of accrued personal or compensatory leave for each absence due to illness, or leave without pay if the employee has no accrued personal or compensatory leave. Provided that faculty members employed by the eight (8) public universities on a nine-month basis may use major medical leave for the first day of absence due to illness. However, major medical leave may be used, without prior use of personal leave, to cover regularly scheduled visits to a doctor's office or a hospital for the continuing treatment of a chronic disease, as certified in advance by a physician. For the purposes of this section, "physician" means a doctor of medicine, osteopathy, dental medicine, podiatry or chiropractic. For each absence due to illness of thirty-two (32) consecutive working hours (combined personal leave and major medical leave) major medical leave shall be authorized only when certified by their attending physician. [Note: Mississippi provisions regarding family medical leave apply only to state employees.] An adoptive parent who is employed by the state of Missouri, its departments, agencies, or political subdivisions, may use his or her accrued sick leave, annual leave, or the same leave without pay granted to biological parents to take time off for purposes of arranging for the adopted child's placement or caring for the child after placement. The employer shall not penalize an employee for requesting or obtaining time off according to this section. 2. A stepparent, as defined in section , RSMo, who is employed by the state of Missouri, its departments*, agencies, or political subdivisions, may use his or her accrued sick leave, annual leave or the same leave without pay granted to biological parents to take time off to care for his or her stepchild. The employer shall not penalize an employee for requesting or obtaining time

44 off according to this section. 3. The leave authorized by this section may be requested by the employee only if the employee is the person who is primarily responsible for furnishing the care and nurture of the child. Montana [Note: Missouri provisions regarding adoption leave apply only to public employees.] It shall be unlawful for an employer or his agent to: (1) terminate a woman's employment because of her pregnancy; (2) refuse to grant to the employee a reasonable leave of absence for such pregnancy; (3) deny to the employee who is disabled as a result of pregnancy any compensation to which she is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by her employer, provided that the employer may require disability as a result of pregnancy to be verified by medical certification that the employee is not able to perform her employment duties; or (4) require that an employee take a mandatory maternity leave for an unreasonable length of time Upon signifying her intent to return at the end of her leave of absence, such employee shall be reinstated to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other service credits unless, in the case of a private employer, the employer's circumstances have so changed as to make it impossible or unreasonable to do so (1) The department of administration shall develop a parental leave policy for permanent state employees. The policy must permit an employee to take a reasonable leave of absence and permit the employee to use sick leave immediately following the birth or placement of a child for a period not to exceed 15 working days if: (a) the employee is adopting a child; or (b) the employee is a birth father. (2) As used in this section, "placement" means placement for adoption as defined in (3) A state agency that is not subject to the provisions of the Family and Medical Leave Act of 1993, 29 U.S.C through 2654, may extend the provisions of that act to the employees of the agency. Nebraska Nevada [Note: Montana provisions regarding parental leave apply only to state employees.] (1) Except as provided in subsection (2) of this section, whenever an employer, including a governmental agency, permits an employee to take a leave of absence upon the birth of the employee's child, an adoptive parent, following the commencement of the parent-child relationship, is entitled to the same leave upon the same terms. (2) The adoptive parent leave of absence is not required if the child being adopted is a special needs child over eighteen years of age, a child who is over eight years of age and is not a special needs child, a stepchild being adopted by his or her stepparent, a foster child being adopted by his or her foster parent, or a child who was originally under a voluntary placement for purposes other than adoption without assistance from an attorney, physician, or other individual or agency which later results in a petition for the adoption of the child by the person with whom the voluntary placement was made. (3) For purposes of this section, commencement of the parent-child relationship means when the child is placed with the employee for the purposes of adoption. (4) Whenever an employer, including a governmental agency, refuses to extend a child-care leave of absence to an adoptive parent in violation of this section, an aggrieved adoptive parent may bring an action for equitable relief and damages. In all actions brought pursuant to this section, reasonable attorney's fees, as determined by the court, shall be awarded to the prevailing party if the prevailing party is the adoptive parent Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service. Leave of absence must be granted to any person holding a position in the classified service to permit acceptance of a position in the Legislative Branch during a regular or special session of the Legislature, including a reasonable period before and after the session if the entire

45 period of employment in the Legislative Branch is continuous. 2. If a person is granted a leave of absence without pay to permit acceptance of an appointive position in the unclassified service or a position in the Legislative Branch, any benefits earned while he is in the: (a) Classified service are retained and must be paid by the employer in the classified service, whether or not the person returns to the classified service. (b) Unclassified service or employed by the Legislative Branch are retained and must be paid by the appointing authority in the unclassified service or by the Legislative Branch, if he does not return to the classified service, or by the employer in the classified service, if he returns to the classified service. 3. Any person in the unclassified service, except members of the academic staff of the University and Community College System of Nevada, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months. 4. Officers and members of the faculty of the University and Community College System of Nevada may be granted leaves of absence without pay as provided by the regulations prescribed pursuant to subsection 2 of NRS Except as otherwise provided in subsection 6, a person in the classified or unclassified service who: (a) Is the natural parent of a child who is less than 6 months old; or (b) Has recently adopted a child, employee must be granted, upon request, a leave of absence without pay for a period not to exceed 12 weeks. Such a request by natural parents must be submitted at least 3 months before the date upon which the requested leave will begin, unless a shorter notice is approved by the employer. Such a request by adoptive parents must be submitted not fewer than 2 working days after the parents receive notice of the approval of the adoption. This subsection does not affect the rights of an employee set forth in NRS or The provisions of subsection 5 are effective only if the Family and Medical Leave Act of 1993, 29 U.S.C et seq., or a subsequent federal law ceases to provide for a parental leave of absence of at least 12 weeks If an employer grants leave with pay, leave without pay, or leave without loss of seniority to his employees for sickness or disability because of a medical condition, it is an unlawful employment practice to fail or refuse to extend the same benefits to any female employee who is pregnant. The female employee who is pregnant must be allowed to use the leave before and after childbirth, miscarriage or other natural resolution of her pregnancy, if the leave is granted, accrued or allowed to accumulate as a part of her employment benefits The entitlement for family and medical leave for an eligible State employee is limited to a total of 12 weeks during a rolling 12-month period. 2. To calculate eligibility for leave pursuant to the Family and Medical Leave Act, each hour that an employee is in paid status in the 12-month period immediately preceding the leave must be considered as time worked. 3. Except as otherwise provided in subsection 4, an employee who meets the requirements for eligibility for leave pursuant to the Family and Medical Leave Act must exhaust his accrued sick leave, accrued annual leave, catastrophic leave and holiday pay before he may use leave of absence without pay for leave granted pursuant to the Family and Medical Leave Act. Such accrued sick leave, accrued annual leave, catastrophic leave and holiday pay runs concurrently with the leave granted pursuant to the Family and Medical Leave Act if the employee is otherwise eligible for that sick leave, annual leave, catastrophic leave or holiday pay. 4. If an employee is absent from work as the result of a work-related injury or illness and he meets the requirements for eligibility for leave due to a serious health condition pursuant to the Family and Medical Leave Act: (a) Any amount of time that the employee is absent from work during that period will be designated as leave pursuant to the Family and Medical Leave Act; and (b) The employee may elect to use paid leave for the portion of time that he is not being compensated for the work-related injury or illness. 5. Any leave granted pursuant to this section must be supported by medical documentation and approved by the appointing authority. 6. As used in this section, a rolling 12-month period means the 12-month period as measured backward from the date an employee uses any family and medical leave. [Note: Nevada provisions regarding parental/adoption leave apply only to state employees.]

46 New Hampshire New Jersey 354-A:7 VI. (a) For the purposes of this chapter, the word "sex' includes pregnancy and medical conditions which result from pregnancy. (b) An employer shall permit a female employee to take leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions. When the employee is physically able to return to work, her original job or a comparable position shall be made available to her by the employer unless business necessity makes this impossible or unreasonable. (c) For all other employment related purposes, including receipt of benefits under fringe benefit programs, pregnancy, childbirth, and related medical conditions shall be considered temporary disabilities, and a female employee affected by pregnancy, childbirth, or related medical conditions shall be treated in the same manner as any employee affected by any other temporary disability. 4A:6-1.3 (a) Full-time State employees shall be entitled to annual paid sick leave as set forth in (a)1 and 2 below. Full-time local employees shall be entitled to a minimum of annual paid sick leave as follows: 1. New employees shall only receive one working day for the initial month of employment if they begin work on the 1st through the 8th day of the calendar month, and onehalf working day if they begin on the 9th through the 23rd day of the month. 2. After the initial month of employment and up to the end of the first calendar year, employees shall be credited with one working day for each month of service. Thereafter, at the beginning of each calendar year in anticipation of continued employment, employees shall be credited with 15 working days. (b) Part-time and 10-month employees shall be entitled to a proportionate amount of paid sick leave. See N.J.A.C. 4A:3-3.8(e) for paid sick leave to which State employees in intermittent titles are entitled. (c) Paid sick days shall not accrue during a leave of absence without pay or suspension but shall continue to accrue during a voluntary furlough or furlough extension leave. (d) Sick leave credits shall not accrue after an employee has resigned or retired although his or her name is being retained on the payroll until exhaustion of vacation or other compensatory leave. (e) An employee who exhausts all paid sick days in any one year shall not be credited with additional paid sick leave until the beginning of the next calendar year. (f) Unused sick leave shall accumulate from year to year without limit, whether or not it was accrued prior to an intergovernmental transfer in accordance with N.J.A.C. 4A:4-7.1A, provided, however, that: 1. In the case of an intergovernmental transfer, a firefighter, or where a law enforcement officer, including a sheriff s officer and a county correction officer, has waived all accumulated sick leave, the sick leave shall accrue from the effective date of the transfer. (g) Sick leave may be used by employees who are unable to work because of: 1. Personal illness or injury (see N.J.A.C. 4A:6-21B for Federal family and medical leave); 2. Exposure to contagious disease (See N.J.A.C. 4A:6-1.21B for Federal family and medical leave); 3. Care, for a reasonable period of time, of a seriously ill member of the employee's immediate family (See N.J.A.C. 4A:1-1.3 for definition of immediate family, See N.J.A.C. 4A:6-1.21A for family leave under State law and See N.J.A.C. 4A:6-1.21B for Federal family and medical leave); or 4. Death in the employee's immediate family, for a reasonable period of time. (h) Sick leave may be used by an employee with a disability for absences related to the acquisition or use of an aid for the disability when the aid is necessary to function on the job. In such cases, reasonable proof may be required by the appointing authority. (i) See N.J.A.C. 4A: for the donated leave program Application: This Ordinance requires all those employed within the City of Jersey City to accrue either paid or unpaid sick time from their employer as mandated by this Ordinance utilizing the formula applied herein. Individuals who work for employers who employ ten (10) or more employees shall accrue compensated sick time. Individuals who work for employers who employ less than ten (I 0) employees shall accrue sick time. However, this sick time need not be compensated. Taking of sick time, whether compensated or not shall not be the basis of an adverse employment action. 3-52A. Accrual of Paid Sick Time. I. Employees shall accrue a minimum of one hour of paid sick time for every 30 hours worked. 2. Employers who employ ten or more employees for compensation are not required to provide more than 40 hours of paid.sick time in a calendar year. In determining the number of employees performing work for an employer, all employees

47 performing work for compensation on a full-time, part-time, or temporary basis shall be counted, provided that where the number of employees who work for an employer for compensation fluctuates, the number of employees may be determined for the current calendar year based upon the average number of employees who worked for compensation during the preceding calendar year. 3. Employees who are exempt from overtime requirements under 29 U.S.C. 20I et seq. of the Federal Fair Labor Standards Act are assumed to work 40 hours in each work week for purposes of paid sick time accrual unless their normal work week is less than 40 hours, in which case paid sick time accrues based upon that normal work week. 4. Paid sick time as provided in this section begins to accrue at the commencement of employment. 5. Employees begin to accrue paid sick time on the first day of employment. Employees are entitled to use accrued paid sick time beginning on. the 90th calendar. day of their employment. After the 90th calendar day of employment, employees may use paid sick time as it is accrued. 6. Paid sick time is carried over to the following calendar year except that no employer is required to carry over more than 40 hours of paid sick time from one calendar year to the next and nothing in this section entitles an employee to use more than 40 hours of paid sick time in a calendar year. 7. Any employer with a paid leave policy, such as a paid time off policy, that provides an amount of paid leave sufficient to meet the total annual accrual requirements of this section that may be used for the same purposes and under the same conditions as paid sick time under this Ordinance is not required to provide additional paid sick time. 8. Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for acc ued paid sick time that has not been used. 9. If an employee is transferred to a separate division, entity, or location, but remains employed by the same employer, the employee is entitled to all paid sick time accrued at the prior division, entity, or location and is entitled to use all paid sick time as provided in this section. If there is a separation from employment and the employee is rehired within six'{6) months of separation previously accrued paid' sick" time that had riot been used shall be reinstated. Further, the employee is entitled to use accrued paid sick time and accrue additional paid sick time at the re-commencement of employment. 10. When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all paid sick time accrued when employed by the.original employer and are entitled to use all paid sick leave previously accrued. 11. At its discretion, an employer may loan sick time to an employee in advance of accrual by such employee. 3-52B. Accrual of Unpaid Sick Time. 1. Employees who are not entitled to paid sick time under this ordinance, shall accrue a minimum of one hour of unpaid sick time for every 30 hours worked. 2. Employers who employ less than ten employees for compensation are not required to provide more than 40 hours of unpaid sick time in a calendar year. In determining the number of employees performing work for an employer, all employees performing work for compensation on a full-time, part-time, or temporary basis shall be counted, provided that where the number of employees who work for an employer for compensation fluctuates, business size may be determined for the current calendar year based upon the average number of employees who worked for compensation during the preceding calendar year. 3. Employees who are exempt from overtime requirements under 29 U.S.C. 201 et seq. of the Federal Fair Labor Standards Act are assumed to work 40 hours in. each work week for purposes of paid sick time accrual unless their normal work week is less than 40 hours, in which case paid sick time accrues based upon that normal work week. 4. Unpaid sick time as provided in this section begins to accrue at the commencement of employment. 5. Employees begin to accrue unpaid sick time on the first day of employment. Employees are entitled to use accrued unpaid sick time beginning on the 90th calendar day of their employment. After the 90th calendar day of employment, employees may use unpaid sick time as it is accrued. 6. Unpaid sick time is carried over to the following calendar year except that no employer is required to carry over more than 40 hours of unpaid sick time from orie calendar year to the next and nothing in this section entitles an employee to use more than 40 hours of unpaid sick time in

48 a calendar year. 7. Any employer with a paid leave policy, such as a paid time off policy, that provides an amount of paid leave sufficient to meet the total annual accrual requirements of this section that may be used for the same purposes and under the same conditions as paid sick time under this Ordinance is not required to provide additional paid sick time. 8. Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued paid sick time that has not been used. 9. If an employee is transferred to a separate division, entity, or location; but remains employed by the same employer, the employee is entitled to all unpaid sick time accrued at the prior division,.entity, or location and is entitled to use all unpaid sick time as provided in this section. If there is a separation from employment and the employee is rehired within six (6) months of separation, previously accrued unpaid sick time that had not been used shall be reinstated. Further, the employee is entitled to use accrued unpaid sick time and accrue additional unpaid sick time at the re-commencement of employment. 10. When a different employer succeeds or takes the place of an existing employer, a:ll employees of the original employer who remain employed by the successor employer are entitled to all paid sick time accrued when employed by the original employer and are entitled to use all paid sick leave previously accrued. 11. At its discretion, an employer may loan sick time to an employee in advance of accrual by such employee. 3-52C. Use of Sick Time. 1. Sick time shall be provided to an employee by an employer for: a. An employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical. illness, injury, or health condition; an employee's need for preventive medical care; b. Care of a family member with. a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis; care, or treatment of a mental or physical illness, injury, or health condition; care of a family member who needs preventive medical care; and c. Closure of the employee's place of business by order of a public official due to a public health emergency or an employee's need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the family member's presence in the community would jeopardize the health of others because of the family member's exposure.to a communicable disease, whether or not the family member has actually contracted the communicable disease. 2. Sick time shall be provided upon the oral request of an employee. 3. An employee shall give an employer notice of the need to use sick time.as soon as practicable. 4. An employer may not require, as a condition of an employee's taking sick time, that the employee search for or find a replacement worker to cover the hours during which the employee is absent. 5. Accrued sick time may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time. 6. For sick time of more than three (3) consecutive days, an employer may require reasonable documentation that the paid sick time has been used for a purpose covered by Section A of this Ordinance. Reasonable documentation includes: documentation signed by a heath care professional indicating that paid sick time is necessary. An employer may not require that the documentation explain the nature of the illness Exercise of Rights Protected; Retaliation Prohibited. A. No person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise any right protected under this Ordinance. B. No person shall retaliate against an employee because the employee has exercised rights protected under this Ordinance. C. The rights protected 'under this Ordinance include but are no limited to: the right request and use paid sick time pursuant to this Ordinance; the right to file a complaint or inform any person about any employer's alleged violation of this Ordinance; the right to cooperate with the Agency in its investigations of alleged violations of this Ordinance; the right to participate in any administrative or judicial action regarding an alleged violation of this chapter; and the right to inform any person of his or her potential rights under this Ordinance.D. It is unlawful for an employer's absence control policy to count paid

49 sick time taken under this Ordinance as an absence that may lead to or result iri discipline, discharge, demotion, suspension, or any other adverse action. E. Protections of this section apply to any person who mistakenly but in good faith alleges violations of this Ordinance. F. There is a rebuttable presumption of unlawful retaliation under this section whenever an employer takes adverse action against a person within 90 days of when that person: (a) files a complaint with the Agency or a court alleging a violation of any provision of this Ordinance; (b) informs any person about an employer's alleged violation of this Ordinance; (c) cooperates with the Agency or other persons in the investigation or prosecution of any alleged violation of this Ordinance; (d) opposes any policy; practice, or Ordinance that is unlawful under this Ordinance; or (e) informs any person of his or her potential rights under this Ordinance Notice and Posting. A. All employers shall give individual written notice to each of their employees at the commencement of the employee's employment (or as soon as practicable if the employee is already employed on the effective date of this law) regarding employee's rights under this Ordinance. Such notice shall describe the right to paid sick time, the accrual rate and the amount of paid sick time, and the terms of its use guaranteed under thfs Ordinance; the right to be free from retaliation for requesting use of paid sick time; and the right to file a complaint or bring a civil action if paid sick time is denied by the employer or the employee is retaliated against for requesting or taking paid sick time. Such notice shall be in English and the primary language spoken by that employee provided that the Department has made available a translation of such notice into such language. Employers shall also display a poster in a conspicuous and accessible place in each establishment where employees are employed containing notice of this Ordinance. The poster shall be in English and in any language that is the first language of at least 10% of the employer's workforce provided that the Department has made available a translation of such notice into such language. C. The Department shall create and make available to employers individual notices and posters. Notices and posters shall be provided in English, Spanish, Italian, Chinese, Polish, Portuguese, Tagalog, and any other languages selected by the Agency. D. An employer who violates the notice and posting requirements of this section is subject to a civil fine in an amount not to exceed $100 for each employee who was not given appropriate notice pursuant to this section and $500 for each establishment in which a poster was not displayed Employer Records. Employers shall retain for three years records documenting hours worked by employees and paid sick time taken by employees and.shall allow the Department reasonable access to such records, to monitor compliance with the requirements of this Ordinance. An employer's failure to maintain or retain adequate records documenting hours worked by an employee and. paid sick time taken by an employee create a rebuttable presumption that the employer has violated the Ordinance absent clear and convincing evidence Enforcement and Regulations. A. The Department shall coordinate implementation and enforcement of this Ordinance and shall promulgate appropriate guidelines or regulations for such purposes. B. The Department shall coordinate implementation and enforcement of this Ordinance, including, but not limited to: 1. establishing a system to receive complaints, in writing and by telephone, in English, Spanish, and any other language deemed appropriate by the Department regarding the employers non-compliance with this Ordinance; 2. investigate and resolve complaints received by the Department in a timely manner and keep complainants notified regarding the status of the investigation; 3. engage in pro-active enforcement of this Ordinance through the use of audits, on-site investigations, or other measures to ensure employer's compliance. Investigators from the Department shall be empowered to interview employees and former employees in private outside the presence of the employer, and the power to determine whether or not employers have complied with this Ordinance. The Department shall also have the power to inform residents of the City of their rights under this Ordinance. C. The Department shall maintain confidential the identity of any complaining person unless disclosure of the identity is necessary for resolution of the investigation. The Department shall, to the extent practicable, notify a complaining person that the Department will be disclosing

50 his or her identity prior to such a disclosure. D. The Department shall establish a system for reviewing and adjudicating complaints by employees. Employees deemed by the Department to be in violation of this Ordinance shall be subject to the penalty prescribed in 1-25 of the Municipal Code: the maximum penalty for violating this Ordinance shall be, in the discretion of the Court, a fine of up to$1, and/or a period of community service not excluding ninety (90) days. This penalty shall apply to each individual infraction of this Ordinance. This section shall not affect any mandatory minimum penalty established by any section of the Code or ordinance. E. Any person claiming to be aggrieved by the violation of this Ordinance may bring a cause of action in any court of competent jurisdiction. Submitting a complaint to the Department is neither a prerequisite nor a bar to bringing private action Confidentiality and Non-disclosure. An employer may not require disclosure of details relating to an employee's or an employee's family member's medical condition as a condition of providing paid sick time under this Ordinance. If an employer possesses health information about an employee or employee's family member, such information shall be treated as confidential and not disclosed except to the affected employee or with the permission of the affected employee Encouragement of More Generous Paid Sick Time Policies; No Effect on More Generous Policies. A. Nothing in this Ordinance shall be construed to discourage or prohibit an employer: from the adoption or retention of a paid sick time policy more generous than the one required herein. B. Nothing in this Ordinance shall be construed as diminishing the obligation of an employer to. comply with any contract, collective bargaining agreement, employment benefit 'if plan or other agreement provides more generous paid sick time to an employee than required herein. C. Nothing in this Ordinance shall be construed as diminishing the rights of public employees regarding paid sick time or use of paid sick time as provided in the laws of the State of New Jersey pertaining to public employees. 34:11B-4 An employee of an employer in this State subject to the provisions of this act shall be entitled to a family leave of 12 weeks in any 24-month period upon advance notice to the employer, unless the employer denies family leave to the employee pursuant to subsection h. of this section. a. In the case of a family member who has a serious health condition, the leave may be taken intermittently when medically necessary, if: (1) The total time within which the leave is taken does not exceed a 12-month period for each serious health condition episode; (2) The employee provides the employer with prior notice of the leave in a manner which is reasonable and practicable; and (3) The employee makes a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer. b. In the case of the birth or adoption of a healthy child, the leave may be taken intermittently if agreed to by the employer and the employee. c. Leave taken because of the birth or placement for adoption of a child may commence at any time within a year after the date of the birth or placement for adoption. d. Family leave required by this act may be paid, unpaid, or a combination of paid and unpaid leave. If an employer provides paid family leave for fewer than 12 workweeks, the additional weeks of leave added to attain the 12-workweek total required by this act may be unpaid. e. An employer may require that any period of family leave be supported by certification issued by a duly licensed health care provider or any other health care provider determined by the director to be capable of providing adequate certification. (1) Where the certification is for the serious health condition of a family member of the employee, the certification shall be sufficient if it states: (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; and (c) the medical facts within the provider's knowledge regarding the condition; (2) Where the certification is for the birth or placement of the child, the certification need only state the date of birth or date of placement, whichever is appropriate. In any case in which the employer has reason to doubt the validity of the certification provided pursuant to paragraph (1) of this subsection, the employer may require, at its own expense, that an employee obtain an opinion regarding the serious health condition from a second health care provider

51 designated or approved, but not employed on a regular basis, by the employer. If the second opinion differs from the certification provided pursuant to paragraph (1) of this subsection, the employer may require, at its own expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the serious health condition. The opinion of the third health care provider shall be considered to be final and shall be binding on the employer and the employee. f. In any case in which the necessity for leave under this act is foreseeable, based upon an expected birth or placement of the child for adoption, the employee shall provide the employer with prior notice of the expected birth or placement of the child for adoption in a manner which is reasonable and practicable. g. No employee shall, during any period of leave taken pursuant to this section, perform services on a full-time basis for any person for whom the employee did not provide those services immediately prior to commencement of the leave. h. An employer may deny family leave to the employee if: (1) The employee is a salaried employee who is among the highest paid 5% of the employer's employees or the seven highest paid employees of the employer, whichever is greater; (2) The denial is necessary to prevent substantial and grievous economic injury to the employer's operations; and (3) The employer notifies the employee of its intent to deny the leave at the time the employer determines that the denial is necessary. i. In any case in which the leave has already commenced at the time of the notification pursuant to paragraph (3) of subsection h. of this section, the employee shall return to work within 10 working days of the date of notification. 34:11B-5 An employee shall be entitled, at the option of the employee, to take this leave on a reduced leave schedule, except that: a. The employee shall not be entitled to a reduced leave schedule for a period exceeding 24 consecutive weeks; and b. The employee shall not be entitled to take the leave on a reduced leave schedule without an agreement between the employer and employee, if the leave is taken upon the birth or adoption of a healthy child. The employee shall make a reasonable effort to schedule reduced leave so as not to disrupt unduly the operations of the employer and the employee shall provide the employer with prior notice of the care, medical treatment, or continuing supervision by a health care provider necessary due to a serious health condition of a family member, in a manner which is reasonable and practicable. Leave taken on a reduced leave schedule shall not result in a reduction of the total amount of leave to which an employee is entitled. 34:11B-6 An employer shall display conspicuous notice of its employees' rights and obligations pursuant to the provisions of this act, and use other appropriate means to keep its employees so informed. 34:11B-7 An employee who exercises the right to family leave under section 4 of this act shall, upon the expiration of the leave, be entitled to be restored by the employer to the position held by the employee when the leave commenced or to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment. If during a leave provided by this act, the employer experiences a reduction in force or layoff and the employee would have lost his position had the employee not been on leave, as a result of the reduction in force or pursuant to the good faith operation of a bona fide layoff and recall system including a system under a collective bargaining agreement where applicable, the employee shall not be entitled to reinstatement to the former or an equivalent position. The employee shall retain all rights under any applicable layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave. 34:11B-8 a. During a leave taken under section 4 of this act, the employer shall maintain coverage under any group health insurance policy, group subscriber contract or health care plan at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously from the date the employee commenced the leave to the date the employee returns to work pursuant to section 7 of this act or the date on which the

52 employee's coverage would have expired had the employee not been on leave, whichever is sooner. b. During a leave taken under section 4 of this act, the employer shall provide any employment benefits that are not required to be maintained pursuant to subsection a. of this section pursuant to the employer's policy with regard to employment benefits for employees on temporary leave from employment. 34:11B-9 a. It shall be unlawful for any employer to interfere with, restrain or deny the exercise of, or the attempt to exercise, the rights provided under this act or to withhold the benefits provided for under this act. b. It shall be unlawful for an employer to discharge or discriminate against an individual for opposing a practice made unlawful by this act. c. It shall be unlawful for a person to discharge or discriminate against an individual because the individual: (1) has filed a charge, or has instituted or caused to be instituted a proceeding, under or related to this act; (2) has given or is about to give information in connection with an inquiry or proceeding relating to a right provided under this act; or (3) has testified or is about to testify in an inquiry or proceeding relating to a right provided under this act. 34:11B-13 Family leave granted under this act is in addition to, and shall not abridge nor conflict with, any rights pursuant to the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.). 34:11B-14 No provision of this act shall be deemed to justify an employer in reducing employment benefits provided by the employer or required by a collective bargaining agreement which are in excess of those required by this act. Nor shall any provision of this act, or any regulations promulgated to implement or enforce this act, be construed to prohibit the negotiation and provision through collective bargaining agreements of leave policies or benefit programs which provide benefits in excess of those required by this act. This provision shall apply irrespective of the date that a collective bargaining agreement takes effect. 43: This act shall be liberally construed as remedial legislation enacted upon the following declarations of public policy and legislative findings of fact: The public policy of this State, already established, is to protect employees against the suffering and hardship generally caused by involuntary unemployment. But the unemployment compensation law "unemployment compensation law" provides benefit payments to replace wage loss caused by involuntary unemployment only so long as an individual is "able to work, and is available for work," and fails to provide any protection against wage loss suffered because of inability to perform the duties of a job interrupted by nonoccupational illness, injury, or other disability of the individual or of members of the individual's family. Nor is there any other comprehensive and systematic provision for the protection of working people against loss of earnings due to a nonoccupational sickness or, accident, or other disability. The prevalence and incidence of nonoccupational sickness and, accident, and other disability among employed people is greatest among the lower income groups, who either cannot or will not voluntarily provide out of their own resources against the hazard of an earnings loss caused by nonoccupational sickness or, accident, or other disability. Disabling sickness or accident occurs throughout the working population at one time or another, and approximately fifteen per centum (15%) of the number of people at work may be expected to suffer disabling illness of more than one week each year. It has been found, prior to the enactment of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21 25 et seq.), that then existing voluntary plans for the payment of cash sickness benefits cover less than one half of the number of working people of this State who are now covered by the unemployment compensation law, and that even thisdegree of voluntary protection affords uneven, unequal and sometimes uncertain protection among the various voluntary benefit programs. While the enactment of that law has provided stable protection for New Jersey's disabled workers, very few workers are protected from income losses caused by the need to take time off from work to care for family members who are incapable of self-care, including newborn and newly-adopted children. The growing portion of middle-income families

53 in which all adult family members work, largely due to economic necessity, points to the desperate need for replacement income when a working family member must take time to care for family members who are unable to take care of themselves. Moreover, the United States is the only industrialized nation in the world which does not have a mandatory workplace-based program for such income support. It is therefore desirable and necessary to fill the gap in existing provisions for protection against the loss of earnings caused by involuntary unemployment, by extending such protection to meet the hazard of earnings loss due to inability to work caused by nonoccupational sickness or accident, or other disabilities of workers and members of their families. Developing systems that help families adapt to the competing interests of work and home not only benefits workers, but also benefits employers by reducing employee turnover and increasing worker productivity. The foregoing facts and considerations require that there be a uniform minimum program providing in a systematic manner for the payment of reasonable benefits to replace partially such earnings loss and to meet the continuing need for benefits where an individual becomes disabled during unemployment or needs to care for family members incapable of self-care. In order to maintain consumer purchasing power, relieve the serious menace to health, morals and welfare of the people caused by insecurity and the loss of earnings, to reduce the necessity for public relief of needy persons, to increase workplace productivity and alleviate the enormous and growing stress on working families of balancing the demands of work and family needs, and in the interest of the health, welfare and security of the people of this State, such a system, enacted under the police power, is hereby established, requiring the payment of reasonable cash benefits to eligible individuals suffering subject to accident or illness which is not compensable under the workmen's compensation law or who need to care for family members incapable of self-care. Since the enactment of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21 25 et seq.), the State government-operated State temporary disability benefits plan, or "State plan," has proven to be highly efficient and cost effective in providing temporary disability benefits to New Jersey workers. The State plan guarantees the availability of coverage for all employers, regardless of experience, with low overhead costs and a rapid processing of claims and appeals by knowledgeable, impartial public employees. Consequently, the percentage of all employers using the State plan increased from 64% in 1952 to 98% in 2006, while the percentage of employees covered by the State plan increased from 28% to 83%. A publicly-operated, nonprofit State plan is therefore indispensable to achieving the goals of the "Temporary Disability Benefits Law," P.L.1948, c : As used in this act, unless the context clearly requires otherwise: (a) (1) "Covered employer" means, with respect to whether an employer is required to provide benefits during an employee's own disability pursuant to P.L.1948, c.110 (C.43:21-25 et seq.), any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, who is an employer subject to the chapter to which this act is a supplement, designated as the "unemployment compensation law" (R.S.43:21 1 et seq.), except the State, its political subdivisions, and any instrumentality of the State unless such governmental entity elects to become a covered employer under the "Temporary Disability Benefits Law" pursuant to paragraph (2) of this subsection (a); provided, however, that commencing with the effective date of this act, the State of New Jersey, including Rutgers, The State University, the University of Medicine and Dentistry of New Jersey and the New Jersey Institute of Technology, shall be deemed a covered employer, as defined herein. "Covered employer" means, after June 30, 2009, with respect to whether the employer is an employer whose employees are eligible for benefits during periods of family temporary disability leave pursuant to P.L.1948, c.110 (C.43:21-25 et seq.), and, after December 31, 2008, whether employees of the employer are required to make contributions pursuant to R.S.43:21-7(d)(1)(G)(ii), any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company or domestic or foreign corporation, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, who is an employer subject to the

54 "unemployment compensation law" (R.S.43:21 1 et seq.), including any governmental entity or instrumentality which is an employer under R.S.43:21 19(h)(5), notwithstanding that the governmental entity or instrumentality has not elected to be a covered employer pursuant to paragraph (2) of this subsection (a). (2) Any governmental entity or instrumentality which is an employer under R.S.43:21 19(h)(5) may, with respect to the provision of benefits during an employee's own disability pursuant to P.L.1948, c.110 (C.43:21-25 et seq.), elect to become a "covered employer" under this subsection beginning with the date on which its coverage under subsection 19(h)(5) R.S.43:21-19(h)(5) begins or as of January 1 of any year thereafter by filing written notice of such election with the division within at least 30 days of the effective date. Such election shall remain in effect for at least two full calendar years and may be terminated as of January 1 of any year thereafter by filing with the division a written notice of termination at least 30 days prior to the termination date. (b) (1) "Covered individual" means, with respect to whether an individual is eligible for benefits during an individual's own disability pursuant to P.L.1948, c.110 (C.43:21-25 et seq.), any person who is in employment, as defined in the chapter to which this act is a supplement, unemployment compensation law (R.S.43:21-1 et seq.) for which the individual is entitled to remuneration from a covered employer, or who has been out of such employment for less than two weeks. However, except that a "covered individual" who is employed by the State of New Jersey, including Rutgers, The State University, the University of Medicine and Dentistry of New Jersey and the New Jersey Institute of Technology, or by any governmental entity or instrumentality which elects to become a "covered employer" pursuant to this amendatory act, shall not be eligible to receive any benefits under the "Temporary Disability Benefits Law" until such individual has exhausted all sick leave accumulated as an employee in the classified service of the State or accumulated under terms and conditions similar to classified employees or accumulated under the terms and conditions pursuant to the laws of this State or as the result of a negotiated contract with any governmental entity or instrumentality which elects to become a "covered employer." "Covered individual" shall not mean, with respect to whether an individual is eligible for benefits during an individual's own disability pursuant to P.L.1948, c.110 (C.43:21-25 et seq.), any member of the Division of State Police in the Department of Law and Public Safety. (2) "Covered individual" means, with respect to whether an individual is eligible for benefits during the individual s period of family temporary disability leave pursuant to P.L.1948, c.110 (C.43:21-25 et seq.), any individual who is in employment, as defined in the unemployment compensation law (R.S.43:21-1 et seq.), for which the individual is entitled to remuneration from a covered employer, or who has been out of that employment for less than two weeks. (c) "Division" or "commission" means the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development, and any transaction or exercise of authority by the director of the division shall be deemed to be performed by the division. (d) "Day" shall mean a full calendar day beginning and ending at midnight.(e) "Disability" shall mean such disability as is compensable under section 5 of this act. (f) "Disability benefits" shall mean any cash payments which are payable to a covered individual for all or part of a period of disability pursuant to this act. (g) "Period of disability" with respect to any covered individual shall mean the: (1) The entire period of time during which the covered individual is continuously and totally unable to perform the duties of his covered individual's employment because of the covered individual s own disability, except that two periods of disability due to the same or related cause or condition and separated by a period of not more than 14 days shall be considered as one continuous period of disability; provided the individual has earned wages during such 14 day period with the employer who was the individual's last employer immediately preceding the first period of disability: and (2) On or after July 1, 2009, the entire period of family temporary disability leave taken from employment by the covered individual. (h) "Wages" shall mean all compensation payable by covered employers to covered individuals for personal services, including commissions and bonuses and the cash value of all compensation payable in any medium other than cash. (i) (1) (Deleted by amendment, P.L.2001, c.17). (2) (Deleted by amendment, P.L.2001, c.17). (3) "Base week" with respect to periods of disability commencing on or after October 1, 1985 and before January 1, 2001, means any calendar week during which an covered individual earned in employment from a covered employer remuneration equal to not

55 less than 20% of the Statewide average weekly remuneration determined under subsection (c) of R.S.43:21 3, which shall be adjusted to the next (4) "Base week" with respect to periods an covered individual's base year during which the covered individual earned in employment from a covered employer remuneration not less than an amount 20 times the minimum wage in effect pursuant to section 5 of P.L.1966, c.113 (C.34:11 56a4) on October 1 of the calendar year preceding the calendar year in which the benefit year commences, which amount shall be adjusted to the next higher multiple of $1.00 if not already a multiple thereof, except that if in any calendar week an individual subject to this paragraph is in employment with more than one employer, the covered individual may in that calendar week establish a base week with respect to each of the employers from whom the covered individual earns remuneration equal to not less than the amount defined in this paragraph during that week. (j) (1) "Average weekly wage" means the amount derived by dividing a covered individual's total wages earned from the individual's most recent covered employer during the base weeks in the eight calendar weeks immediately preceding the calendar week in which a period of disability commenced, by the number of such base weeks. (2) If this computation in paragraph (1) of this subsection (j) yields a result which is less than the individual's average weekly earnings in employment, as defined in the chapter to which this act is a supplement, with all covered employers during the base weeks in such eight calendar weeks, then the average weekly wage shall be computed on the basis of earnings from all covered. (3) For periods of disability commencing on or after July 1, 2009, if the computations in paragraphs (1) and (2) of this subsection (j) both yield a result which is less than the individual's average weekly earnings in employment with all covered employers during the base weeks in the 26 calendar weeks immediately preceding the week in which the period of disability commenced, then the average weekly wage shall, upon a written request to the department by the individual on a form provided by the department, be computed by the department on the basis of earnings from all covered employers of the individual during the base weeks in those 26 calendar weeks, and, in the case of a claim for benefits from a private plan, that computation of the average weekly wage shall be provided by the department to the individual and the individual s employer. When determining the average weekly wage with respect to a period of family temporary disability leave for an individual who has a period of family temporary disability immediately after the individual has a period of disability for the individual s own disability, the period of disability is deemed to have commenced at the beginning of the period of disability for the individual s own disability, not the period of family temporary disability. (k) "Child" means a biological, adopted, or foster child, stepchild or legal ward of a covered individual, child of a domestic partner of the covered individual, or child of a civil union partner of the covered individual, who is less than 19 years of age or is 19 years of age or older but incapable of self-care because of mental or physical impairment. (l) "Domestic partner" means a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3). (m) Civil union means a civil union as defined in section 2 of P.L.2006, c.103 (C.37:1-29). (n) "Family member" means a child, spouse, domestic partner, civil union partner or parent of a covered individual. (o) "Family temporary disability leave" means leave taken by a covered individual from work with an employer to (1) participate in the providing of care for a family member of the individual made necessary by a serious health condition of the family member, including providing psychological comfort and arranging third party care for the family member; or (2) be with a child during the first 12 months after the child's birth, if the individual, or the domestic partner or civil union partner of the individual, is a biological parent of the child, or the first 12 months after the placement of the child for adoption with the individual. "Family temporary disability leave" does not include any period of time in which a covered individual is paid benefits pursuant to P.L.1948, c.110 (C.43:21-25 et seq.) because the individual is unable to perform the duties of the individual's employment due to the individual's own disability. (p) Health care provider means a health care provider as defined in the Family Leave Act, P.L.1989, c.261 (C.34:11B-1 et seq., and any regulations adopted pursuant to that act. (q) "Parent of a covered individual" means a biological parent, foster parent, adoptive parent, or stepparent of the covered individual or a person who was a legal guardian of the covered individual when the covered individual was a child. (r) "Placement for adoption" means the time when a covered individual adopts a child or becomes responsible for a child pending adoption

56 by the covered individual. (s) "Serious health condition" means an illness, injury, impairment or physical or mental condition which requires: inpatient care in a hospital, hospice, or residential medical care facility; or continuing medical treatment or continuing supervision by a health care provider. (t) 12-month period means, with respect to an individual who establishes a valid claim for disability benefits during a period of family temporary disability leave, the 365 consecutive days that begin with the first day that the individual first establishes the claim. 43: (a) In the case of the disability of a covered individual, disability shall be compensable subject to the limitations of this act, where a disability is the result of the covered individual suffers any accident or sickness not arising out of and in the course of the individual's employment or if so arising not compensable under Title 34 of the Revised Statutes R.S.34:15-1 et seq., and resulting in the individual's total inability to perform the duties of employment. (b) In the case of an individual taking family temporary disability leave, the leave shall be compensable subject to the limitations of P.L. c. (C. )(pending before the Legislature as this bill). (cf: P.L.1980, c.90, s.13) 43: (a) If the division is furnished satisfactory evidence that a majority of the employees covered by an approved private plan have made election in writing to discontinue such plan, the division shall withdraw its approval of such plan effective at the end of the calendar quarter next succeeding that in which such evidence is furnished. Upon receipt of a petition therefore signed by not less than 10% of the employees covered by an approved private plan, the division shall require the employer upon 30 days' written notice to conduct an election by ballot in writing to determine whether or not a majority of the employees covered by such private plan favor discontinuance thereof; provided, that such election shall not be required more often than once in any 12 month period. (b) Unless sooner permitted, for cause, by the division, no approved private plan shall be terminated by an employer, in whole or in part, until at least 30 days after written notice of intention so to do has been given by the employer to the division and after notices are conspicuously posted so as reasonably to assure their being seen, or after individual notices are given to the employees concerned. (c) The division may, after notice and hearing, withdraw its approval of any approved private plan if it finds that there is danger that the benefits accrued or to accrue will not be paid, that the security for such payment is insufficient, or for other good cause shown. No employer, and no union or association representing employees, shall so administer or apply the provisions of an approved private plan as to derive any profit therefrom. The division may withdraw its approval from any private plan which is administered or applied in violation of this provision. (d) No termination of an approved private plan shall affect the payment of benefits, in accordance with the provisions of the plan, to disabled employees whose period of disability commenced prior to the date of termination. Employees who have ceased to be covered by an approved private plan because of its termination shall, subject to the limitations and restrictions of this act, become eligible forthwith for benefits from the State Disability Benefits Fund for a period of disability commencing after such cessation, and contributions with respect to their wages shall immediately become payable as otherwise provided by law. Any withdrawal of approval of a private plan pursuant to this section shall be reviewable by writ of certiorari or by such other procedure as may be provided by law. With respect to a period of family temporary disability leave immediately after the individual has a period of disability during the individual s own disability, the period of disability is deemed, for the purposes of determining whether the period of disability commenced prior to the date of the termination, to have commenced at the beginning of the period of disability during the individual s own disability, not the period of family temporary disability leave. (e) Anything in this act to the contrary notwithstanding, a covered employer who, under an approved private plan, is providing benefits at least equal to those required by the State plan, may modify the benefits under the private plan so as to provide benefits not less than the benefits required by the State plan; provided, that individuals. Individuals covered under such a private plan shall not be required to contribute to such plan at a rate exceeding 3/4 of 1% of the amount of "wages" established for any calendar year under the provisions of R.S.43:21 7(b) prior to January 1, 1975, and 1/2 of 1% for calendar years

57 beginning on or after January 1, For a calendar year beginning on or after January 1, 2009: an employer providing a private plan only for benefits for employees during their own disabilities may require the employees to contribute to the plan at a rate not exceeding 0.5% of the amount of wages established for the calendar year under the provisions of R.S.43:21 7(b); an employer providing a private plan only for benefits for employees during periods of family temporary disability may require the individuals covered by the private plan to contribute an amount not exceeding the amount the individuals would pay pursuant to R.S.43:21-7(d)(1)(G)(ii); an employer providing a private plan both for benefits for employees during their own disabilities and for benefits during periods of family temporary disability may require the employees to contribute to the plan at a rate not exceeding 0.5% of the amount of wages established for the calendar year under the provisions of R.S.43:21 7(b) plus an additional amount not exceeding the amount the individuals would pay pursuant to R.S.43:21-7(d)(1)(G)(ii). Notification of such proposed modification shall be given by the employer to the division and to the individuals covered under such plan, on or before May 1, (cf: P.L.1974, c.86, s.8) 43: With respect to periods of disability for an individual s own disability commencing on or after January 1, 1953, disability benefits, not in excess of an individual's maximum benefits, shall be payable with respect to disability which commences while a person is a covered individual under the Temporary Disability Benefits Law, and shall be payable with respect to the eighth consecutive day of such disability and each day thereafter that such period of disability continues; and if benefits shall be payable for three consecutive weeks with respect to any period of disability commencing on or after January 1, 1968, then benefits shall also be payable with respect to the first seven days thereof. With respect to any period of family temporary disability leave commencing on or after July 1, 2009 and while an individual is a covered individual, family temporary disability benefits, not in excess of the individual's maximum benefits, shall be payable with respect to the first day of leave taken after the first one-week period following the commencement of the period of family temporary disability leave and each subsequent day of leave during that period of family temporary disability leave; and if benefits become payable on any day after the first three weeks in which leave is taken, then benefits shall also be payable with respect to any leave taken during the first one-week period in which leave is taken. The maximum total benefits payable to any eligible individual for any period of disability of the individual commencing on or after January 1, 1968, shall be either 26 times his weekly benefit amount or 1/3 of his total wages in his base year, whichever is the lesser; provided that such maximum amount shall be computed in the next lower multiple of $1.00 if not already a multiple thereof. The maximum total benefits payable to any eligible individual for any period of family temporary disability leave commencing on or after July 1, 2009, shall be six times the individual's weekly benefit amount or 1/3 of his total wages in his base year, whichever is the lesser; provided that the maximum amount shall be computed in the next lower multiple of $1.00, if not already a multiple thereof. 43: Limitation of benefits. Notwithstanding any other provision of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), no benefits shall be payable under the State plan to any person: (a) for the first seven consecutive days of each period of disability; except that: (1) if benefits shall be payable for three consecutive weeks with respect to any period of disability commencing on or after January 1, 1968, then benefits shall also be payable with respect to the first seven days thereof; (2) in the case of intermittent leave in a single period of family temporary disability leave taken to provide care for a family member of the individual with a serious health condition, benefits shall be payable with respect to the first day of leave taken after the first one-week period following the commencement of the period of family temporary disability leave and each subsequent day of leave during that period of family temporary disability leave; and if benefits become payable on any day after the first three weeks in which leave is taken, then benefits shall also be payable with respect to any leave taken during the first one-week period in which leave is taken, and (3) in the case of an individual taking family temporary disability leave immediately after the individual has a period of disability for

58 the individual s own disability, there shall be no waiting period between the period of the individual s own disability and the period of family temporary disability. (b) (1) for more than 26 weeks with respect to any one period of disability of the individual; (2) for more than six weeks with respect to any one period of family temporary disability leave, or more than 42 days with respect to any one period of family temporary disability leave taken on an intermittent basis to provide care for a family member of the individual with a serious health condition; and (3) for more than six weeks of family temporary disability leave during any 12-month period, or more than 42 days of family temporary disability leave taken during any 12-month period, on an intermittent basis to provide care for a family member of the individual with a serious health condition, including family temporary disability leave taken pursuant to R.S.43:21-4(f)(2) while unemployed. (c) for any period of disability which did not commence while the claimant was a covered individual; (d) for any period of disability of a claimant during which the claimant is not under the care of a legally licensed physician, dentist, optometrist, podiatrist, practicing psychologist, advanced practice nurse, or chiropractor, who, when requested by the division, shall certify within the scope of the practitioner's practice, the disability of the claimant, the probable duration thereof, and, where applicable, the medical facts within the practitioner's knowledge or for any period of family temporary disability leave for a serious health condition of a family member of the claimant, the family member is not receiving inpatient care in a hospital, hospice, or residential medical care facility or is not subject to continuing medical treatment or continuing supervision by a health care provider, who, when requested by the division, shall certify within the scope of the provider s practice, the serious health condition of the family member, the probable duration thereof, and, where applicable, the medical facts within the provider's knowledge; (e) (Deleted by amendment, P.L.1980, c.90.) (f) for any period of disability due to willfully and intentionally self-inflicted injury, or to injury sustained in the perpetration by the claimant of a crime of the first, second, or third degree; (g) for any period during which the claimant performs any work for remuneration or profit; (h) in a weekly amount which together with any remuneration the claimant continues to receive from the employer would exceed regular weekly wages immediately prior to disability; (i) for any period during which a covered individual would be disqualified for unemployment compensation benefits under subsection (d) of R.S.43:21-5, unless the disability commenced prior to such disqualification; and there shall be no other cause of disqualification or ineligibility to receive disability benefits hereunder except as may be specifically provided in this act. 43: (a) (Deleted by amendment, P.L.1975, c.355.) (b) (Deleted by amendment, P.L.2001, c.17). (c) (Deleted by amendment, P.L.2001, c.17). (d) (1) With respect to periods of disability commencing on or after October 1, 1984 and before January 1, 2001, no individual shall be entitled to benefits under this act unless the individual has established at least 20 base weeks within the 52 calendar weeks preceding the week in which the individual's period of disability commenced, or, in the alternative, the individual has earned twelve times the Statewide average weekly remuneration paid to workers, as determined under subsection (c) of R.S. 43:21-3, raised to the next higher multiple of $100.00, if not already a multiple thereof, or more within the 52 calendar weeks preceding the week in which the period of disability commenced, nor shall the individual be entitled to benefits unless he shall duly file notice and proof of claim, and submit to such reasonable examinations as are required by this act and the rules and regulations of the division. (2) With respect to periods of disability commencing on or after January 1, 2001, no individual shall be entitled to benefits under this act unless the individual has, within the 52 calendar weeks preceding the week in which the individual's period of disability commenced, established at least 20 base weeks or earned not less than 1,000 times the minimum wage in effect pursuant to section 5 of P.L.1996, c.113 (C.34:11-56a4) on October 1 of the calendar year preceding the calendar year in which the disability commences, which amount shall be adjusted to the next higher multiple of $100.00, if not already a multiple thereof. (e) With respect to a period of family temporary disability leave for an individual who has a period of family temporary disability immediately after the individual has a period of disability for the individual s own disability, the period of disability is deemed, for the purposes of specifying the time of the 52-week period in which base weeks or earnings are required to be

59 established for benefit eligibility pursuant to this subsection (e), to have commenced at the beginning of the period of disability for the individual s own disability, not the period of family temporary disability. 12: (a) Under the Unemployment Compensation Law and the Temporary Disability Benefits Law, benefits financed from tax or contributions are paid to eligible workers who become unemployed, disabled or who require leave from work to participate in the providing of care for a family member made necessary by a serious health condition of the family member or to bond with a newborn or newly adopted child. (b) The unemployment benefits are paid from moneys contributed to a State Unemployment Compensation Fund, and both temporary disability benefits and family leave insurance benefits from moneys contributed to the State Disability Benefits Fund or from private plans approved by the Department of Labor and Workforce Development and established by employers for such purposes. (c) The rules and regulations contained in this subchapter are agency statements of general applicability, and are intended to assist in the implementation of the basic provisions of the laws pertaining to unemployment compensation; temporary disability benefits and family leave insurance benefits. 12: (a) In accordance with the provisions of the Unemployment Compensation Law, N.J.S.A. 43:21-1 et seq., the maximum weekly benefit rate under the Unemployment Compensation Law is hereby promulgated as being $ per week. (b) The maximum weekly benefit rate for State Plan temporary disability and family leave insurance benefits under the Temporary Disability Benefits Law is hereby promulgated as being $ per week. (c) These maximum benefits shall be effective for the calendar year 2009 on unemployment compensation benefit years and periods of disability and family leave commencing on or after January 1, : In accordance with the provisions of N.J.S.A. 43:21-4(e)(4)(B) and 43:21-41(d)(2), in those instances in which the individual has not established 20 base weeks, the alternative earnings amount for establishing eligibility is hereby promulgated as being $ 7,200 for unemployment compensation benefit years and periods of disability and family leave commencing on or after January 1, : (a) A written notice of family leave on which a claim for family leave insurance benefits during unemployment is based shall, within 30 days after the commencement of the period of family leave for which benefits are claimed, be furnished to the Division of Temporary Disability Insurance within the Department of Labor and Workforce Development by the claimant or an authorized representative. The notice shall state the claimant's full name, address and Social Security Number, as well as the date on which the claimant was unable to work due to the need to participate in the providing of care for a family member of the claimant made necessary by a serious health condition of the family member or to be with a child during the first 12 months after the child's birth, if the claimant or the domestic partner or civil union partner of the claimant, is a biological parent of the child, or the first 12 months after the placement of the child for adoption with the individual. The filing of Form FL-1 (Proof and claim for family leave insurance benefits) shall constitute notice of family leave. (b) Proof of family leave on which a claim for benefits under the family leave insurance benefits during unemployment program is based shall be furnished by any claimant who expects to be unable to work due to the need to participate in the providing of care for a family member of the claimant made necessary by a serious health condition of the family member or to be with a child during the first 12 months after the child's birth, if the claimant or the domestic partner or civil union partner of the claimant, is a biological parent of the child, or the first 12 months after the placement of the child for adoption with the individual. Such proof may also be furnished by the claimant's authorized representative. When requested by the Division, additional certification from a health care provider or licensed medical practitioner shall be filed as proof of continued need to participate in the providing of care for a family member of the claimant made necessary by a serious health condition of the family member. (c) The failure to furnish written notice of

60 or proof of family leave within the 30-day time period required by (a) above shall not invalidate or reduce any claim, if the Division determines that there was good cause for late filing. If a notice or proof is furnished after 30 days and the claimant does not have good cause for failing to submit the notice of proof in a timely manner, the claim shall be reduced and limited to the period commencing 30 days prior to the receipt or postmark of the notice of proof of family leave, subject to the waiting period requirement. For purposes of this subsection, "good cause" means any situation over which the claimant did not have control and which was so compelling as to pre-vent the claimant from filing his or her claim within the prescribed period. 12: (a) All claims and other required documents relating to a claim for family leave insurance benefits during unemployment may be filed by mail, except in those cases where the claimant is notified by the Division of Temporary Disability Insurance that a personal appearance or examination will be required. Filing by mail shall be deemed complete as of the postmarked date unless the claimant can provide evidence of an earlier date of mailing. (b) Family leave insurance benefits shall be payable to a claimant residing in another state or in Canada, provided he or she complies with the requirements of the Unemployment Compensation Law and this subchapter. (c) If an independent medical examination of a care recipient is required, the Division shall authorize such examination to be made by a licensed medical practitioner. The payment of examination fees shall be consistent with those fees established in N.J.A.C. 12:21-3.1(g) concerning family leave insurance benefits examination fees. (d) If a care recipient refuses to submit to an independent medical examination by a licensed medical practitioner designated by the Division of Temporary Disability Insurance, the claimant shall be disqualified from receiving all benefits for the period of family leave in question, except for benefits already paid. 12: The giving of notice of family leave and the filing of proof of a claim for family leave insurance benefits during unemployment shall dispense with the requirements of N.J.A.C. 12:7-4 concerning registering for work and reporting to the Division of Temporary Disability Insurance for the period covered by the claim. 12: (a) This section provides that weeks and wages earned by an individual employed by an out-of-state employer or by the Federal government, shall be excluded from benefit calculations under the Family Leave Insurance Benefits During Unemployment Program. (b) Where a claimant's most recent employing unit was not a covered employer, family leave insurance benefits during unemployment shall be paid to the individual under N.J.S.A. 43:21-4(f)(2), provided the claimant has sufficient weeks and wages as a covered individual during the base year to establish a valid claim and is otherwise eligible. (c) A claim for family leave insurance benefits during unemployment, which was previously established as a valid unemployment claim based wholly or in part on wages from employment that is not with a covered employer shall be redetermined. Eligibility for family leave insurance benefits during unemployment shall be based solely on wages earned as a covered individual during the base year to establish a valid claim for benefits. 12: (a) No period of less than seven days shall be payable on a claim filed for family leave insurance benefits during unemployment under N.J.S.A. 43:21-4(f)(2). (b) Where, during a week of unemployment, an individual would be eligible for unemployment benefits except for his or her inability to work due to the need to participate in the providing of care for a family member of the claimant made necessary by a serious health condition of the family member or to be with a child during the first 12 months after the child's birth, if the claimant or the domestic partner or civil union partner of the claimant, is a biological parent of the child, or the first 12 months after the placement of the child for adoption with the individual, during a portion of such week, a claim for family leave insurance benefits during unemployment may be filed and benefits paid to such an individual, provided that he or she is otherwise eligible and any of the following conditions apply: 1. If the simultaneous benefit period occurs immediately prior to the family leave, the claimant must file a claim for family leave insurance benefits in accordance with N.J.A.C. 12: ; or 2. If the simultaneous benefit period occurs at the end of the family

61 leave, the claimant must assert his or her ability to work by reporting to the Division during the calendar week that the family leave ends or in the calendar week immediately following. 12: A claimant shall be given written notice of any determination on his or her claim and of the reason for any denial of his or her claim. A copy of the determination and the probable duration for which benefits will be paid, shall be mailed to the claimant. The claimant's appeal rights shall also be clearly stated on the determination. 12: For each claimant who establishes entitlement to family leave insurance benefits during unemployment under N.J.S.A. 43:21-4(f)(2), his or her claim shall be paid from the Family Temporary Disability Leave Account. 12: An employee's maximum family leave insurance benefits entitlement under N.J.S.A. 43:21-3 and 4 as an unemployed claimant for a given 12-month period shall be reduced by the number of days of family leave insurance benefits that have been paid to the employee during that 12-month period under the State plan or a private plan. 12: (a) The purpose of this chapter is to implement P.L. 2008, c. 17, which amends N.J.S.A. 43:21-25 et seq., the Temporary Disability Benefits Law. (b) P.L. 2008, c. 17 extends the temporary disability benefits program, so as to provide to covered individuals family leave insurance benefits, a monetary benefit (not a leave entitlement), which protects the covered individual against wage loss suffered because of the need of the covered individual to participate in providing care for a family member who has a serious health condition or to bond with a newborn or newly adopted child. (c) Neither P.L. 2008, c. 17, nor this chapter, establishes the right of a covered individual to take leave from work to participate in providing care for a family member who has a serious health condition or to bond with a newborn or newly adopted child; that is, neither P.L. 2008, c. 17, nor this chapter, establishes the right of a covered individual to be restored to employment following a period of leave from work to participate in providing care for a family member who has a serious health condition or to bond with a newborn or newly adopted child. (d) Any reference within P.L. 2008, c. 17, or within this chapter, to "family leave" or "family temporary disability leave" does not create a new type of leave, but rather, pertains solely to the manner, pursuant to P.L. 2008, c. 17, in which an otherwise established type of leave must be taken by an individual in order for the individual to avoid consequences under P.L. 2008, c. 17, which may include ineligibility for or a reduction of the individual's family leave insurance benefits. (e) Any reference within P.L. 2008, c. 17, or within this chapter, to pre-conditions related to leave (for example, the requirement under P.L. 2008, c. 17, 12, with regard to family leave to bond with a newborn or newly adopted child that a covered individual must provide the employer with prior notice of the leave not less than 30 days before the leave commences) are solely referring to pre-conditions to the payment of full family leave insurance benefits (a monetary benefit). The potential consequence to a covered individual for failure to satisfy these pre-conditions related to leave would be limited solely to those sanctions that are expressly set forth within P.L. 2008, c. 17 and this chapter, which sanctions affect entitlement to family leave insurance benefits. Those sanctions should in no way affect entitlement to leave under the New Jersey Family Leave Act, N.J.S.A. 34:11B-1 et seq., the Federal Family and Medical Leave Act, 29 U.S.C et seq., any other statutory leave program, a collective bargaining agreement or an individual employer policy. 12: (a) Any and all written communications issued by the Division may be served personally or by registered or certified mail. A copy of the notice may be left at the principal office or place of business in New Jersey of the person required to be served. (b) Such service shall constitute due notice. (c) The verification by the individual who served the notice or the return post office receipt of the registered or certified mail shall be proof that notice was served. 12: If benefits have been paid in error to a claimant by one program (either the State plan, family leave insurance benefits during unemployment, or a private plan) for a period of family leave and the claimant is correctly entitled to benefits under another program (either the State

62 plan, family leave insurance benefits during unemployment, or a private plan) for that same period of family leave, the Division may arrange for a reimbursement of funds between the two programs. If it is determined that the benefits were received as a result of the claimant's making a false statement knowing it to be false or knowingly failing to disclose a material fact, the individual shall be subject to a fine and re-payment of the overpaid amount under the provisions of N.J.S.A. 43:21-55(a). 12: No health care provider or licensed medical practitioner shall charge a claimant or care recipient a fee for services rendered in completing forms issued by the Division of Temporary Disability Insurance or by any insurer requesting medical information associated with the filing of any claim for payment of family leave insurance benefits. 12: (a) The Division (for State plan and family leave insurance benefits during unemployment) or the insurer (for private plan), shall make all family leave insurance benefit checks payable to the claimant, except under the following circum-stances: 1. As prescribed under N.J.S.A. 43:21-42(b), relative to the payment of benefits due a deceased claimant; or 2. As prescribed under N.J.S.A. 43:21-42(c), relative to the payment of benefits due a minor. (b) The Division (for State plan and family leave insurance benefits during unemployment) or the insurer (for private plan), shall deliver all family leave insurance benefit checks directly to the claimant, except under the circumstances set forth in (c) below. (c) The Division (for State plan and family leave insurance during unemployment) or the insurer (for private plan), may deliver family leave insurance benefit checks to the employer, which family leave insurance benefit checks shall have been made payable to the claimant pursuant to (a) above, only when all of the following conditions have been met: 1. The employer has advanced moneys to the claimant in an amount equal to or in excess of the family leave insurance benefits to which the claimant is entitled under the State or private plan; and 2. The claimant has knowingly and voluntarily signed a written agreement authorizing the delivery of his or her family leave insurance benefit check to the employer. 12: Whether the claimant for a particular claim is covered by the State plan or a private plan shall be determined based on the coverage (State plan or private plan) provided by the current employer at the time the first or reestablished claim is filed or, where the claimant has become unemployed within the 14 days immediately preceding the claim, his or her most recent previous employer at the time the first or reestablished claim is filed. 12: (a) Each employer shall post in each of the employer's worksites, in a place or places accessible to all employees at the worksite, a printed notification of covered individuals' rights relative to the receipt of family leave insurance benefits under P.L. 2008, c. 17 and this chapter. (b) Each employer shall provide each employee of the employer with a written copy of the notification referred to in (a) above under each of the following circumstances: 1. Not later than April 1, 2009; 2. At the time of the employee's hiring; 3. Whenever the employee provides notice to the employer under N.J.A.C. 12: or under the analogous provision within a private plan; 4. At any time, upon the first request of the employee. (c) The written notification under (b) above may be transmitted by the employer to the employee in electronic form. (d) The notification poster referred to in (a) above and the written notification referred to in (b) above shall be made available by the Department to any employer upon request by the employer to the Department at the following address: Department of Labor and Workforce Development Office of Constituent Relations P.O. Box 110 Trenton, New Jersey :21-2. (a) All employees of the employer shall be covered by one or more private plans, without restrictions or exclusions, except that, subject to the approval of the Division, any

63 private plan may exclude employees of a separate unit, craft, organization, plant, department or establishment, or other class or classes of employees. Application for such exclusion shall be submitted on a form and in a manner prescribed by the Director. The Division may not approve the exclusion of a class or classes of employees determined by the age, sex or race of the employees or by the wages paid such employees, if, in the opinion of the Division, such exclusion would result in a substantial selection of risk adverse to the State plan. For the purposes of this subsection, the employees of an employing unit (not a subject employer) performing ser-vices for an employer, as defined in N.J.S.A. 43:21-19(g) shall be considered a class of employees, which may be excluded. (b) Employees excluded from a private plan shall be covered under the State plan and the employer shall be liable for the deduction and payment of workers' contributions, as required by N.J.S.A. 43:21-7. (c) All proposed private plans shall be submitted for review and approval by the Division. An employer failing to secure the approval of a private plan shall be deemed to be covered under the State plan and the employer shall be liable for the deduction of workers' contributions and payments of workers' contributions to the Fund as required by N.J.S.A. 43:21-7 until such date as a private plan is effective. (d) An employee who ceases to be covered by a private plan, whether by termination of the plan, changing employers or for any other reason, shall, if otherwise eligible, become entitled to family leave insurance benefits from the Fund. (e) The responsibility for coverage shall be established by the covered individual's last employer. The application for benefits shall be processed by the insurer, if the employer has an approved private plan and the individual is covered by that plan, or by the State plan if the employer has State plan coverage. However, claims coming within the purview of N.J.A.C. 12: or 3.6 shall be governed thereby. 12: (a) An employee shall not be entitled to any benefits from the Fund with respect to any period of family leave commencing while he or she is covered under a private plan. (b) An employee shall not be paid any benefits for family leave insurance benefits during unemployment, N.J.S.A. 43:21-3 and 4, for any period of family leave commencing while he or she is a "covered individual" as defined in N.J.S.A. 43:21-27(b)(2). (c) The benefits provided by a private plan shall be set forth in the plan both as to eligibility requirements and amounts payable. (d) If application for benefits is made under the State plan or family leave insurance benefits during unemployment and it is determined that the claim should have been made under a private plan, an employee shall not be deprived of benefits under the private plan for failure to file a timely claim for benefits provided that: 1. The application to the State plan would have constituted a timely filed claim to the private plan if it had been then made; and 2. Proof of entitlement to family leave insurance benefits is furnished under such private plan within the period required therein or within 30 days after the employee has notice that the claim should have been made under the private plan. (e) If an employee is overpaid benefits under a private plan, the amount of such overpayment shall not be deducted from the amount of benefits to which he or she may be entitled under the State plan or under N.J.S.A. 43:21-3 and 4 as an unemployed claimant for a subsequent period of family leave. If an employee is overpaid benefits under the State plan, the amount of such overpayment shall not be deducted from the amount of benefits to which he or she may be entitled under a private plan, or under N.J.S.A. 43:21-3 and 4 as an unemployed claimant for a subsequent period of family leave. (f) An employee's maximum family leave insurance benefit entitlement under a private plan for a given 12-month period shall be reduced by the number of days of family leave insurance benefits that have been paid to the employee during that 12-month period under the State plan or under N.J.S.A. 43:21-3 and 4 as an unemployed claimant. (g) If the benefits claimed by an employee under a private plan are denied, such denial shall be by a written notice to the employee, giving the reason therefor and stating the employee's appeal rights as provided under N.J.A.C. 12: and 1:12A. Upon the issuance of such notice, the Division shall be immediately furnished with a copy of the claim and the notice of denial, or facsimiles thereof. (h) The private plan shall provide for payment of benefits to employees weekly, biweekly, or at such intervals as the employee is customarily paid wages, unless otherwise approved by the Director. (i) No reduction in the amount or duration of benefits or increase in the rate of employee contributions shall be made without prior approval of the Division. Approval shall be given if the Division

64 finds that the plan, after such modification, continues to meet the requirements of the Act and this chapter and, if the employees are to contribute toward the cost of such modified plan, that a majority of the employees covered by the plan have agreed to the modification by written election (by ballot or otherwise) in accordance with this chapter. 1. The Division shall be given prompt notice of any change to a private plan, which change does not affect nor alter the provisions of the plan, and, therefore, does not require approval under this section. 12: Notice, in a form approved by the Director, of the benefits provided by the private plan shall be furnished to the covered employees either by individual certificates or other direct written notification at the time of coverage, or by conspicuous and continuing posting at the place of employment. This notice shall reflect current rates, eligibility requirements, benefit entitlements, and appeal rights to the Division as specified in N.J.A.C. 12: This notice shall be available for inspection at the work site. A copy of the notice shall be submitted annually to the Division. 12: (a) A care recipient whose care giver is covered under a private plan shall have the right to choose his or her own health care provider. The care giver shall, if requested by the private plan insurer, have the care recipient submit to an examination by a licensed medical practitioner designated by the private plan insurer. The examinations shall not be more frequent than once a week, shall be made without cost to the care giver or care recipient and shall be held at a reason-able time and place. Refusal by the care recipient to submit to an examination shall disqualify the care giver from all benefits for the period of family leave in question, except from benefits already paid. (b) Where a care recipient has utilized a health care provider, and that health care provider has examined the care recipient and has diagnosed him or her with a serious health condition, the insurer paying benefits may only deny benefits to the care giver during that period so certified where: 1. The insurer paying benefits has contacted the care recipient's health care provider and has reached a mutual agreement therewith as to a change in the period of either the care recipient's serious health condition or care required by the care giver; 2. A licensed medical practitioner designated by the insurer paying benefits has examined the care recipient and has determined that the care recipient either no longer has a serious health condition or requires care by the care giver. Where such a determination has been made, benefits shall not be paid beyond the date of the examination; 3. A care recipient refuses to submit to or fails to attend an examination conducted by a licensed medical practitioner designated by the insurer paying benefits, in which case the care giver shall be disqualified from receiving all benefits for the period of family leave in question, except as to benefits already paid; or 4. The insurer paying benefits has obtained credible factual evidence showing that the care recipient is performing activities that demonstrate a serious health condition does not exist. In such instances, benefits shall not be paid beyond the date that such factual evidence is obtained. 12: No employer, union or association representing employees and no person acting in behalf of any of the foregoing shall so administer or apply the provisions of a private plan as to derive any profit therefrom. 12: (a) An employer desiring to establish a private plan for the payment of family leave insurance benefits to employees shall file an application on a form and in a manner prescribed by the Director. In requesting the form, the employer shall inform the Division whether the family leave insurance benefits will be provided by a contract of insurance, or by an agreement between the employer and a union or association representing the employees or by the employer as a self-insurer. (b) If two or more employers desire to have their private plans insured by a single policy of insurance, either by mutual agreement or by agreement as set forth in (a) above, each shall file an application for approval on a form and in a manner prescribed by the Director, designating a nominee, designee, trustee or one of them as the duly authorized agent for the purposes of the Act. (c) All documents required by the Division for the completion of the approval process shall be submitted within 90 days of the date the application is received. A new application shall be filed if all such documents are not received within 90 days unless the

65 employer can demonstrate good cause for the delay. For the purposes of this section, "good cause" means any situation over which the employer did not have control and which was so compelling as to prevent the employer from submitting the documents as required by the Division. (d) An application submitted for approval of a private plan shall bear the signature of an authorized representative of the insuring organization, if the private plan is to be insured by an admitted insurer or union welfare fund and: 1. A corporate officer if the employer is a corporation; 2. The owner if the employer is an individual; or 3. A partner if the employer is a partnership. 12: (a) Each private plan, in order to secure Division approval, shall provide to the employees covered thereby, rights equal at least to those set forth in N.J.S.A. 43:21-37 to 43:21-42 inclusive, by assuring that: 1. The private plan shall cover all employees, except as provided elsewhere in this chapter, for benefits during any family leave commencing while the plan is in effect; 2. Eligibility requirements for family leave insurance benefits shall be no more restrictive than those requirements for benefits payable under the State plan; and 3. Except as provided for in N.J.A.C. 12: , the family leave insurance benefits payable to each employee covered thereunder shall be at least equal, in both weekly amount and duration, to those which would be payable to the employee under the State plan, but for his or her inclusion in the private plan. (b) An employer may provide family leave insurance benefits through a plan established solely for the administration of benefits required pursuant to the Temporary Disability Benefits Law, N.J.S.A. 43:21-25 et seq., or through a multi-benefit plan; provided, however, that, if the multi-benefit plan does not comply with all of the provisions of the New Jersey Temporary Disability Benefits Law, the employer shall establish a separate plan, maintained solely for the purpose of complying with the provisions of the law. 12: (a) A private plan shall not preclude simultaneous or concurrent coverage by reason of an individual's employment with two or more employers. Such employee shall receive not less than the benefits payable under the State plan both as to benefit amount and duration. (b) A covered individual is in "concurrent employment" if he or she is in employment with two or more employers during the last calendar day of employment immediately preceding the period of family leave. The term "concurrent employers" means the covered employers with whom an employee was employed on the last day of employment. (c) If an employee is in concurrent employment and only one employer has a private plan, then the employee shall be entitled to receive benefits under that private plan, if otherwise eligible. Such benefits shall not be less than he or she would be eligible to receive under the State plan with respect to all employment, if he or she were covered under the State plan. No benefits shall be payable under the State plan for family leave commencing while he or she is covered under such private plan. (d) If an employee is in concurrent employment with two or more employers and more than one employer has a private plan, the employee shall be entitled to receive benefits under each private plan, if otherwise eligible. Each private plan shall pay not less than the full amount the employee would be eligible to receive if covered under the State plan. When determining the amount to be paid, the private plan may take into account coverage under other private plans and benefits may be apportioned among the plans in the same proportion that the employee earned wages with each employer in the last eight calendar weeks immediately preceding the period of family leave. In no event shall the employee receive less than the benefits to which he or she would be entitled under the most favorable plan, both as to weekly amount and duration. 12: If employees are required to contribute to the cost of a private plan, the employer shall submit, in writing, to the employees a brief summary of the provisions of the plan, including the weekly benefit rate, the maximum amount and du-ration of benefits and the contributions required from the employees with respect to the benefits to be provided thereby. A majority of the employees to be covered must agree by election (by written ballot or other manner prescribed by the Director) to the establishment of the plan, which shall include the worker's contribution required. Evidence of their consent shall be shown on the application for approval.

66 12: (a) There shall be submitted on the application for approval a statement showing the total number of eligible employees in employment by the employer and the number of employees who agreed to the plan, together with the individual bal-lots or documents verifying the employees' consent. The ballots or documents of consent, after review by the Division, shall be returned to the employer. (b) The results of such election shall be posted promptly and the records pertaining thereto shall be maintained by the employer and be available for inspection by Division representatives during the existence of the private plan. 12: (a) The Division shall issue a "Certificate of Approval of Private Plan," which shall constitute evidence of approval of the plan by the Division. (b) Each such private plan shall be submitted in detail to the Division and shall be approved by the Division to take effect as of the first day of the calendar quarter next following the submission date, or as of an earlier date if requested by the employer and approved by the Division. Grounds for approval of an earlier effective date include, but are not limited to, whether the plan: 1. Is the result of an agreement contained in a labor-management contract; or 2. Covers a newly formed subsidiary of an employer with an existing private plan; or 3. Is the result of a succession from an employer with an existing private plan. As provided in N.J.S.A. 43:21-7(c)(7)(A), a successor in interest is an entity that acquires the organization, trade, or business, or substantially all the assets of an employer, whether by merger, consolidation, sale, transfer, descent, or otherwise. (c) Approved contributory plans must remain in effect through at least December 31, : (a) A certificate of approval may be withdrawn or revoked upon notice and opportunity for hearing if the Division finds: 1. That there is danger that benefits accrued or to accrue will not be paid; 2. That the security for such payment is insufficient; 3. That there has been a failure to comply with the terms and conditions of the plan; 4. That there has been a failure to pay benefits to eligible claimants promptly; 5. That, in the case of an insured private plan, the insurance company has given notice of the cancellation of the policy of insurance thereunder; 6. That the employer, his or her duly authorized agent, the union or association representing the employees or any per-son acting in behalf of any of the foregoing are deriving a profit in instituting or administering the plan; 7. That the employer, or insurer or any other party responsible for the payment of benefits, as the case may be, has failed to comply with the Act and regulations; or 8. Other good cause. (b) A certificate of approval may be withdrawn or revoked effective as of the date of the occurrence of the condition, violation, event or omission forming the basis for such withdrawal or revocation, or at any subsequent date which in the judgment of the Director or his or her authorized representative, shall be necessary for the protection of the benefit rights of the employees covered by the plan. The Division shall give the employer, the insurer or organization paying benefits, and all interested parties notice of revocation or withdrawal of the certificate of approval and an opportunity for a hearing. 12: Upon receipt by the Division of a petition to terminate a private plan, signed by not less than 10 percent of the employees covered by the private plan, the Division shall order an election, after 30 days' written notice to the employer. No such election shall be required more often than once in any 12 consecutive months. The Division shall, whenever it deems necessary, supervise such election. 12: (a) An employee, to be eligible to sign any petition requesting an election to discontinue a private plan, shall be in the employ of the employer as of the date of the petition, and covered by the plan. The form of the petition requesting an election shall be prescribed by the Director. (b) An employee, to be eligible to vote in any election to discontinue a private plan, shall be in the employ of the employer as of the date of the election and covered by the plan. 12: (a) Any election to discontinue a private plan shall be in accordance with this subchapter. The election shall be by writ-ten ballot but the Director may order a secret ballot if the facts so warrant. The ballot shall be so worded as to give each employee voting an opportunity to vote for or against the discontinuance of the private plan. The time and place of the election shall be convenient to employees, and on not less than 30 days' written notice by the

67 employer to the employees. The notice of the election and the results thereof shall be given to the employees affected by one of the following methods, by: 1. Posting on bulletin boards in the employer's establishment or place of business for a period of not less than 30 days; 2. Mail addressed to each employee; or 3. Personal service. (b) A record of the method used shall be kept by the employer. 12: The records pertaining to any election to discontinue a private plan shall be retained by the employer and shall be avail-able for inspection by the Division representatives for a oneyear period from the date of termination. 12: A statement shall be submitted forthwith by the employer to the Division showing the total number of employees eligible to vote, and the number of employees who voted for and against termination of the plan. 12: (a) As provided in the Act, a private plan shall be discontinued when the Division withdraws its approval thereof upon being furnished satisfactory evidence that a majority of the covered employees have made election in writing to discontinue such plan. (b) An employer may discontinue a private plan upon proper notice to the Division and to the covered employees. 12: (a) The employer shall be liable for the deduction of workers' contributions and payment of workers' contributions, as required by N.J.S.A. 43:21-7, with respect to wages paid for employment subsequent to the effective date of withdrawal or revocation of the certificate of approval, unless the Division has approved another private plan to become effective on the day immediately following. (b) Form FDP-22, Notice of Withdrawal of Approval of Family Leave Insurance Benefits Private Plan, shall be conspicuously posted for a period of not less than 30 days at or in the employer's factory, establishment or other premises at which the workers, who were covered under the private plan, are employed, as evidence of the termination of that plan. 12: (a) A policy of insurance providing for the payment of benefits under a private plan shall provide that the insurer shall remain liable for the payment of benefits to any employee covered by the policy and the private plan for any period of family leave commencing, during the continuance of the private plan, after the policy became effective and prior to the termination of the policy. 1. With respect to a period of family leave immediately after the individual has a period of disability during the individual's own disability, the period of disability is deemed, for the purposes of determining whether the period of disability commenced prior to the date of termination, to have commenced at the beginning of the period of disability during the individual's own disability, not the period of family leave. (b) At least 60 days' notice shall be given to the Division by the insurer or the policyholder before termination of the policy becomes effective, except that, if the policy is being terminated by reason of a change of insurer, this requirement may be waived. (c) If a policy is being terminated for nonpayment of premium, at least 15 days' written notice shall be given to the Di-vision before termination of the policy becomes effective. 12: Each contract of insurance providing for the payment of benefits under a private plan shall contain a clause or clauses guaranteeing that the benefits meet the requirements of N.J.A.C. 12:21-2.9, Minimum plan requirements. 12: (a) The security required by the Division from an employer whose private plan does not provide for the assumption of the liability to pay benefits by an insurer, duly authorized and admitted to do business in this State, shall be in the form of a cash deposit, a bond of an admitted surety insurer conditioned on the payment of obligations under the plan, or bearer bonds issued or guaranteed by the United States of America or issued by this State, the amount to be determined by the Division upon the basis of the size of the payroll, the class or classes of risks contemplated, the financial standing of the employer and any additional factors, which the Division may deem proper. (b) The amount shall not be less than one-half of the contributions that would have been paid by the employees to be covered by the private plan during the previous year, or one-half of the estimated contributions of such employees for the ensuing year,

68 whichever is greater. 12: S (a) Exemption from the requirement of N.J.A.C. 12: , Security required, shall be granted to any employer who: 1. Is exempt from insuring the employer's workers' compensation liability, as provided by law; or 2. Satisfies the Division as to the employer's financial responsibility to pay the benefits provided by the employer's plan by furnishing a complete, current financial statement and such other proof as may be acceptable to the Division. An annual review of the financial responsibility will be made. 12: (a) The security provided for in this subchapter should be applied by the Division to the payment of any unpaid obligations under the private plan. Upon termination of a private plan, which does not provide for the assumption by an admitted insurer of the liability to pay benefits, or upon withdrawal of approval of such private plan, the Division shall retain the security deposited, for the purpose of securing the payment of the obligations of the private plan. Upon the expiration of all benefit claims outstanding after the lapse of five complete calendar quarters following the effective date of termination or withdrawal of approval, the Division shall make a final assessment of the charges against the employer as provided in the Act and this subchapter. (b) The Division may make a partial return of the security at an earlier date if it finds that such security is in excess of that required. 12: (a) If an employee's weekly benefit amount, determined under the benefit provisions of an employer's private plan, with respect to any period of family leave, is less than the maximum weekly benefit amount payable under the State plan, and such weekly benefit amount has been computed on a basis different from that provided for covered individuals under the State plan, the weekly benefit amount shall be recomputed in accordance with the provisions of the New Jersey Temporary Disability Benefit Law, N.J.S.A. 43:21-40, as amended. (b) If such recomputed weekly benefit amount is less than the maximum weekly benefit amount payable under the State plan and the computation of the "average weekly wage" for such recomputation yields a result, which is less than the individual's average weekly earnings in employment with all covered employers during the base weeks in such eight calendar weeks, then the insurer, which has undertaken to pay the benefits provided by the plan shall request the Division to provide such payer with a statement of the weekly wages of the employee earned from allcovered employers during the eight base weeks immediately preceding the calendar week in which the employee'sfamily leave commenced. (c) When requesting such information, such payer shall furnish the Division with the following information: 1. The name, address and Social Security Number of the employee; 2. The date on which the family leave commenced; 3. The names and addresses of such other employers, from whom the employee alleges to have earned wagesimmediately preceding his or her family leave, as may be necessary to determine all wages earned in the required eight base weeks; and 4. The weekly earnings of the employee from the employer during each of the calendar weeks in the 52 calendar weeks immediately preceding the family leave, if any. (d) If the private plan of an employer provides, as a condition of eligibility for benefits with respect to a period of family leave, that an otherwise eligible employee shall have established at least 20 or a lesser number of base weeks within the 52 calendar weeks preceding the week in which his or her period of family leave commenced and the employee has not established such base weeks from his or her employment with the employer, then the insurer, which has undertaken to pay the benefits provided by the plan shall request the Division to provide such payer with a statement of the number of base weeks in the employee's base year. When requesting such information, such payer shall furnish the Division with the following information: 1. The name, address and Social Security Number of the employee; 2. The date on which the family leave commenced; 3. The names and addresses of such other employers, from whom the employee alleges to have earned wages in the 52 calendar weeks immediately preceding his or her family leave, as may be necessary to determine the required number of base weeks; and 4. The number of calendar weeks in the 52 calendar weeks immediately preceding the calendar week in which the period of family leave commenced, during which the employee earned not less than the minimum base week requirement as defined in N.J.S.A. 43:21-27(i)(4) from the employer. (e) If the private plan of an employer provides,

69 with respect to periods of family leave commencing on or after July 1, 2009, that the maximum total benefits payable to any eligible employee may be computed as an amount equal to six times the weekly benefit rate or 1/3 of his or her total wages in his or her base year, whichever is lesser, where it appears that such provision will be applicable with respect to any period of family leave and where the insurer does not have sufficient information regarding wages earned with prior employers in the base year, then the insurer shall request the Division to provide a statement of the total wages in the employee's base year. When requesting such information, such insurer shall furnish the Division with the following information: 1. The name, address and Social Security Number of the employee; 2. The date on which the family leave commenced; 3. Names and addresses of other employers in the 52 weeks prior to the week in which the family leave occurred; 4. Total amount of wages earned by claimant with the most recent employer. 12: Within 10 days after the mailing of a request for information with respect to a period of family leave, each employer having a private plan shall furnish the Division with any information requested or known to the employer, which may bear upon the eligibility of the claimant. 12: (a) For the one-year period ending December 31 of each calendar year during which a self-insured private plan is in effect, each employer shall, on a form prescribed by the Division, file a statement, on or before the 30th day following the end of the one-year period, showing the following information with regard to each of the following types of claims: care of sick child, care of sick spouse, care of sick domestic partner, care of sick civil union partner, care of sick parent, bonding by biological parent with a newborn child, bonding by domestic partner or civil union partner of biological parent with a newborn child, bonding by individual with newly adopted child: 1. The number of claims for family leave insurance benefits received during the one-year period; 2. The number of claims for family leave insurance benefits accepted during the one-year period; 3. The number of workers who received family leave insurance benefits during the one-year period; 4. The amount of family leave insurance benefits paid during the one-year period; 5. The average weekly family leave insurance benefit during the one-year period; 6. The amount of sick leave, vacation leave or other fully paid time, which resulted in reduced benefit duration during the one-year period; 7. With regard solely to family leave insurance benefit claims to care for sick family members, the amount of intermit-tent family leave insurance benefits paid during the one-year period 8. The average duration of family leave insurance benefits, in days, during the one-year period. (b) The information reported under (a) above shall be broken down by sex and by age group, beginning at 25 years and under and increasing in increments of 10. (c) On or before the 30th day following the close of each calendar year during which a self-insured private plan is in effect, the employer shall, on a form prescribed by the Division, file a report showing: 1. The amount of funds available at the beginning of that year for payment of family leave insurance benefits; 2. The amount contributed by workers during that year; 3. The direct cost of administration of the plan during that year; 4. The number of employees covered by the plan as of December 31; and 5. Such other information as the Division may require with respect to the financial ability of the selfinsurer to meet the self-insured's obligations under the plan. 12: (a) For the one-year period ending December 31 of each calendar year, each union, association of employees, nominee, trustee or organization, which has assumed the liability to pay the family leave insurance benefits required under one or more private plans (which benefits are not guaranteed by a contract of insurance of an insurer duly authorized and admitted to do business in this State) shall, on a form prescribed by the Division, file a statement, on or before the 30th day following the end of the one-year period showing the following information with regard to each of the following types of claims: care of sick child, care of sick spouse, care of sick domestic partner, care of sick civil union partner, care of sick parent, bonding by biological parent with a newborn child, bonding by domestic partner or civil union partner of biological parent with a newborn child, bonding by individual with newly adopted child: 1. The number of claims for family leave insurance benefits received during the one-year period; 2. The number of

70 claims for family leave insurance benefits accepted during the one-year period; 3. The number of workers who received family leave insurance benefits during the one-year period; 4. The amount of family leave insurance benefits paid during the one-year period; 5. The average weekly family leave insurance benefit during the one-year period; 6. The amount of sick leave, vacation leave or other fully paid time, which resulted in reduced benefit duration during the one-year period; 7. With regard solely to family leave insurance benefit claims to care for sick family members, the amount of intermit-tent family leave benefits paid during the one-year period 8. The average duration of family leave insurance benefits, in days, during the one-year period. (b) The information reported under (a) above shall be broken down by sex and by age group, beginning at 25 years and under and increasing in increments of 10. (c) On or before the 30th day following the close of each calendar year each union, association of employees, nominee, trustee or organization, which has assumed the liability to pay the family leave insurance benefits required under one or more private plans (which benefits are not guaranteed by a contract of insurance of an insurer duly authorized and admitted to do business in this State) shall, on a form prescribed by the Division, file a report showing: 1. The amount of funds available at the beginning of that year for payment of family leave insurance benefits; 2. The amount contributed by workers during that year; 3. The direct cost of administration of the plan during that year; 4. The number of employees covered by the plan as of December 31; and 5. Such other information as the Division may require with respect to the financial ability of the self-insurer to meet the self-insured's obligations under the plan. 12: (a) For the one-year period ending December 31 of each calendar year, each insurance company, which has assumed the liability to pay the family leave insurance benefits required under one or more private plans shall, on a form prescribed by the Division, file a statement, on or before the 30th day following the end of the one-year period showing the following information with regard to each of the following types of claims: care of sick child, care of sick spouse, care of sick domestic partner, care of sick civil union partner, care of sick parent, bonding by biological parent with a newborn child, bonding by domestic partner or civil union partner of biological parent with a newborn child, bonding by individual with newly adopted child: 1. The number of claims for family leave insurance benefits received during the one-year period; 2. The number of claims for family leave insurance benefits accepted during the one-year period; 3. The number of workers who received family leave insurance benefits during the one-year period; 4. The amount of family leave insurance benefits paid during the one-year period; 5. The average weekly family leave insurance benefit during the one-year period; 6. The amount of sick leave, vacation leave or other fully paid time, which resulted in reduced benefit duration during the one-year period; 7. With regard solely to family leave insurance benefit claims to care for sick family members, the amount of intermit-tent family leave benefits paid during the one-year period 8. The average duration of family leave insurance benefits, in days, during the one-year period. (b) The information reported under (a) above shall be broken down by sex and by age group, beginning at 25 years and under and increasing in increments of 10. (c) On or before the 30th day following the close of each calendar year each insurance company, which has assumed the liability to pay the family leave insurance benefits required under one or more private plans shall, on a form prescribed by the Division, file a report showing: 1. The amount of funds available at the beginning of that year for payment of family leave insurance benefits; 2. The amount contributed by workers during that year; 3. The direct cost of administration of the plan during that year; 4. The number of employees covered by the plan as of December 31; and 5. Such other information as the Division may require with respect to the financial ability of the self-insurer to meet the self-insured's obligations under the plan. 12: On or before the 30th day following the close of each calendar year, each employer having two or more approved private plans in effect during such calendar year or any portion thereof shall, on a form prescribed by the Division, file a report showing the amount of taxable wages paid during such calendar year to employees while covered under each such private plan.

71 12: (a) If there is a change in the employer and the successor employer assumes the obligations and liability of the predecessor under the plan, the plan shall be transferred to the successor, if: 1. The workers to be covered by the plan immediately after the succession are not required to contribute to the cost of the plan; 2. The class or classes of workers covered by the plan immediately prior to the succession constitute a majority of the workers in the same class or classes employed by the successor immediately after the succession; 3. A majority of the workers in the class or classes covered by the plan in the employ of the successor immediately after the succession give their written consent to the plan; or 4. The plan is limited to the separate unit, plant, department or establishment operated by the predecessor and the provisions of (a)1, 2 or 3 above, are met with respect to such separate unit, plant, department or establishment. 12: (a) Employee contributions to a private plan shall be deposited in a trust fund account and shall not be part of an employer's assets. (b) Trust fund assets deposited by an employer as required under (a) above shall be used only for the administration and payment of family leave insurance benefits. (c) Employers shall make trust fund accounts available for periodic inspection and audit by the Division at the discretion of the Director. (d) Upon termination of a contributory private plan for family leave insurance benefits, excess contributions remaining in the trust account shall, after five completed calendar quarters, be remitted to the Division for deposit in the Fund. 12: E (a) A claimant shall not be entitled to any benefits from the Fund with respect to any period of family leave commencing while he or she is covered under a private plan. (b) A claimant shall not be paid any benefits under N.J.S.A. 43:21-3 and 4 for any period of family leave commencing while he or she is a "covered individual" as defined in N.J.S.A. 43:21-27(b)(2). (c) An individual who is covered by a private plan or is separated from his or her employment for a period of two weeks or more immediately prior to the family leave shall not be entitled to any benefits under the State plan. (d) If application for benefits is made under a private plan or for family leave insurance benefits during unemployment, N.J.S.A. 43:21-4, and it is determined that the claim should have been made under the State plan, a claimant shall not be deprived of benefits under the State plan for failure to give timely notice provided that: 1. The application to the private plan or for family leave insurance benefits during unemployment, N.J.S.A. 43:21-4, would have been timely noticed to the State plan if it had been then made; and 2. Proof of family leave is made under the State plan not later than the time prescribed by the Act. (e) If an employee is overpaid benefits under the State plan, the amount of such overpayment shall not be deducted from the amount of benefits to which he or she may be entitled under a private plan or under N.J.S.A. 43:21-3 and 4 as an unemployed claimant for a subsequent period of family leave. If an employee is overpaid benefits under a private plan, the amount of such overpayment shall not be deducted from the amount of benefits to which he or she may be entitled under the State plan, or under N.J.S.A. 43:21-3 and 4 as an unemployed claimant for a subsequent period of family leave. (f) Where a care recipient has utilized a health care provider, and that health care provider has examined the care recipient and has diagnosed him or her with a serious health condition, the claimant may only be denied benefits during that period so certified where: 1. The Division has contacted the care recipient's personal health care provider and has reached a mutual agreement therewith as to a change in the period of the care recipient's serious health condition or care required by the care giver; 2. A licensed medical practitioner designated by the Commissioner of Labor and Workforce Development or his or her designee has examined the care recipient and has determined that the care recipient no longer has a serious health condition or requires care by the care giver. Where such a determination has been made, benefits shall not be paid beyond the date of examination; 3. A care recipient refuses to submit to or fails to attend an examination conducted by a licensed medical practitioner designated by the Commissioner of Labor and Workforce Development or his or her designee, in which case the claim-ant shall be disqualified from receiving all benefits for the period of family leave in question, except as to benefits already paid; or 4. The Division has obtained credible factual evidence showing that the care recipient is performing activities that demonstrate a serious health condition does not exist. In such instances, benefits shall not be

72 paid beyond the date that such factual evidence is obtained. (g) If a physical examination of a care recipient is required, the Commissioner of Labor and Workforce Development or his or her designee shall authorize such examination to be made by a licensed medical practitioner. Upon submission of a written report of the examination to the Department of Labor and Workforce Development, a fee customarily charged by a physician in a given specialty for each such examination, shall be paid to the examining medical practitioner, which fee shall be charged to the Family Temporary Disability Leave Account as a cost for the administration of family leave insurance benefits payments. Upon recommendation of the Director and upon a finding that an increase or decrease in the customary or "fair market" fee is necessary or appropriate to be cost effective and supply a sufficient pool of examiners, the Commissioner may increase or decrease the customary fee pursuant to a schedule issued by the Commissioner on a Statewide or county basis for one or more of these groups of examiners. In cases requiring the services of a specialist, or in cases requiring clinical tests supporting the diagnosis, the Commissioner or his or her designee shall, in his or her discretion, authorize such services or tests, the fees to be fixed in advance by the Commissioner. (h) The responsibility for coverage shall be established by the covered individual's last employer. The application for benefits shall be processed by the insurer, if the employer has an approved private plan and the individual is covered by that plan, or by the State plan if the employer has State plan coverage. However, claims coming within the purview of N.J.A.C. 12: or 3.6 shall be governed thereby. 12: (a) Within 30 days after the commencement of a period of family leave, a written notice of family leave, on which a claim for State plan benefits is based, shall be furnished to the Division by the claimant. The notice need not be on any prescribed form but shall state the claimant's full name, address and valid Social Security Number, as well as the date on which claimant begins the period of family leave. The filing of Form FL-1 (Proof and claim for family leave insurance benefits) or Form FL-2 (Proof and claim for family leave insurance benefits for bonding immediately following a State plan claim for pregnancy disability) shall constitute notice of family leave. (b) Proof of the care recipient's serious health condition or of the birth of a child or of the placement for adoption of a child on which a claim for family leave insurance benefits under the State plan is based shall be furnished by the claim-ant. The proof and claim accompanied, for claims relating to care of a family member (as opposed to bonding claims), by a certification of the health care provider, shall be furnished to the Division, on Form FL-1 (Proof and claim for family leave insurance benefits) not later than 30 days after the commencement of the period of family leave for which family leave benefits are claimed. (c) The health care provider certification contained within Form FL-1 shall state the following: 1. The date, if known, on which the serious health condition of the family member commenced; 2. The probable duration of the serious health condition of the family member; 3. The medical facts regarding the serious health condition of the family member, of which the health care provider has personal knowledge; 4. A statement that the serious health condition of the family member requires the participation of the covered individual in providing care to the family member; 5. An estimate of the amount of time, total time and frequency, that the services of the covered individual are required in order to participate in providing care to the family member; 6. The dates of treatment of the family member if the family leave is for planned medical treatment; and 7. Such other information as the Division may require. (d) A continued claim form on which the claimant must provide additional medical information in order to continue receiving family leave insurance benefits shall be filed as proof of continued family leave when requested by the Division. (e) The failure to furnish a written notice or proof of family leave within the time or manner required by the Act and this subchapter shall not invalidate or reduce any claim, if it shall be shown to the satisfaction of the Division not to have been reasonably possible to furnish notice or proof and that such notice or proof was furnished as soon as reasonably possible. If such notice or proof is not furnished, the claim shall be reduced and limited to the period commencing 30 days prior to the receipt of the notice or proof of family leave. (f) The Division shall require each claimant to have a valid Social Security Number when filing a claim for benefits. The claimant, upon request of the Division, shall provide proper identification, including proof of a valid Social Security Number, verification of the Social Security Number if

73 there is a discrepancy, and documentation showing his or her legal name and address. 1. If unable to present proof of a valid Social Security Number, proper verification, or other appropriate documentation, the individual shall be determined ineligible for benefits until such time that he or she is able to present the required identification. 2. Any person who refuses or fails to cooperate with the Division in any effort to verify the validity of a Social Security Number, may be held ineligible for benefits from the date of claim and liable to refund any benefits previously paid. 3. Upon a showing of good cause by the claimant, the Division may, on a claimant-by-claimant basis, waive the requirement that the claimant have a valid Social Security Number when filing a claim for benefits. 12: (a) All claims and other required documents relating thereto may be filed by mail or by such other means as prescribed by the Division (including by electronic means), except in those cases where the claimant is notified by the Division that a personal appearance will be required. Filing by mail or by such other means as prescribed by the Division (including by electronic means) shall be deemed complete based on the postmark date, or in its absence, the date received by the Division. (b) Family leave insurance benefits shall be payable to any claimant while outside of this State, provided he or she complies with the Act and this subchapter. 12: (a) For a reestablished claim either where the care recipient is not the same as for the most recent previous claim or where the reestablished claim is filed during or following employment with a different employer than for the most re-cent previous claim, the claimant shall be required to serve a waiting period. (b) For the claimant who satisfies the requirements of (a) above, the weekly benefit rate for the reestablished claim shall be recalculated pursuant to N.J.S.A. 43: (c) For the claimant who satisfies the requirements of (a) above, the maximum total family leave insurance benefits payable in days for the existing 12-month period under N.J.S.A. 43:21-38, shall be reduced by the number of days in family leave insurance benefits, which have been paid to the claimant during that 12-month period. (d) For a reestablished claim where both the care recipient is not the same as for the most recent previous claim and the reestablished claim is filed during or following employment with a different employer than for the most recent previous claim, the claimant shall be required to serve a waiting period. (e) For the claimant who satisfies the requirements of (d) above, the weekly benefit rate for the reestablished claim shall be re-calculated pursuant to N.J.S.A. 43: (f) For the claimant who satisfies the requirements of (d) above, the maximum total family leave insurance benefits pay-able in days for the existing 12-month period under N.J.S.A. 43:21-38, shall be reduced by the number of days in family leave insurance benefits which have been paid to the claimant during that 12-month period. 12: (a) The amount of benefits otherwise payable to a claimant under the State plan for any week of family leave, or part thereof, shall be reduced by the amount paid concurrently under any governmental or private retirement, pension or permanent disability benefit or allowance program to which his or her most recent employing unit contributed on his or her behalf. If such latter benefits are being paid on a monthly basis, the amount thereof to be deducted for each day of family leave shall be determined as 1/30 of such monthly amount, multiplied by seven, and the amount (disregarding any fractional part of a dollar) shall be subtracted from the weekly benefit rate. If such latter benefits are being paid on a weekly basis, the amount thereof to be deducted for each day of family leave shall be determined as 1/7 of the weekly amount multiplied by the number of days of family leave during that week and that amount (disregarding any fractional part of a dollar) shall be subtracted from the weekly benefit rate. (b) The amount of benefits payable to a claimant under the State plan for any week of family leave, or part thereof, shall not be reduced by the amount of benefits payable under any program as mentioned above, unless one or more payments thereunder have been received by the claimant prior to the date on which the check in payment of benefits under the State plan is issued. (c) The employer of a claimant may require the claimant, during a period of family leave, to use up to two weeks of paid sick leave, paid vacation time or other leave at full pay. (d) The employer of a claimant may permit the claimant, during a period of family leave, to use in

74 excess of two weeks of paid sick leave, paid vacation time or other leave at full pay. (e) When the employer requires the claimant to use paid sick leave, paid vacation time or other leave at full pay under (c) above, the employer may within a reasonable and practicable time request of the State plan or the private plan, as the case may be, that the claimant's maximum family leave insurance benefits entitlement during the 12-month period be reduced by the number of days of leave at full pay required by the employer to be used by the claimant under (c) above and which has been paid by the employer to the claimant during the period of family leave. (f) Where the employer requests a reduction of maximum family leave insurance benefits entitlement under (e) above, the State plan or private plan, as the case may be, shall reduce the claimant's maximum family leave insurance benefits entitlement during the 12-month period by the number of days of leave at full pay paid by the employer to the claimant during the period of family leave. This reduction in the maximum family leave insurance benefits entitlement during the 12-month period in number of days will result in a corresponding reduction, relative to the instant claim and any subsequent claims filed during the 12-month period, in the monetary amount of family leave insurance benefits, which reduction will be directly attributable to the above-mentioned reduction in the maximum family leave insurance benefit entitlement. (g) Where the employer does not request a reduction of maximum family leave insurance benefits entitlement under (e) above, the State plan or private plan, as the case may be, shall not reduce the claimant's maximum family leave insurance benefits entitlement during the 12-month period by the number of days of leave at full pay paid by the employer to the claimant during the period of family leave. (h) When the employer permits the claimant to use paid sick leave, paid vacation time or other leave at full pay under (d) above, the claimant's maximum family leave insurance benefits entitlement during the 12-month period shall not be reduced by the number of days of leave at full pay permitted by the employer to be used by the claimant under (d) above and which has been paid by the employer to the claimant during the period of family leave. (i) When the employer permits the claimant to use paid sick leave, paid vacation time or other leave at full pay under (d) above, no family leave insurance benefits shall be payable during the period that the claimant is absent from work using paid sick leave, paid vacation time or other leave at full pay. (j) An employee's maximum family leave insurance benefit entitlement under the State plan for a given 12-month period shall be reduced by the number of days of family leave insurance benefits that have been paid to the employee during that 12-month period under a private plan or under N.J.S.A. 43:21-3 and 4 as an unemployed claimant. 12: (a) A covered individual is in "concurrent employment" if he or she is in employment with two or more employers during the last calendar day of employment immediately preceding the period of family leave. The term "concurrent employers" means the covered employers with whom an employee was employed on the last day of employment. (b) If an employee is in concurrent employment and only one employer has a private plan, then the employee shall be entitled to receive benefits under that private plan, if otherwise eligible. Such benefits shall not be less than he or she would be eligible to receive under the State plan with respect to all employment, if he or she were covered under the State plan. No benefits shall be payable under the State plan for family leave commencing while he or she is covered under such private plan. (c) If an employee is in concurrent employment and all employers are covered under the State plan, an individual shall have his or her weekly benefit amount under the State plan computed on the basis of his or her total wages with all such employers during the base weeks in the eight calendar weeks immediately preceding the calendar week in which the family leave commenced. 12: (a) With regard to a claim for family leave insurance benefits to bond with a newborn or newly adopted child, the covered individual shall provide the employer with notice of the period of family leave upon which the covered individual's claim for family leave benefits is based not less than 30 days prior to commencement of the family leave, unless the family leave commences while the individual is receiving unemployment benefits, in which case the covered individual shall notify the Division. (b) Failure by the claimant to provide the employer with the 30 days notice set forth in (a) above, shall result in a reduction in the claimant's maximum family leave insurance benefits entitlement for the 12-month period by an amount of benefits

75 attributable to two weeks of family leave, unless the time of the leave is unforeseeable or the time of the leave changes for unforeseeable reasons. (c) With regard to a claim for family leave insurance benefits to care for a family member with a serious health condition, which family leave insurance benefits are taken on a continuous, non-intermittent basis, the claimant shall provide the employer with prior notice of the family leave in a reasonable and practicable manner, unless an emergency or other unforeseen circumstance precludes prior notice. (d) Failure by the claimant to provide the employer with the notice set forth in (c) above, shall not result in a reduction in the claimant's maximum family leave insurance benefits entitlement, nor shall it result in the denial of a claim for family leave insurance benefits. (e) With regard to a claim for family leave insurance benefits to care for a family member who has a serious health condition, which family leave insurance benefits are taken on an intermittent basis, the claimant shall provide the employer with prior notice of the family leave not less than 15 days prior to the first day on which family leave insurance benefits are paid for the intermittent leave, unless an emergency or other unforeseen circumstance precludes prior notice. (f) Failure by the claimant to provide the employer with the notice set forth in (e) above, shall not result in a reduction in the claimant's maximum family leave insurance benefits entitlement, nor shall it result in the denial of a claim for family leave insurance benefits. 12: (a) A claimant shall be given written notice of any decision on his or her claim and of the reason for any denial of his or her claim. (b) If the "Employer's Statement" on the application for benefits has not been completed by an employer or his or her representative, a request for information shall be mailed or delivered to the employer or employers by whom the claim-ant was employed at the commencement of the family leave or by whom he or she was last employed if out of employment less than two weeks. (c) A copy of the decision of eligibility of the claimant stating his or her weekly benefit rate and the probable duration for which benefits will be paid, shall be mailed or delivered to the employer or employers by whom such claimant was employed at the commencement of the family leave or by whom he or she was last employed if out of employment less than two weeks. 12: (a) Within 10 days after the mailing of a request for information with respect to a period of family leave, an employer shall furnish the Division with any information requested or known to him or her, which may bear upon the eligibility of the claimant. (b) If any employer or employing unit fails to respond to the request for information within 10 days after the mailing of such request, the Division shall rely entirely on information from other sources, including an affidavit completed by the claimant to the best of his or her knowledge and belief with respect to his or her wages and time worked. If it is deter-mined that any information in such affidavit is erroneous, no penalty shall be imposed on the claimant except in the event of fraud. (c) Any employer failing to respond to a request for information within the prescribed time period shall be subject to the penalties provided under N.J.S.A. 43:21-55(b). (d) The employer, within two working days after receipt of the decision of eligibility, shall furnish the Division with any information known to him or her bearing upon the eligibility of the claimant or duration of payments to be made. (e) If after receipt of a decision of eligibility an employer acquires information, which may render the claimant ineligible for benefits or reduce the rate or amount of benefits, such employer shall immediately forward the information to the Division. 12: (a) A covered individual shall not be eligible for family leave insurance benefits where the covered individual seeks to take intermittent family leave for the purpose of bonding with a newborn or newly adopted child, except that where both the covered individual and the employer agree that the covered individual will be permitted to take family leave for the purpose of bonding with a newborn or newly adopted child in non-consecutive periods of seven days or more, family leave insurance benefits shall be payable for those periods of family leave. (b) A covered individual shall be eligible for family leave insurance benefits where the covered individual seeks to take intermittent family leave for the purpose of providing care for a family member who has a serious health condition, so long as the following conditions are met: 1. The

76 covered individual can establish that it is medically necessary to take the family leave intermittently; 2. The total period within which the intermittent family leave is to be taken does not exceed 12 months; 3. The covered individual makes a reasonable effort to schedule the leave, so as not to unduly disrupt the operations of the employer; and 4. Where possible, prior to the commencement of the intermittent family leave, the covered individual provides the employer with a regularschedule of the day or days of the week on which the intermittent family leave will be taken. (c) In order to establish eligibility for family leave insurance benefits for a period of intermittent family leave to care for a family member with a serious health condition, a covered individual shall be required to support the claim for family leave benefits with a certification from a health care provider, which states the following: 1. The date, if known, on which the serious health condition of the family member commenced; 2. The probable duration of the serious health condition of the family member; 3. The medical facts regarding the serious health condition of the family member,of which the health care provider has personal knowledge; 4. A statement that the serious health condition of the family member requires the participation of the covered individual in providing care to the family member; 5. An estimate of the amount of time, total time and frequency (for example, for a total of three months, two days per week) that the services of the covered individual are required in order to participate in providing care to the family member; 6. A statement as to the medical necessity for the intermittent leave and the expected duration of the intermittent leave; and 7. The dates of treatment of the family member if the family leave is for planned medical treatment. 12: (a) Between academic years or terms or during a school-wide recess, for an individual who is an employee of an educational institution and who has a reasonable assurance of returning to work in the same or similar capacity during the succeeding academic year or term or following a period of school-wide recess, such individual shall be considered a covered individual and in-employment between academic years or terms or during a school-wide recess. (b) Under the circumstances set forth in (a) above, the individual who does not work for the educational institution between academic years or terms or during a school-wide recess shall not be eligible for family leave insurance benefits between academic years or terms or during a school-wide recess. (c) Under the circumstances set forth in (a) above, where the individual who is an employee of an educational institution has sufficient base year wages in other covered employment and where these wages are sufficient to establish a valid claim, family leave insurance benefits shall be paid based only upon the wages from such other covered employment for the period of time between the academic years or terms or during the school-wide recess. (d) When an employee files a claim for family leave insurance benefits immediately following a period between academic years or terms or immediately following a school-wide recess covered under (a) above, because the employee is considered a covered individual and in employment during the period between academic years or terms or the school-wide recess immediately preceding the claim for family leave benefits, the claimant's lack of remuneration during the 14 days preceding the filing of the family leave insurance benefits claim shall not preclude coverage of the employee's claim for family leave insurance benefits under the State plan or a private plan. (e) Under the circumstances set forth in (c) and (d) above, as in all circumstances, the "average weekly wage," which is a key component of the family leave insurance benefits calculation, shall be determined in accordance with N.J.S.A. 43:21-27(j). 12: (a) An employee who is on a voluntary and mutually agreed upon leave of absence, whether that leave of absence is paid or unpaid, including a leave of absence covered under the Federal Medical and Family Leave Act or the New Jersey Family Leave Act, shall be considered a covered individual and in-employment during such a leave of (b) When an employee files a claim for family leave insurance benefits immediately following a period of voluntary and mutually agreed upon leave of absence covered under (a) above, because the employee is considered a covered individual and in employment during the period of voluntary and mutually agreed upon leave of absence immediately preceding the claim for family leave benefits, the claimant's lack of remuneration during the 14 days preceding the filing of the family leave insurance benefits claim shall not preclude coverage of the employee's claim for family leave

77 insurance benefits under the State plan or a private plan. (c) Under the circumstances set forth in (b) above, as in all circumstances, the "average weekly wage," which is a key component of the family leave insurance benefits calculation, shall be determined in accordance with N.J.S.A. 43:21-27(j). New Mexico New York 12: For the purpose of calculating the amount of family leave insurance benefits to which a covered individual is entitled with regard to a claim filed between July 1, 2009 and December 31, 2009, all wages earned during the 52 weeks immediately preceding the filing of the claim shall be used, including wages earned between July 1, 2008 and December 31, 2008, notwithstanding that no employee contributions to the Fund were collected under P.L. 2008, c. 17, prior to January 1, A. In addition to other leave provided for in NMAC eligible employees are entitled to leave in accordance with the Family and Medical Leave Act (FMLA) of 1993 [29 U.S.C. Section 2601 et seq.]. Employees who have been in the classified service for at least 12 months (which need not be consecutive) and who have worked, as defined by Section 7 of the Fair Labor Standards Act [29 U.S.C. Section 201 et seq.], at least 1250 hours during the 12 month period immediately preceding the start of FMLA leave are eligible employees. In addition, employment in the exempt service, legislative or judicial branch, shall count as classified employment for purposes of this rule. B. Eligible employees are entitled to a total of 12 weeks of unpaid FMLA leave in a 12-month period, at the time of a birth or placement of a child or at the time of a serious health condition for the employee, or family members, or any qualifying exigency arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation as defined in the FMLA. The 12-month period is calculated forward from the date an employee s first FMLA leave begins. C. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of unpaid FMLA leave in a single 12-month period to care for the servicemember. This military caregiver leave is available during a single 12-month period during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave. The 12 month period is calculated forward from the date an employee s first FMLA leave begins. D. An employee may elect, or an agency may require the employee, to substitute any of the employee s accrued annual leave, accrued sick leave, personal leave day, accrued compensatory time, or donated leave for any part of unpaid FMLA leave. E. [Compensatory time and paid holidays shall not count towards the 12 weeks entitled by FMLA.] If a paid holiday occurs within a week of FMLA leave, the holiday is counted towards the FMLA entitlement. However, if an employee is using FMLA in increments less than one week, the holiday does not count against the employee s FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday. F. Employees shall not accrue annual and sick leave while on unpaid FMLA leave. G. Agencies shall post the required FMLA notices, maintain the required employee records, and implement agency policies in accordance with the FMLA. All medical records and correspondence relating to employees and/or their families shall be considered confidential in accordance with NMAC. H. Disputes over the administration of this rule shall be forwarded to the director for resolution. I. An employee may elect, or an agency may require the employee, to substitute any of the employee s accrued annual leave, accrued sick leave, personal leave day, accrued compensatory time, or donated leave for any part of unpaid FMLA leave. Also, if a paid holiday occurs within a week of FMLA leave, the holiday is counted towards the FMLA entitlement. However, if an employee is using FMLA in increments less than one week, the holiday does not count against the employee s FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday. 201-c. 1. Whenever an employer or governmental agency permits an employee to take a leave of absence upon the birth of such employee's child, an adoptive parent, following the commencement of the parent-child relationship, shall be entitled to the same leave and upon the same terms; provided, however, that the adoptive parent shall not be entitled to such equal child

78 care leave, or any portion thereof, at any time after the adoptive child reaches the minimum age set forth in subdivision one of section three thousand two hundred two of the education law for attendance in public school without the payment of tuition. With respect to the adoption of a hard-to-place or handicapped child as defined in section four hundred fifty-one of the social services law who is under the age of eighteen, an adoptive parent, following commencement of the parent-child relationship, shall be entitled to such leave of absence. 2. For purposes of this section, "commencement of the parent-child relationship" shall mean: a. When the adoption occurs under sponsorship of an authorized agency, as defined in subdivision ten of section three hundred seventy-one of the social services law, the date the child is placed by the authorized agency in the home of the adoptive parents pursuant to section three hundred eighty-four of the social services law. b. When the adoption occurs without the sponsorship of an authorized agency, the date a petition for the adoption of a child residing with the adoptive parents is filed in a court. 3. In addition to any other penalties or actions otherwise applicable pursuant to this chapter, whenever an employer or governmental agency has refused to extend available childcare leave to an adoptive parent in violation of this section, an aggrieved individual may commence an action for equitable relief and damages. In all actions brought pursuant to this section, reasonable attorney's fees, as determined by the court, shall be awarded to the prevailing plaintiff. 5:2 Public employees, including classified service employees and employees of state departments and institutions, who request leave because of pregnancy or childbirth, may in the discretion of the appointing authority be granted a leave of absence, without pay, for a period not exceeding two years. Such leave may be extended beyond two years, for periods aggregating not in excess of an additional two years, only with the approval of the Civil Service Commission. In an exceptional case, a further extension may be permitted by the commission for good cause shown and where the interests of the government would be served North Dakota As used in this chapter, unless the context otherwise requires: 1. "Child" means a child by birth, an adopted or foster child, a stepchild, or a legal ward, who is: a. Less than eighteen years of age; or b. More than seventeen years of age and incapable of providing selfcare because of a serious health condition. 2. "Employee" means an individual employed in this state by an employer, who has been employed by the employer for at least twelve months, and who has worked at least one thousand two hundred fifty hours for the employer over the previous twelve months. 3. "Employer" means the state but does not include any political subdivision of the state. 4. "Employment benefit" means all benefits provided or made available to employees by an employer, including education, health care, insurance, leave, and retirement benefits. 5. "Health care provider" means a registered nurse licensed under chapter , a physician licensed under chapter 43-17, a psychologist licensed under chapter 43-32, or a licensed certified social worker licensed under chapter "Health care services" means services rendered by a health care provider within the scope of the provider's license, including long-term care and hospice and hospital care. 7. "Parent" means a birth parent, foster parent, adoptive parent, or stepparent. 8. "Serious health condition" means a disabling physical or mental illness, injury, impairment, or condition involving: a. Inpatient care in a hospital licensed under chapter or operated by the United States or this state, long-term care facility as defined in section , or hospice program licensed under chapter ; or b. Outpatient care that requires continuing treatment by a health care provider. 9. "Spouse" means an employee's husband or wife An employer shall grant an employee's request for a family leave of absence for any of the following reasons: a. To care for the employee's child by birth, if the leave concludes within twelve months of the child's birth. b. To care for a child placed with the employee, by a child-placing agency licensed under chapter 50-12, for adoption or as a precondition to adoption under section , but not both, or for foster care, if the leave concludes within twelve months of the child's placement. c. To care for the employee's child, spouse, or parent if the child, spouse, or parent has a serious health condition. d. Because of the employee's serious health condition that makes the employee unable to perform the functions of the employee's job.

79 2. For any combination of reasons specified in subsection 1, an employee may take family leave in any twelve-month period for not more than twelve workweeks. The twelve weeks of family leave may be taken intermittently for leave under subdivisions a or b of subsection 1 if approved by the employer. The twelve weeks of family leave may be taken intermittently for leave under subdivisions c or d of subsection 1 if the leave is medically necessary. If an employee normally works a part-time schedule or variable hours, the amount of leave to which an employee is entitled must be determined on a pro rata or proportional basis by comparing the new schedule with the employee's normal schedule. 3. In any case in which a husband and wife entitled to family leave under this chapter are employed by the same employer, the aggregate period of family leave to which both are entitled may be limited by the employer to twelve workweeks during any twelve-month period. 4. An employee shall reasonably consider the needs of the employer in scheduling family leave under this section or in using leave under section The family leave required by this chapter is not required to be granted with pay unless otherwise specified by agreement between the employer and employee, by collective bargaining agreement, or by employer policy. 6. The family leave required by this chapter supplements any leave otherwise available to an employee An employer that provides leave for its employees for illnesses or other medical or health reasons shall grant an employee's request to use that leave to care for the employee's child, spouse, or parent if the child, spouse, or parent has a serious health condition. An employee may take not more than eighty hours of leave under this section in any twelve-month period. The employer shall compensate the employee for leave used by the employee under this section on the same basis as the employee would be compensated if the leave had been taken due to the employee's own illness If an employee intends to request family leave for the reasons specified in subdivision a or b of subsection 1 of section , the employee, in a reasonable and practicable manner, shall give the employer advance notice of the expected birth or placement. 2. If an employee intends to take family leave for the reasons specified in subdivision c or d of subsection 1 of section , the employee shall: a. Make a reasonable effort to schedule the planned care or treatment so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider to the child, spouse, parent, or employee; and b. Give the employer advance notice of the planned care or treatment in a reasonable and practicable manner If an employee requests family leave for the reasons described in subdivision c or d of subsection 1 of section or leave under section , the employer may require the employee to provide certification, as described in subsection 2, from the provider of health care to the child, spouse, parent, or employee. 2. An employer may not require certification of more than: a. That the child, spouse, parent, or employee has a serious health condition. b. The date the serious health condition commenced and its probable duration. c. Within the knowledge of the health care provider, the medical facts regarding the serious health condition During a period that an employee takes family leave, the employer shall continue to make any group health insurance coverage or health care plan for its employees and their dependents available to the employee and the employee's dependents under the conditions that applied immediately before the family leave began. The employer is not required to pay any cost of insurance or health care for that employee and the employee's dependents while the employee is on family leave When an employee returns from family leave the employer shall immediately place the employee in an employment position as follows: a. If the employment position the employee held immediately before the family leave began is vacant, in that position. b. If the employment

80 position which the employee held immediately before the family leave began is not vacant, in an employment position having equivalent compensation, benefits, hours of employment, and other terms and conditions of employment. c. If, during the family leave, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good-faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or equivalent position. In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave. 2. If an employee on family leave requests a return to work before the end of the leave as scheduled, the employer shall place the employee in an employment position of the type described in subsection 1 within a reasonable time not exceeding the duration of the leave as scheduled. 3. No employer may, because an employee received family leave, reduce or deny an employment benefit that accrued to the employee before the employee's leave began or accrued after the employee's leave began. However, this chapter does not entitle a returning employee to a right, employment benefit, or employment position to which the employee would not have been entitled had the employee not taken family leave or to the accrual of any seniority or employment benefit during a period of family leave, unless otherwise provided by a collective or other agreement between the employer and employee No person may interfere with, restrain, or deny the exercise of any right provided under this chapter. In addition to any remedies otherwise provided by law, any person injured by a violation of this chapter has a claim for relief to recover any damages, together with costs and disbursements, including reasonable attorney's fees, and may receive injunctive and other equitable relief as determined by the court This chapter does not prohibit an employer from providing employees with rights to family leave which are more generous to the employee than the rights provided by this chapter. 2. This chapter does not limit or diminish an employee's rights or benefits under chapters through Ohio This chapter first applies, with respect to any employee covered by a collective bargaining agreement on January 1, 1990, on the day after that collective bargaining agreement expires or is extended or renewed Parental leave and benefits. (A)(1) Each permanent full-time and permanent parttime employee paid in accordance with section of the Revised Code and each employee listed in division (B)(2) or (4) of section of the Revised Code who works thirty or more hours per week, and who meets the requirement of division (A)(2) of this section is eligible, upon the birth or adoption of a child, for a parental leave of absence and parental leave benefits under this section. Parental leave of absence shall begin on the day of the birth of a child or on the day on which custody of a child is taken for adoption placement by the prospective parents. (2) To be eligible for leave and benefits under this section, an employee must be the biological parent of a newly born child or the legal guardian of and reside in the same household as a newly adopted child. Employees may elect to receive two thousand dollars for adoption expenses in lieu of receiving the paid leave benefit provided under this section. Such payment may be requested upon placement of the child in the employee s home. If the child is already residing in the home, payment may be requested at the time the adoption is approved. (3) The average number of regular hours worked, which shall include all hours of holiday pay and other types of paid leave, during the three-month period immediately preceding the day parental leave of absence begins shall be used to determine eligibility and benefits under this section for parttime employees, but such benefits shall not exceed forty hours per week. If an employee has not worked for a three-month period, the number of hours for which the employee has been scheduled to work per week during the employee s period of employment shall be used to determine eligibility and benefits under this section. (B) Parental leave granted under this

81 section shall not exceed six continuous weeks, which shall include four weeks or one hundred sixty hours of paid leave for permanent full-time employees and a prorated number of hours of paid leave for permanent part-time employees. All employees granted parental leave shall serve a waiting period of fourteen days that begins on the day parental leave begins and during which they shall not receive paid leave under this section. Employees may choose to work during the waiting period. During the remaining four weeks of the leave period, employees shall receive paid leave equal to seventy per cent of their base rate of pay. All of the following apply to employees granted parental leave: (1) They remain eligible to receive all employer-paid benefits and continue to accrue all other forms of paid leave as if they were in active pay status. (2) They are ineligible to receive overtime pay, and no portion of their parental leave shall be included in calculating their overtime pay. (3) They are ineligible to receive holiday pay. A holiday occurring during the leave period shall be counted as one day of parental leave and be paid as such. (C) Employees receiving parental leave may utilize available sick leave, personal leave, vacation leave, or compensatory time balances in order to be paid during the fourteen-day waiting period and to supplement the seventy per cent of their base rate of pay received during the remaining part of their parental leave period, in an amount sufficient to give them up to one hundred per cent of their pay for time on parental leave. Use of parental leave does not affect an employee s eligibility for other forms of paid leave granted under this chapter and does not prohibit an employee from taking leave under the Family and Medical Leave Act of 1993, 107 Stat. 6, 2601, except that parental leave shall be included in any leave time provided under that act. (D) Employees receiving disability leave benefits under section of the Revised Code prior to becoming eligible for parental leave shall continue to receive disability leave benefits for the duration of their disabling condition or as otherwise provided under the disability leave benefits program. If an employee is receiving disability leave benefits because of pregnancy and these benefits expire prior to the expiration date of any benefits the employee would have been entitled to receive under this section, the employee shall receive parental leave for such additional time without being required to serve an additional waiting period. [Editor s note: Ohio leave laws apply to state employees only.] Definitions. As used in this chapter: (A) Active duty means full-time duty in the active military service of the United States or active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or a proclamation of the governor. Active duty does not include active duty for training, initial active duty for training, or the period of time for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any duty unless such period is contemporaneous with an active duty period. (B) Benefits means the employment benefits, other than salary or wages, that an employer regularly provides or makes available to employees, including, but not limited to, medical insurance, disability insurance, life insurance, pension plans, and retirement plans. (C) Employer means a person who employs fifty or more employees and includes the state or any agency or instrumentality of the state, and any municipal corporation, county, township, school district, or other political subdivision of the state. (D) Employee has the same meaning as in section of the Revised Code. (E) Uniformed services means the armed forces, the Ohio organized militia when engaged in fulltime national guard duty, the commissioned corps of the public health service, and any other category of persons designated by the president of the United States in time of war or emergency Employer to provide leave for employee who is spouse or parent of member of military who is called to active duty or is injured or hospitalized while serving on active duty. (A) Once per calendar year, an employer shall allow an employee to take leave up to ten days or eighty hours, whichever is less, if all of the following conditions are satisfied: (1) The employer has employed the employee for at least twelve consecutive months and for at least one thousand two hundred fifty hours in the twelve months immediately preceding commencement of the leave. (2) The employee is the parent, spouse, or a person who has or had legal custody of

82 a person who is a member of the uniformed services and who is called into active duty in the uniformed services for a period longer than thirty days or is injured, wounded, or hospitalized while serving on active duty in the uniformed services. (3) The employee gives notice to the employer that the employee intends to take leave pursuant to this section at least fourteen days prior to taking the leave if the leave is being taken because of a call to active duty or at least two days prior to taking the leave if the leave is being taken because of an injury, wound, or hospitalization. If the employee receives notice from a representative of the uniformed services that the injury, wound, or hospitalization is of a critical or life-threatening nature, the employee may take the leave under this section without providing notice to the employer. (4) The dates on which the employee takes leave pursuant to this section occur no more than two weeks prior to or one week after the deployment date of the employee s spouse, child, or ward or former ward. (5) The employee does not have any other leave available for the employee s use except sick leave or disability leave. (B) An employer shall continue to provide benefits to the employee during the period of time the employee is on leave pursuant to this section. The employee shall be responsible for the same proportion of the cost of the benefits as the employee regularly pays during periods of time when the employee is not on leave. The employer is not required to pay salary or wages to the employee during the period of time the employee is on leave pursuant to this section. Upon the completion of the leave taken pursuant to this section, the employer shall restore the employee to the position the employee held prior to taking that leave or a position with equivalent seniority, benefits, pay, and other terms and conditions of employment. (C) An employer may require an employee requesting to use the leave established under this section to provide certification from the appropriate military authority to verify that the employee satisfies the criteria described in divisions (A)(2), (3), and (4) of this section Prohibited acts. (A) An employer shall not interfere with, restrain, or deny the exercise or attempted exercise of a right established under this chapter. (B) An employer shall not discharge, fine, suspend, expel, discipline, or discriminate against an employee with respect to any term or condition of employment because of the employee s actual or potential exercise, or support for another employee s exercise, of any right established under this chapter. This division does not prevent an employer from taking an employment action that is independent of the exercise of a right under this chapter. (C) An employer shall not deprive an employee who takes leave pursuant to section of the Revised Code of any benefit that accrued before the date that leave commences. (D) An employer shall not require an employee to waive the rights to which the employee is entitled pursuant to this chapter. (E) On and after the effective date of this section, an employer shall not enter into a collective bargaining agreement or employee benefit plan that limits or requires an employee to waive the rights established under this chapter. An employer shall comply with any collective bargaining agreement or employee benefit plan that provides leave benefits similar to the type established under this chapter that are greater than the leave benefits established under this chapter. (F) An employer may provide leave benefits greater than those established under this chapter Violation of chapter. Whoever violates this chapter is subject to a civil action for injunctive relief or any other relief that a court finds necessary to secure a right provided by this chapter. Oklahoma 530: (a) The federal Family and Medical Leave Act of 1993 entitles eligible employees to family and medical leave. This section is not a comprehensive listing of the provisions of the federal Family and Medical Leave Act of 1993 (29 U.S.C, 2654 et seq.) and regulations promulgated thereunder, and is not intended to conflict with either the Act or the regulations. To be eligible, an employee shall have been employed by the state at least 12 months and have worked at least 1,250 hours during the preceding 12-month period. (b) An eligible employee is entitled to family and medical leave for up to a total of 12 weeks during any 12-month period, for the following reasons: (1) the birth of the employee's son or daughter, and to care for the newborn child; (2) the placement with the employee of a son or daughter for adoption or foster care; (3) to care for the employee's spouse, son, daughter, or parent with a serious health condition. As used in this subsection, "son" or "daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either

83 under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability; and (4) a serious health condition that makes the employee unable to perform the functions of the employee's job. (c) An Appointing Authority may require that an employee's request for family and medical leave to care for the employee's seriously-ill spouse, son, daughter, or parent, or due to the employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee's position, be supported by a certification issued by the health care provider of the employee or the employee's ill family member. (d) The entitlement to family and medical leave resulting from (b)(1) and (b)(2) of this Section expires at the end of the 12-month period beginning on the date of the birth or placement. (e) When family and medical leave is taken to care for a sick family member as defined in (b)(3) of this Section or for an employee's own serious health condition, leave may be taken intermittently or on a reduced leave schedule when it is medically necessary. (f) Whenever it is possible, an employee shall schedule family and medical leave to accommodate the operations of the employee's agency. An employee shall give the Appointing Authority notice and a leave request at least 30 days before leave is to begin if the need for family and medical leave is expected. When the need for family and medical leave is unexpected, an employee shall give the Appointing Authority notice and a leave request as soon as possible. The notice and request shall: (1) be in writing; (2) refer to this Section; (3) describe the reason for the family and medical leave; (4) specify the type of leave the employee is requesting to account for the time off; and (5) include any information or documentation required for the type of leave requested. (g) The Appointing Authority has the responsibility to review requests for sick leave and leave without pay for designation as family and medical leave. The Appointing Authority's designation decision shall be based only on information provided by the employee or the employee's spokesperson. In accordance with the federal Family and Medical Leave Act, the Appointing Authority shall not designate leave as family and medical leave retroactively, unless the Appointing Authority does not have sufficient information concerning the employee's reason for taking the leave until after the leave period has begun. (h) Family and medical leave is not a separate type of leave, and it is not accrued or accumulated. An Appointing Authority shall give employees the following options to account for time lost because of leave under the federal Family and Medical Leave Act of (1) Charge to accumulated annual leave [74: ]; (2) Charge to accumulated sick leave [74: ]; (3) Charge to leave donated by other state employees under Section of Title 74 of the Oklahoma Statutes, which is also known as "shared leave"; and (4) Record as leave (i) The agency shall continue paying the employee's insurance coverage while the employee is on family and medical leave. (j) Upon return from family and medical leave, an employee shall have the right to be restored to the same or equivalent position and benefits, except for extension of his or her anniversary date for longevity pay, leave accrual, and calculation of retention points, he or she would have had if the employee had been continuously employed in pay status during the leave period. (k) An employee shall not be required to take more leave than necessary to resolve the circumstance that precipitated the need for leave. Oregon The Administrator of the Office of Personnel Management shall promulgate emergency and permanent leave rules as necessary to implement the federal Family and Medical Leave Act of 1993 and rules thereto. Such leave rules shall permit an employee to select any one or a combination of the following types of leave to account for authorized absences covered by the Family and Medical Leave Act of 1993: leave without pay; annual and sick leave accumulated by the employee and annual and sick leave donated by other state employees; and compensatory time. 659A.270. As used in ORS 659A.270 to 659A.285: (1) Covered employer means an employer who employs six or more individuals in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave to address domestic violence, harassment, sexual assault or stalking, or in the year immediately preceding the year in which an eligible employee takes leave to address domestic violence, harassment, sexual assault or stalking. (2) Eligible employee means an employee who: (a) Worked an average of more than 25 hours per week for a covered employer for at least 180 days

84 immediately before the date the employee takes leave; and (b) Is a victim of domestic violence, harassment, sexual assault or stalking or is the parent or guardian of a minor child or dependent who is a victim of domestic violence, harassment, sexual assault or stalking. (3) Protective order means an order authorized by ORS , (1)(c), to , to or to or any other order that restrains an individual from contact with an eligible employee or the employee s minor child or dependent. (4) Victim of domestic violence means: (a) An individual who has been a victim of abuse, as defined in ORS ; or (b) Any other individual designated as a victim of domestic violence by rule adopted under ORS 659A.805. (5) Victim of harassment means: (a) An individual against whom harassment has been committed as described in ORS (b) Any other individual designated as a victim of harassment by rule adopted under ORS 659A.805. (5) Victim of sexual assault means: (a) An individual against whom a sexual offense has been committed as described in ORS to or ; or (b) Any other individual designated as a victim of sexual assault by rule adopted under ORS 659A.805. (6) Victim of stalking means: (a) An individual against whom stalking has been committed as described in ORS ; or (b) Any other An individual designated as a victim of stalking by rule adopted under ORS 659A.805[.]; or (c) An individual who has obtained a court s stalking protective order or a temporary court s stalking protective order under ORS (7) Victim services provider means a prosecutor-based victim assistance program or a nonprofit program offering safety planning, counseling, support or advocacy related to domestic violence, harassment, sexual assault or stalking. 659A.272. Except as provided in ORS 659A.275, a covered employer shall allow an eligible employee to take reasonable leave from employment for any of the following purposes: (1) To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee s minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, harassment, sexual assault or stalking. (2) To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault to or harassment or stalking of the eligible employee or the employee s minor child or dependent. (3) To obtain, or to assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of domestic violence, harassment, sexual assault or stalking. (4) To obtain services from a victim services provider for the eligible employee or the employee s minor child or dependent. (5) To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employee s minor child or dependent. 659A.280. (1) An eligible employee shall give the covered employer reasonable advance notice of the employee s intention to take leave for the purposes identified in ORS 659A.272, unless giving the advance notice is not feasible. (2) The covered employer may require the eligible employee to provide certification that: (a) The employee or the employee s minor child or dependent is a victim of domestic violence, harassment, sexual assault or stalking; and (b) The leave taken is for one of the purposes identified in ORS 659A.272. (3) The eligible employee shall provide the certification within a reasonable time after receiving the covered employer s request for the certification. (4) Any of the following constitutes sufficient certification: (a) A copy of a police report indicating that the eligible employee or the employee s minor child or dependent was a victim of domestic violence, harassment, sexual assault or stalking. (b) A copy of a protective order or other evidence from a court, administrative agency or attorney that the eligible employee appeared in or was preparing for a civil, [or] criminal or administrative proceeding related to domestic violence, harassment, sexual assault or stalking. (c) Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy or victim services provider that the eligible employee or the employee s minor child or dependent was undergoing treatment or counseling, obtaining services or relocating as a result of domestic violence, harassment, sexual assault or stalking. (5) All records and information kept by a covered employer regarding an

85 eligible employee s leave under ORS 659A.270 to 659A.285, including the fact that the employee has requested or obtained leave under ORS 659A.272, are confidential and may not be released without the express permission of the employee, unless otherwise required by law. 659A.290. (1) As used in this section: (a) Reasonable safety accommodation may include, but is not limited to, a transfer, reassignment, modified schedule, unpaid leave from employment, changed work telephone number, changed work station, installed lock, implemented safety procedure or any other adjustment to a job structure, workplace facility or work requirement in response to actual or threatened domestic violence, harassment, sexual assault or stalking. (b) Victim of domestic violence has the meaning given that term in ORS 659A.270. (c) Victim of sexual assault has the meaning given that term in ORS 659A.270. (d) Victim of stalking has the meaning given that term in ORS 659A.270. (2) It is an unlawful employment practice for an employer to: (a) Refuse to hire an otherwise qualified individual because the individual is a victim of domestic violence, harassment, sexual assault or stalking. (b) Discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an individual with regard to promotion, compensation or other terms, conditions or privileges of employment because the individual is a victim of domestic violence, harassment, sexual assault or stalking. (c) Refuse to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, harassment, sexual assault or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer, as determined under ORS 659A.121. (3)(a) Prior to making a reasonable safety accommodation, an employer may require an individual to provide certification that the individual is a victim of domestic violence, harassment, sexual assault or stalking. (b) An individual must provide a certification required under paragraph (a) of this subsection within a reasonable time after receiving the employer s request for certification. (c) Any of the following constitutes sufficient certification: (A) A copy of a police report indicating that the individual was or is a victim of domestic violence, harassment, sexual assault or stalking. (B) A copy of a protective order or other evidence from a court, administrative agency or attorney that the individual appeared in or is preparing for a civil, [or] criminal or administrative proceeding related to domestic violence, harassment, sexual assault or stalking. (C) Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy or victim services provider that the individual was or is undergoing treatment or counseling, obtaining services or relocating as a result of domestic violence, harassment, sexual assault or stalking. (d) All records and information kept by an employer regarding a reasonable safety accommodation made for an individual are confidential and may not be released without the express permission of the individual, unless otherwise required by law. SECTION 5. Section 6 of this 2011 Act is added to and made a part of ORS chapter 240. SECTION 6. An employee in the state service employed in an unclassified or exempt position who is not a confidential employee, managerial employee or supervisory employee, as defined in ORS , and who is not represented by an exclusive representative as defined in ORS may be accompanied by an individual selected by the employee to be present during any interview with the employee requested by the appointing authority, manager or supervisor of the employee. SECTION 7. The amendments to ORS 659A.270, 659A.272, 659A.280 and 659A.290 by sections 1 to 4 of this 2011 Act apply to actions and proceedings commenced before, on or after the effective date of this 2011 Act. 659A.150. As used in ORS 659A.150 to 659A.186:(1) 'Covered employer' means an employer described in ORS 659A.153. (2) 'Eligible employee' means any employee of a covered employer other than those employees exempted under the provisions of ORS 659A.156. (3) 'Family leave' means a leave of absence described in ORS 659A.159.(4) 'Family member' means the spouse of an employee, the biological, adoptive or foster parent or child of the employee, the grandparent or grandchild of the employee, a parent-in-law of the employee or a person with whom the employee was or is in a relationship of in loco parentis.(5) 'Health care provider' means:(a) A person who is primarily responsible for providing healthcare to an eligible employee or a family member of an eligible employee, who is performing within the scope of the person's professional license or certificate and who is:(a) A physician licensed to practice medicine under ORS

86 , including a doctor of osteopathy;(b) A podiatrist licensed under ORS ;(C) A dentist licensed under ORS ;(D) A psychologist licensed under ORS ;(E) An optometrist licensed under ORS ;(F) A naturopath licensed under ORS ;(G) A registered nurse licensed under ORS ;(H) A nurse practitioner certified under ORS ;(I) A direct entry midwife licensed under ORS ;(J) A licensed registered nurse who is certified by the Oregon State Board of Nursing as a nurse midwife nurse practitioner;(k) A clinical social worker licensed under ORS ; or(l) A chiropractic physician licensed under ORS , but only to the extent the chiropractic physician provides treatment consisting of manual manipulation of the spine to correct a subluxation demonstrated to exist by X-rays. (b) A person who is primarily responsible for the treatment of an eligible employee or a family member of an eligible employee solely through spiritual means, including but not limited to a Christian Science practitioner.(6) 'Serious health condition' means:(a) An illness, injury, impairment or physical or mental condition that requires inpatient care in a hospital, hospice or residential medical care facility;(b) An illness, disease or condition that in the medical judgment of the treating health care provider poses an imminent danger of death, is terminal in prognosis with a reasonable possibility of death in the near future, or requires constant care; or(c) Any period of disability due to pregnancy, or period of absence for prenatal care. 659A.183. A covered employer who denies family leave to an eligible employee in the manner required by ORS 659A.150 to 659A.186 commits an unlawful employment practice. It is an unlawful practice for a covered employer to:(1) Deny family leave to which an eligible employee is entitled under ORS 659A.150 to 659A.186; or(2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of ORS 659A.150 to 659A.186, submitted a request for family leave or invoked any provision of ORS 659A.150 to 659A A.156 (1) All employees of a covered employer are eligible to take leave for one of the purposes specified in ORS 659A.159 (1)(b) to (d) except: (a) An employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would commence. (b) An employee who worked an average of fewer than 25 hours per week for the covered employer during the 180 days immediately preceding the date on which the family leave would commence. (2) All employees of a covered employer are eligible to take leave for the purpose specified in ORS 659A.159 (1)(a) except an employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would commence. 659A.159 (1) Family leave under ORS 659A.150 to 659A.186 may be taken by an eligible employee for any of the following purposes: (a) To care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability. (b) To care for a family member with a serious health condition. (c) To recover from or seek treatment for a serious health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employee's regular position. (d) To care for a child of the employee who is suffering from an illness, injury or condition that is not a serious health condition but that requires home care. (2) Leave under subsection (1)(a) of this section must be completed within 12 months after birth or placement of the child, and an eligible employee is not entitled to any period of family leave under subsection (1)(a) of this section after the expiration of 12 months after birth or placement of the child. 659A.162 (1) Except as specifically provided by ORS 659A.150 to 659A.186, an eligible employee is entitled to up to 12 weeks of family leave within any one-year period. (2)(a) In addition to the 12 weeks of leave authorized by subsection (1) of this section, a female employee may take a total of 12 weeks of leave within any one-year period for an illness, injury or

87 condition related to pregnancy or childbirth that disables the employee from performing any available job duties offered by the employer. (b) An employee who takes 12 weeks of family leave within a one-year period for the purpose specified in ORS 659A.159 (1)(a) may take up to an additional 12 weeks of leave within the one-year period for the purpose specified in ORS 659A.159 (1)(d). (3) When two family members work for the same covered employer, the employees may not take concurrent family leave unless: (a) One employee needs to care for the other employee who is suffering from a serious health condition; or (b) One employee needs to care for a child who has a serious health condition while the other employee is also suffering a serious health condition. (4) An employee may take family leave for the purposes specified in ORS 659A.159 (1)(a) in two or more nonconsecutive periods of leave only with the approval of the employer. (5) Leave need not be provided to an eligible employee by a covered employer for the purpose specified in ORS 659A.159 (1)(d) if another family member is available to care for the child. (6) The Commissioner of the Bureau of Labor and Industries shall adopt rules governing when family leave for a serious health condition of an employee or a family member of the employee may be taken intermittently or by working a reduced workweek. Rules adopted by the commissioner under this subsection shall allow taking of family leave on an intermittent basis or by use of a reduced workweek to the extent permitted by federal law and to the extent that taking family leave on an intermittent basis or by use of a reduced workweek will not result in the loss of an employee's exempt status under the federal Fair Labor Standards Act. 659A.165 (1) Except as provided in subsection (2) of this section, a covered employer may require an eligible employee to give the employer written notice at least 30 days before commencing family leave. The employer may require the employee to include an explanation of the need for the leave in the notice. (2) An eligible employee may commence taking family leave without prior notice under the following circumstances: (a) An unexpected serious health condition of an employee or family member of an employee; (b) An unexpected illness, injury or condition of a child of the employee that requires home care; or (c) A premature birth, unexpected adoption or unexpected foster placement. (3) If an employee commences leave without prior notice under subsection (2) of this section, the employee must give oral notice to the employer within 24 hours of the commencement of the leave, and must provide the written notice required by subsection (1) of this section within three days after the employee returns to work. The oral notice required by this subsection may be given by any other person on behalf of the employee taking the leave. (4) If the employee fails to give notice as required by subsections (1) and (3) of this section, the employer may reduce the period of family leave required by ORS 659A.162 by three weeks, and the employee may be subject to disciplinary action under a uniformly applied policy or practice of the employer. 659A.168 (1) Except as provided in subsection (2) of this section, a covered employer may require medical verification from a health care provider of the need for the leave if the leave is for a purpose described in ORS 659A.159 (1)(b) to (d). If an employee is required to give notice under ORS 659A.165 (1), the employer may require that medical verification be provided by the employee before the leave period commences. If the employee commences family leave without prior notice pursuant to ORS 659A.165 (2), the medical verification must be provided by the employee within 15 days after the employer requests the medical verification. The employer may require an employee to obtain the opinion of a second health care provider designated by the employer, at the employer's expense. If the opinion of the second health care provider conflicts with the medical verification provided by the employee, the employer may require the two health care providers to designate a third health care provider to provide an opinion at the employer's expense. The opinion of the third health care provider shall be final and binding on the employer and employee. In addition to the medical verifications provided for in this subsection, an employer may require subsequent medical verification on a reasonable basis. (2) A covered employer may require medical verification for leave taken for the purpose described in ORS 659A.159 (1)(d) only after an employee has taken more than three days of leave under ORS 659A.159 (1)(d) during any one-year period. Any medical verification required under this subsection must be paid for by the covered employer. An employer may not require an employee

88 to obtain the opinion of a second health care provider for the purpose of medical verification required under this subsection. (3) Subject to the approval of the health care provider, the employee taking family leave for a serious health condition of the employee or a family member of the employee shall make a reasonable effort to schedule medical treatment or supervision at times that will minimize disruption of the employer's operations. 659A.171 (1) After returning to work after taking family leave under the provisions of ORS 659A.150 to 659A.186, an eligible employee is entitled to be restored to the position of employment held by the employee when the leave commenced if that position still exists, without regard to whether the employer filled the position with a replacement worker during the period of family leave. If the position held by the employee at the time family leave commenced no longer exists, the employee is entitled to be restored to any available equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. If an equivalent position is not available at the job site of the employee's former position, the employee may be offered an equivalent position at a job site located within 20 miles of the job site of the employee's former position. (2) Except for employee benefits used during the period of leave, the taking of family leave under ORS 659A.150 to 659A.186 shall not result in the loss of any employment benefit accrued before the date on which the leave commenced. (3) This section does not entitle any employee to: (a) Any accrual of seniority or employment benefits during a period of family leave; or (b) Any right, benefit or position of employment other than the rights, benefits and position that the employee would have been entitled to had the employee not taken the family leave. (4)(a) Before restoring an employee to a position under subsection (1) of this section, an employer may require that the employee receive certification from the employee's health care provider that the employee is able to resume work. Certification under this subsection may only be required pursuant to a uniformly applied practice or policy of the employer. (b) This subsection does not affect the ability of an employer to require an employee during a period of family leave to report periodically to the employer on the employee's status and on the employee's intention to return to work. (5) Benefits are not required to continue to accrue during a family leave unless continuation or accrual is required under an agreement of the employer and the employee, a collective bargaining agreement or an employer policy. Notwithstanding ORS (3), if the employer is required or elects to pay any part of the costs of providing health, disability, life or other insurance coverage for an employee during the period of family leave that should have been paid by the employee, the employer may deduct from the employee's pay such amounts upon the employee's return to work until the amount the employer advanced toward the payments is paid. In no event may the total amount deducted for insurance under the provisions of this subsection exceed 10 percent of the employee's gross pay each pay period. (6) Notwithstanding ORS (3), if the employer pays any part of the costs of health, disability, life or other insurance coverage for an employee under the provisions of subsection (5) of this section, and the employee does not return to employment with the employer after taking family leave, the employer may deduct amounts paid by the employer from any amounts owed by the employer to the employee, or may seek to recover those amounts by any other legal means, unless the employee fails to return to work because of: (a) A continuation, reoccurrence or onset of a serious health condition that would entitle the employee to leave for one of the purposes specified by ORS 659A.159 (1)(b) or (c); or (b) Other circumstances beyond the control of the employee. 659A.174 (1) Except as provided in subsections (2) and (3) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, family leave is not required to be granted with pay. (2) An employee on family leave is entitled to utilize any paid accrued vacation leave during the period of family leave, or to utilize any other paid leave that is offered by the employer in lieu of vacation leave during the period of family leave. (3) An employee taking family leave for the purpose specified in ORS 659A.159 (1)(a) is entitled to utilize any paid accrued sick leave in addition to paid leave that may be utilized under subsection (2) of this section. (4) Subject to the terms of any agreement between the eligible employee and the

89 covered employer or the terms of a collective bargaining agreement, the employer may determine the particular order in which accrued leave is to be used in circumstances in which more than one type of accrued leave is available to the employee. (5) Except as provided by subsection (3) of this section, ORS 659A.150 to 659A.186 do not require an employer to provide or allow the use of any form of paid sick leave, paid medical leave or paid family leave in any situation in which the employer would not normally provide or allow use of paid sick leave, paid medical leave or paid family leave. 659A.177(1) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher requests leave for one of the purposes specified in ORS 659A.159 (1)(b) or (c), the need for the leave is foreseeable, and the employee will be on leave for more than 20 percent of the total number of working days in the period during which the leave would extend, the employer of the teacher may require that the employee elect one of the two following options: a) The employee may elect to take leave for a period or periods of a particular duration, not to exceed the duration of the anticipated medical treatment; or (b) The employee may elect to transfer temporarily to an available alternative position that better accommodates recurring periods of leave than the regular position of the employee. The teacher must be qualified for the alternative position, and the position must have pay and benefits that are equivalent to the pay and benefits of the employee's regular position. (2) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for the purpose specified in ORS 659A.159 (1)(c) more than five weeks before the end of an academic term, the employer of the teacher may require that the employee continue on family leave until the end of the term if: (a) The leave is of at least three weeks' duration; and(b) The employee's return to employment would occur during the three-week period before the end of the term. (3) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for one of the purposes specified in ORS 659A.159 (1)(a) or (b) during the five weeks before the end of an academic term, the employer of the teacher may require that the employee continue on family leave until the end of the term if: (a) The leave is of at least two weeks' duration; and (b) The employee's return to employment would occur during the two-week period before the end of the term. (4) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for one of the purposes specified in ORS 659A.159 (1)(a) or (b) during the three-week period before the end of the term, and the duration of the leave is greater than five working days, the employer of the teacher may require that the employee continue on family leave until the end of the term. (5) The provisions of this section apply only to an employee who is employed principally in an instructional capacity by a public kindergarten, elementary school, secondary school or education service district. 659A.180 A covered employer shall post a notice of the requirements of ORS 659A.150 to 659A.186 in every establishment of the employer in which employees are employed. The Bureau of Labor and Industries shall provide notices to covered employers meeting the requirements of this section. 659A.183 A covered employer who denies family leave to an eligible employee in the manner required by ORS 659A.150 to 659A.186 commits an unlawful employment practice. 659A.186 (1) ORS 659A.150 to 659A.186 do not limit any right of an employee to family medical leave to which the employee may be entitled under any agreement between the employer and the employee, collective bargaining agreement or employer policy. (2) ORS 659A.150 to 659A.186 shall be construed to the extent possible in a manner that is consistent with any similar provisions of the federal Family and Medical Leave Act of Family leave taken under ORS 659A.150 to 659A.186 must be taken concurrently with any leave taken under the federal Family and Medical Leave Act of [Editor s Note: Effective January 2, 2014, employers with six or more employees are required

90 to provide five days (40 hours) of paid sick leave per year to employees to care for their own illness or for a sick family member. Smaller employers are mandated to grant up to 40 hours of unpaid sick leave. In addition, employers are also required to post notice of employees leave rights and maintain records of leave time accrued and used by employees.] Pennsylvania (a) Nothing in this subchapter prohibits an employment policy that permits granting of leave for purposes of childrearing beyond the period of actual disability, but the leave may not include payment of sickness or disability benefits. (b) Should an employer maintain a written or unwritten employment policy or practice which allows employees leave for purposes of childrearing and child care, the leave shall be equally applicable to both male and female employees. The word "child" or "children" used in this section includes children by birth or adoption. Rhode Island As used in this chapter, the following words and terms have the following meanings: (1) "Director" means the director of the department of labor and training. (2) "Employee" means any full-time employee who works an average of thirty (30) or more hours per week. (3) "Employer" means and includes: (i) any person, sole proprietorship, partnership, corporation, or other business entity that employs fifty (50) or more employees, (ii) the state of Rhode Island, including the executive, legislative, and judicial branches, and any state department or agency that employs any employees, (iii) any city or town or municipal agency that employs thirty (30) or more employees, and (iv) any person who acts directly or indirectly in the interest of any employer. (4) "Family leave" means leave by reason of the serious illness of a family member. (5) "Family member" means a parent, spouse, child, mother-in-law, father-in-law, or the employee himself or herself, and with respect to employees of the state as defined in subsection (3)(ii), shall include domestic partners as defined in (3). (6) "Parental leave" means leave by reason of the birth of a child of an employee or the placement of a child sixteen (16) years of age or less with an employee in connection with the adoption of the child by the employee. (7) "Serious illness" means a disabling physical or mental illness, injury, impairment, or condition that involves inpatient care in a hospital, a nursing home, or a hospice, or outpatient care requiring continuing treatment or supervision by a health care provider (a) Every employee who has been employed by the same employer for twelve (12) consecutive months shall be entitled, upon advance notice to his or her employer, to thirteen (13) consecutive work weeks of parental leave or family leave in any two (2) calendar years. The employee shall give at least thirty (30) days notice of the intended date upon which parental leave or family leave shall commence and terminate, unless prevented by medical emergency from giving the notice. The director shall promulgate regulations governing the form and content of the employee's notice to the employer. (b) Parental leave or family leave granted pursuant to this chapter may consist of unpaid leave. If an employer provides paid parental leave or family leave for fewer than thirteen (13) weeks, the additional weeks of leave added to attain the total of thirteen (13) weeks required by subsection (a) of this section may be unpaid. (c) The employer may request that the employee provide the employer with written certification from a physician caring for the person who is the reason for the employee's leave, which certification shall specify the probable duration of the employee's leave (a) Every employee who exercises his or her right to parental leave or family leave under this chapter shall, upon the expiration of that leave, be entitled to be restored by the employer to the position held by the employee when the leave commenced, or to a position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment, including fringe benefits and service credits that the employee had been entitled to at the commencement of leave. (b) During any parental leave or family leave taken pursuant to this chapter, the employer shall maintain any existing health benefits of the employee in force for the duration of the leave as if the employee had continued in employment continuously from the date he or she commenced the leave until the date he or she returns to employment pursuant to subsection (a) of this section. (c) Prior to commencement of parental leave or family leave, the employee shall pay to the employer a sum equal to the premium required to maintain the

91 employee's health benefits in force during the period of parental leave. The employer shall return the payment to the employee within ten (10) days following the employee's return to employment (a) The taking of parental leave or family leave pursuant to this chapter shall not result in the loss of any benefit accrued before the date on which the leave commenced. (b) Except as provided in (b), nothing in this chapter shall be construed to entitle any employee who takes parental leave or family leave pursuant to this chapter to any benefit other than benefits to which the employee would have been entitled had he or she not taken the leave. (c) Nothing in this chapter shall be construed to affect an employer's obligation to comply with any collective bargaining agreement or employment benefit plan that provides greater parental leave or family leave rights to employees than the rights provided under this chapter. (d) The parental leave and family leave rights mandated by this chapter shall not be diminished by any collective bargaining agreement or by any employment benefit plan. (e) Nothing in this chapter shall be construed to affect or diminish the contract rights or seniority status of any other employee of any employer covered by this chapter (a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by this chapter. (b) It shall be unlawful for any employer to discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee for exercising any right provided by this chapter. (c) It shall be unlawful for any employer to discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee for opposing any practice made unlawful by this title Any employer who allows sick time or sick leave of an employee to be utilized after the birth of a child shall allow the same time to be used for the placement of a child sixteen (16) years of age or less with an employee in connection with the adoption of the child by the employee The following words or phrases as used in this chapter mean the following: (1) 'Employee' means any person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment. 'Employee' does include an independent contractor. 'Employee' includes an employee of a covered employer who has been employed by the same employer for at least twelve (12) months, and has been employed from at least one thousand two hundred fifty (1,250) hours of service during a twelve (12) month period immediately preceding the commencement of leave. (2)'Employee benefits' means all benefits, other than salary or wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance and pensions, regardless of whether benefits are provided by a policy or practice of an employer. (3) 'Employer' means any person, partnership, corporation, association, other business entities, the state of Rhode Island, Rhode Island municipalities, and other units of local government. (4) 'Family military leave', means leave requested by an employee who is the spouse or parent of a person called to military service lasting longer than thirty (30)days with the state of Rhode Island or the United States pursuant to the orders of the governor of Rhode Island or the President of the United States Family military leave requirements. -- (a) Any employer, as defined in section , that employs between fifteen (15) and fifty (50) employees shall provide up to fifteen (15) days of unpaid family military leave to an employee during the time federal or state orders are in effect, in accordance with the provisions set forth in this section. Family military leave granted under this act may consist of unpaid leave. (b) Any employer, as defined in section , that employs more than fifty (50) employees shall provide up to thirty (30) days of unpaid family military leave to an employee during the time federal or state orders are in effect, in accordance with the provisions set forth in this section. Family military leave granted under this act may

92 consist of unpaid leave. (c) The employee shall give at least fourteen (14) days notice of the intended date upon which family military leave will commence if the leave will consist of five (5) or more consecutive workdays. Where able the employee shall consult with the employer to schedule the leave to not unduly disrupt the operations of the employer. Employees taking military family leave for less than five (5) consecutive days shall give the employer advances notice as is practicable. The employer may require certification from the proper military authority to verify the employee's eligibility to take the requested family military leave. (d) An employee shall not take leave as provided under this act unless he or she has exhausted all accrued vacation leave, personal leave, compensatory leave or time, and any other leave that may be granted to the employee, with the exception of sick leave and disability leave (a) Any employee who exercises the right to family military leave under this act, upon the expiration of their leave, shall be entitled to restoration, by the employer, to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This section does not apply if the employer proves that the employee was not restored as provided in this section because of conditions unrelated to the employee's exercise of rights under this act. (b) During any family military leave taken under this act, the employer shall make it possible for employees to continue their benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave. South Carolina (a) An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise any right provided under this act. (b) An employer shall not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee that exercises any right provided under this act. (c) An employer shall not discharge, fine, suspend, expel or discipline or in any other manner discriminate against any employee for opposing any practice made unlawful under this act (A) All full-time state employees in FTE positions are entitled to fifteen days' sick leave a year with pay. Sick leave is earned by full-time state employees in FTE positions at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board. All part-time state employees in FTE positions are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified in this section. If an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board may promulgate regulations in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave. (B) State employees in FTE positions who are physically attacked while in the performance of official duties and suffer bodily harm as a result of the attack must be placed on administrative leave with pay by their employers rather than sick leave. The period of administrative leave for each incident may not exceed one hundred eighty calendar days. (C) Employees earning sick leave as provided in this section may use not more than ten days of sick leave annually to care for ill members of their immediate families. For purposes of this section, the employee's "immediate family" means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, legal guardian, and grandchildren (A) An adoptive parent who is employed by this State, its departments, agencies, or institutions may use up to six weeks of his accrued sick leave to take time off for purposes of caring for the child after placement. The employer shall not penalize an employee for requesting or obtaining time off according to this section. (B) The leave authorized by this section may be requested by the employee only if the employee is the person who is primarily responsible for furnishing the care and nurture of the child.

93 [Note: South Carolina provisions regarding parental/adoption leave apply only to state employees.] South Dakota Adoption of a child by any state employee is treated as natural childbirth for leave purposes. Tennessee Note: South Dakota provisions regarding parental/adoption leave apply only to state employees Special leave shall be granted for a period of thirty (30) working days to adoptive parents. Employees may use sick leave for all or a portion of that thirty (30) days, not to exceed the employee's leave balance if the child is one (1) year old or less; in the event both parents are state employees, the aggregate of sick leave used for such purpose is limited to thirty (30) days. In order to be eligible for adoptive leave, the employee shall submit to the appointing authority a statement from a state-licensed child-placing agency verifying the adoption. Additional special leave may be granted at the discretion of the appointing authority not to exceed one (1) year. In the event the adoption process is not completed, the approval of leave pursuant to this section is rescinded. The provisions of this section shall not apply in case of stepchild or adult adoption (a) Employees who have been employed by the same employer for at least twelve (12) consecutive months as full-time employees, as determined by the employer at the job site or location, may be absent from such employment for a period not to exceed four (4) months for adoption, pregnancy, childbirth and nursing an infant, where applicable, referred to as "leave" in this section. With regard to adoption, the four-month period shall begin at the time an employee receives custody of the child. (b) (1) Employees who give at least three (3) months' advance notice to their employer of their anticipated date of departure for such leave, their length of leave, and their intention to return to full-time employment after leave, shall be restored to their previous or similar positions with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of their leave. (2) Employees who are prevented from giving three (3) months' advance notice because of a medical emergency that necessitates that leave begin earlier than originally anticipated shall not forfeit their rights and benefits under this section solely because of their failure to give three (3) months' advance notice. (3) Employees who are prevented from giving three (3) months' advance notice because the notice of adoption was received less than three (3) months in advance shall not forfeit their rights and benefits under this section solely because of their failure to give three (3) month's advance notice. (c) (1) Leave may be with or without pay at the discretion of the employer. Such leave shall not affect the employees' right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which the employees were eligible at the date of their leave, and any other benefits or rights of their employment incident to the employees' employment position; provided, that the employer need not provide for the cost of any benefits, plans or programs during the period of such leave, unless such employer so provides for all employees on leaves of absence. (3) The purpose of this section is to provide leave time to employees for adoption, pregnancy, childbirth and nursing the infant, where applicable; therefore, if an employer finds that the employee has utilized the period of leave to actively pursue other employment opportunities or if the employer finds that the employee has worked part time or full time for another employer during the period of leave, then the employer shall not be liable under this section for failure to reinstate the employee at the end of the leave. (3) Diminish or restrict the rights of teachers to leave pursuant to title 49, chapter 5, part 7, or to return or to be reinstated after leave. (e) The provisions of this section shall be included in the next employee handbook published by the employer after May 27, (a) (1) Sick leave may be granted to each officer and employee who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis, at the rate of one (1) day for each month of service or major fraction thereof, at the discretion of the head of the department or agency and with the approval of the commissioner of personnel. (2) Sick leave shall be cumulative for all earned days not used. Saturdays, Sundays, and official holidays falling within a leave period

94 shall not be charged as leave, unless such days are considered as work days for the employee in the employee's particular assignment. Part-time employees, employees holding temporary positions for less than six (6) months, seasonal employees, and emergency employees in the career service are expressly excluded from the provisions of this subsection (a). (3) Sick leave may only be used for absence from duty because of illness or disability due to accident of employee, the employee's exposure to contagious diseases, or because of illness or death in the immediate family of the employee for such period as the attendance of the employee shall be necessary, except as hereinafter provided. (4) Sick leave may be used for maternity or paternity leave for a period not to exceed the employee's accumulated sick leave balance or thirty (30) working days, whichever is less. In order to be eligible for the use of sick leave as maternity or paternity leave, the employee must submit a written request therefor, together with a statement from the attending physician indicating the expected date of confinement, not later than the end of the fifth month of pregnancy. In the event both parents are state employees, the aggregate of sick leave used for maternity and paternity leave is limited to thirty (30) days. (5) An employee may be required to present evidence in the form of personal affidavits, physicians' certificates, or other testimonials, at the request of the appointing authority or the commissioner of personnel, to support the reason for any absence during the time for which sick leave was taken. The appointing authority may not deny sick leave to any employee who furnishes a statement of a licensed physician or accredited Christian Science practitioner in support of the reason for the absence. However, the appointing authority may require additional documentation if, upon further investigation, there is substantial evidence of sick leave abuse by the employee. (b) Each officer and employee who is employed full time and who has accumulated the maximum number of allowable annual leave days shall have any additional leave days accrued in excess of the maximum amount transferred annually to the officer's or employee's credit as sick leave. (c) (1) The commissioner of personnel shall develop policies and procedures which shall allow for the transfer of sick leave between employees who are covered by this part. (2) Employees shall be members of the sick leave bank established in part 9 of this chapter to be eligible for a transfer of sick leave from another employee. (3) The commissioner shall establish one (1) open enrollment period for the sick leave bank following April 12, 1994 which shall be in addition to the enrollment period established in (c). Such open enrollment period shall not exceed sixty (60) days. Note: Sec of the Tennessee provisions regarding parental/adoption leave apply only to state employees Texas (a) To the extent required by federal law, a state employee who has a total of at least 12 months of state service and who has worked at least 1,250 hours during the 12-month period preceding the beginning of leave under this section is entitled to leave under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.). (b) The employee must first use all available and applicable paid vacation and sick leave while taking leave under this section, except that an employee who is receiving temporary disability benefits or workers' compensation benefits is not required to first use applicable paid vacation or sick leave while receiving those benefits (a) A state employee who has been employed for fewer than 12 months by the state or who worked fewer than 1,250 hours during the 12-month period preceding the beginning of leave under this section is eligible to take a parental leave of absence not to exceed 12 weeks in accordance with this section. (b) The employee must first use all available and applicable paid vacation and sick leave while taking the leave, and the remainder of the leave is unpaid. (c) The leave authorized by this section is limited to, and begins on the date of, the birth of a natural child of the employee or the adoption by or foster care placement with the employee of a child younger than three years of age. Utah [Note: Texas provisions regarding FMLA leave apply only to state employees] R (1) (3) Sick leave shall be granted for (a) preventive health and dental care, maternity,

95 paternity and adoption care, or for absence from duty because of illness, injury or temporary disability of the employee, a spouse or dependents living in the employee's home; (b) FMLA purposes under R ; or (c) exceptions for other unique medical situations. Any absence for illness beyond the accrued sick leave credit may continue under the following provisions: (a) an approved leave without pay status, not to exceed 12 months; (b) an approved Family Medical Leave Status; or (c) in an annual or other accrued leave status. R (2) Medical Reasons (a) An employee of the state who is ineligible for FMLA, Workers Compensation, or Long Term Disability may be granted leave without pay for medical reasons. (b) Medical leave without pay may be granted for no more than 12 months. Medical leave may be approved if a registered health practitioner certifies that an employee is temporarily disabled. (c) An employee who is granted this leave shall provide a monthly status update to the employee's supervisor. R (1) This section, R (1), is effective until January 1, This rule conforms to the federal Family and Medical Leave Act, 29 USC Employees eligible under this rule shall continue to receive medical insurance benefits provided the employee was entitled to medical insurance benefits prior to the commencement of FMLA leave. (a) Agency management shall authorize up to 12 weeks of leave each calendar year to employees for any of the following reasons: (i) birth of a child; (ii) adoption of a child; (iii) placement of a foster child; (iv) a serious health condition of the employee; or (v) care of a spouse, dependent child or parent with a serious medical condition. This paragraph and section, R (1), are effective on January 1, This rule parallels the federal Family and Medical Leave Act, 29 USC Family and medical leave (FMLA) may be authorized when appropriate. This provision does not authorize FMLA leave in excess of that provided for by federal statutes and regulations. (1) An employee is entitled to 12 weeks of family and medical leave in a 12 month period. (a) The amount of FMLA leave available to an employee shall be 12 weeks minus any FMLA leave used in the immediately preceding 12 month period. (b) Agency management shall approve FMLA leave for any of the following reasons: (i) birth of a child; (ii) adoption of a child; (iii) placement of a foster child; (iv) a serious health condition of the employee; or (v) care of a spouse, dependent child, or parent with a serious medical condition. (c) An employee on FMLA leave shall continue to receive the same health insurance benefits the employee was receiving prior to the commencement of FMLA leave. (2) To be eligible for family medical leave, the employee must: (a) be employed by the state for at least 12 months; (b) be employed by the state for a minimum of 1250 compensable work hours as determined under FMLA during the 12 month period immediately preceding the commencement of leave; and (c) apply in writing to the agency when the reason for requesting family medical leave changes in the course of a year. (3) An employee, or an appropriate spokesperson, shall submit a leave request (a) thirty days in advance for foreseeable needs; or (b) as soon as possible in emergencies. (4) Agency Responsibility (a) Agency management shall be responsible for: (i) documenting employee leave requests which qualify as FMLA leave; and (ii) designating any qualifying leave taken by an employee as FMLA leave. All leave requests which qualify as FMLA leave shall be designated as such and shall be subject to all provisions of this rule; and (iii) notifying an employee orally or in writing of the designation within two business days, or as soon as a determination can be made that the leave request qualifies as FMLA leave if the agency does not initially have sufficient information to make a determination. (A) An oral notice must be confirmed in writing no later than the following payday. (B) If the payday is less than one week after the oral notice, then written notice must be issued by the subsequent payday. (b) Written notification to an employee shall include the following information: (i) that the leave will be counted against the employee's annual FMLA entitlement; (ii) any requirements for the employee to furnish medical certification of a serious health condition and the consequences of failing to do so; (iii) a statement explaining which types of leave the employee will be required to exhaust before going into a LWOP status; (iv) the requirement for the employee to make premium payments to maintain health benefits, the arrangements for making such payments, and the possible consequences of failure to make such payments on a timely basis; (v) the

96 employee's potential liability for payment of health insurance premiums paid by the employer during the employee's unpaid FMLA leave if the employee fails to return to work after taking FMLA leave; (vi) any requirement for the employee to present a fitness for duty certificate to be restored to employment; and (vii) the employee's rights to restoration to the same or an equivalent job upon return from leave. (c) Agencies may designate FMLA leave after the fact only: (i) if the reason for leave was previously unknown, provided the reason for leave is made known within two business days after the employee's return to work; or (ii) the agency has preliminarily designated the leave as FMLA leave and is awaiting medical certification. (d) Agencies shall allow the employee at least 15 calendar days to provide medical certification if FMLA leave is not foreseeable. (e) Agencies shall inform Group Insurance that an employee is approved for FMLA leave. (5) An employee may use accrued annual leave, sick leave, converted sick leave, excess hours and compensatory time prior to the use of leave without pay for the family and medical leave period. An employee shall be required to use accrued sick leave only in situations considered eligible under R (3). An employee who takes family and medical leave in a leave without pay status must comply with R (a) An employee may choose to use compensatory time for an FMLA reason. Any period of leave paid from the employee's accrued compensatory time account may not be counted against the employee's FMLA leave entitlement. (6) An employee shall be eligible to return to work under R (a) If an employee has gone into leave wihout pay status and fails to return to work after unpaid FMLA leave has ended, an agency may recover, with certain exceptions, the health insurance premiums paid by the agency on the employee's behalf. An employee is considered to have returned to work if the employee returns for at least 30 calendar days. (b) Exceptions to this provision include: (i) an FLSA exempt and schedule AB, AD and AR employee who has been denied restoration upon expiration of their leave time; (ii) an employee whose circumstances change unexpectedly beyond the employee's control during the leave period preventing the return to work at the end of 12 weeks. (7) Leave taken for purposes of childbirth, adoption, placement for adoption or foster care shall not be taken intermittently or on a reduced leave schedule unless the employee and employer mutually agree. (8) Leave required for certified medical reasons may be taken intermittently. (9) Leave taken for a serious health condition covered under workers' compensation may be counted towards an employee's FMLA entitlement. Use of accrued paid leave shall not be required for FMLA leave at the same time the employee is collecting a workers' compensation benefit. (10) Medical records created for purposes of FMLA and the Americans with Disabilities Act must be maintained in accordance with confidentiality requirements of R (6). Vermont [Note: Utah provisions regarding FMLA leave apply only to state employees.] 472 (a) During any 12-month period, an employee shall be entitled to take unpaid leave for a period not to exceed 12 weeks: (1) for parental leave, during the employee's pregnancy and following the birth of an employee's child or within a year following the initial placement of a child 16 years of age or younger with the employee for the purpose of adoption. (2) for family leave, for the serious illness of the employee or the employee's child, stepchild or ward of the employee who lives with the employee, foster child, parent, spouse or parent of the employee's spouse. (b) During the leave, at the employee's option, the employee may use accrued sick leave or vacation leave or any other accrued paid leave, not to exceed six weeks. Utilization of accrued paid leave shall not extend the leave provided herein. (c) The employer shall continue employment benefits for the duration of the leave at the level and under the conditions coverage would be provided if the employee continued in employment continuously for the duration of the leave. The employer may require that the employee contribute to the cost of the benefits during the leave at the existing rate of employee contribution. (d) The employer shall post and maintain in a conspicuous place in and about each of his or her places of business printed notices of the provisions of this subchapter on forms provided by the commissioner of labor and industry. (e) An employee shall give reasonable written notice of intent to take leave under this subchapter. Notice shall include the date the leave is expected to commence and the estimated duration of the leave. In the case of the adoption or birth of a child, an employer shall not require that notice be given more than six weeks prior to the anticipated commencement of the leave. In

97 the case of serious illness of the employee or a member of the employee's family, an employer may require certification from a physician to verify the condition and the amount and necessity for the leave requested. An employee may return from leave earlier than estimated upon approval of the employer. An employee shall provide reasonable notice to the employer of his or her need to extend leave to the extent provided by this chapter. (f) Upon return from leave taken under this subchapter, an employee shall be offered the same or comparable job at the same level of compensation, employment benefits, seniority or any other term or condition of the employment existing on the day leave began. This subchapter shall not apply if, prior to requesting leave, the employee had been given notice or had given notice that the employment would terminate. This subsection shall not apply if the employer can demonstrate by clear and convincing evidence that: (1) during the period of leave the employee's job would have been terminated or the employee laid off for reasons unrelated to the leave or the condition for which the leave was granted; or (2) the employee performed unique services and hiring a permanent replacement during the leave, after giving reasonable notice to the employee of intent to do so, was the only alternative available to the employer to prevent substantial and grievous economic injury to the employer's operation. (g) An employer may adopt a leave policy more generous than the leave policy provided by this subchapter. Nothing in this subchapter shall be construed to diminish an employer's obligation to comply with any collective bargaining agreement or any employment benefit program or plan which provides greater leave rights than the rights provided by this subchapter. A collective bargaining agreement or employment benefit program or plan may not diminish rights provided by this subchapter. Notwithstanding the provisions of this subchapter, an employee may, at the time a need for parental or family leave arises, waive some or all the rights under this subchapter provided the waiver is informed and voluntary and any changes in conditions of employment related to any waiver shall be mutually agreed upon between employer and employee. (h) Except for serious illness of the employee, an employee who does not return to employment with the employer who provided the leave shall return to the employer the value of any compensation paid to or on behalf of the employee during the leave, except payments for accrued sick leave or vacation leave. Virginia 472a (a) In addition to the leave provided in section 472 of this title, an employee shall be entitled to take unpaid leave not to exceed four hours in any 30-day period and not to exceed 24 hours in any 12-month period. An employer may require that leave be taken in a minimum of two-hour segments and may be taken for any of the following purposes: (1) To participate in preschool or school activities directly related to the academic educational advancement of the employee's child, stepchild, foster child or ward who lives with the employee, such as a parentteacher conference. (2) To attend or to accompany the employee's child, stepchild, foster child or ward who lives with the employee or the employee's parent, spouse or parent-in-law to routine medical or dental appointments. (3) To accompany the employee's parent, spouse or parent-inlaw to other appointments for professional services related to their care and well-being. (4) To respond to a medical emergency involving the employee's child, stepchild, foster child or ward who lives with the employee or the employee's parent, spouse or parent-in-law. (b) An employee shall make a reasonable attempt to schedule appointments for which leave may be taken under this section outside of regular work hours. In order to take leave under this section, an employee shall provide the employer with the earliest possible notice, but in no case later than seven days, before leave is to be taken except in the case of an emergency. In this subsection "emergency" means circumstances where the required seven day notice could have a significant adverse impact on the family member of the employee. (c) At the employee's discretion, the employee may use accrued paid leave, including vacation and personal leave State employees are eligible to take paid family and personal leave to account for absences due to a short-term incident, illness or death of a family member, or other personal need. A. On the effective date of coverage for existing employees, and thereafter on each January 10, existing participating employees shall receive an amount of family and personal leave based on the number of months of state service as an eligible employee, as follows: Months of state service Number of hours

98 Less than or more 40 B. Any partial calendar month during which a participating employee was employed shall constitute one month of state service for purposes of this section. C. Participating employees, except for those described in subsection A, shall receive an initial amount of family and personal leave at the time their employment or reemployment commences, as follows: Date employment commenced Number of hours January 10 through July 9 32 July 10 through January 9 16 Thereafter, on each January 10 such employees shall receive an amount of family and personal leave as provided in subsection A. D. Participating employees shall not be paid or otherwise compensated upon leaving employment for any balance of unused family and personal leave provided to them under this section.e. Unused balances of family and personal leave granted under this section shall not be carried forward beyond the calendar year in which such leave is granted. F. Employees receiving disability benefits on January 10 of any year shall be granted family and personal leave for such year on the date they return to active employment. The amount of family and personal leave granted for such year shall be determined as if they were continuing employment on the date of their return to work as provided in subsections A, B and C A. Participating employees shall be eligible to take family and personal leave to account for absences due to a short-term incident, illness or death of a family member, or other personal need. Participating employees shall be compensated by their employers at 100 percent of creditable compensation for each hour of family and personal leave taken, not to exceed the employee's family and personal leave balance. B. Family and personal leave may be taken for any permitted purpose at the sole discretion of the participating employee, provided that the employee gives reasonable prior notice to his immediate supervisor and the immediate supervisor does not inform the employee that his taking the leave will materially impede the ability of the employing agency to perform a critical function due to an emergency or exigent circumstances. Washington [Note: Virginia provisions regarding leave apply only to state employees.] Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Child" means a biological or adopted child, or a stepchild, living with the employee. (2) "Department" means the department of labor and industries. (3) "Employee" means a person other than an independent contractor employed by an employer on a continuous basis for the previous fifty-two weeks for at least thirty-five hours per week. (4) "Employer" means: (a) Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and includes any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision, which (i) employed a daily average of one hundred or more employees during the last calendar quarter at the place where the employee requesting leave reports for work, or (ii) employed a daily average of one hundred or more employees during the last calendar quarter within a twenty mile radius of the place where the employee requesting leave reports for work, where the employer maintains a central hiring location and customarily transfers employees among workplaces; and (b) the state, state institutions, and state agencies. (5) "Family leave" means

99 leave from employment to care for a newborn or newly adopted child under the age of six or a child under eighteen years old with a terminal health condition, as provided in RCW (6) "Health care provider" means a person licensed as a physician under chapter RCW or an osteopathic physician and surgeon under chapter RCW. (7) "Parent" means a biological or adoptive parent, or a stepparent. (8) "Reduced leave schedule" means leave scheduled for fewer than an employee's usual number of hours or days per workweek. (9) "Terminal health condition" means a condition caused by injury, disease, or illness, that, within reasonable medical judgment, is incurable and will produce death within the period of leave to which the employee is entitled (1) An employee is entitled to twelve workweeks of family leave during any twentyfour month period to: (a) Care for a newborn child or adopted child of the employee who is under the age of six at the time of placement for adoption, or, (b) care for a child under eighteen years old of the employee who has a terminal health condition. Leave under subsection (1)(a) of this section shall be completed within twelve months after the birth or placement for adoption, as applicable. An employee is entitled to leave under subsection (1)(b) of this section only once for any given child. (2) Family leave may be taken on a reduced leave schedule subject to the approval of the employer. (3) The leave required by this section may be unpaid. If an employer provides paid family leave for fewer than twelve workweeks, the additional workweeks of leave added to attain the twelve-workweek total may be unpaid. An employer may require an employee to first use up the employee's total accumulation of leave to which the employee is otherwise entitled before going on family leave; however, except as provided in subsection (4) of this section, nothing in this section requires more than twelve total workweeks of leave during any twenty-four month period. An employer is not required to allow an employee to use the employee's other leave in place of the leave provided under this chapter. (4) The leave required by this section is in addition to any leave for sickness or temporary disability because of pregnancy or childbirth. (5) An employer may limit or deny family leave to either: (a) Up to ten percent of the employer's workforce in the state designated as key personnel by the employer. Any designation made under this section shall take effect thirty days after it is issued and may be changed no more than once in any twelve-month period. An employer shall not designate key personnel on the basis of age or gender or for the purpose of evading the requirements of this chapter. No employee may be designated as key personnel after giving notice of intent to take leave pursuant to RCW The designation shall be in writing and shall be displayed in a conspicuous place; or (b) if the employer does not designate key personnel, the highest paid ten percent of the employer's employees in the state (1) An employee planning to take family leave under RCW (1)(a) shall provide the employer with written notice at least thirty days in advance of the anticipated date of delivery or placement for adoption, stating the dates during which the employee intends to take family leave. The employee shall adhere to the dates stated in the notice unless: (a) The birth is premature; (b) The mother is incapacitated due to birth such that she is unable to care for the child; (c) The employee takes physical custody of the newly adopted child at an unanticipated time and is unable to give notice thirty days in advance; or (d) The employer and employee agree to alter the dates of family leave stated in the notice. (2) In cases of premature birth, incapacity, or unanticipated placement for adoption referred to in subsection (1) of this section, the employee must give notice of revised dates of family leave as soon as possible but at least within one working day of the birth or placement for adoption or incapacitation of the mother. (3) If family leave under RCW (1)(b) is foreseeable, the employee shall provide the employer with written notice at least fourteen days in advance of the expected leave and shall make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer. If family leave under RCW (1)(b) is not foreseeable fourteen or more days before the leave is to take place, the employee shall notify the employer of the expected leave as soon as possible, but at least within one working day of the beginning of the leave. (4) If the employee fails to give the notice required by this section, the employer may reduce or increase

100 the family leave required by this chapter by three weeks (1) In the event of any dispute under this chapter regarding premature birth, incapacitation of the mother, maternity disability, or terminal condition of a child, an employer may require confirmation by a health care provider of: (a) The date of the birth; (b) the date on which incapacity because of childbirth or disability because of pregnancy or childbirth commenced or will probably commence, and its probable duration; or (c) for family leave under RCW (1)(b), the fact that the child has a terminal health condition. (2) An employer may require, at the employer's expense, that the employee obtain the opinion of a second health care provider selected by the employer concerning any information required under subsection (1) of this section. If the health care providers disagree on any factor which is determinative of the employee's eligibility for family leave, the two health care providers shall select a third health care provider, whose opinion, obtained at the employer's expense, shall be conclusive If both parents of a child are employed by the same employer, they shall together be entitled to a total of twelve workweeks of family leave during any twenty-four month period, and leave need be granted to only one parent at a time (1) Subject to subsection (2) of this section, an employee who exercises any right provided under RCW shall be entitled, upon return from leave or during any reduced leave schedule: (a) To the same position held by the employee when the leave commenced; or (b) To a position with equivalent benefits and pay at a workplace within twenty miles of the employee's workplace when leave commenced; or (c) If the employer's circumstances have so changed that the employee cannot be reinstated to the same position, or a position of equivalent pay and benefits, the employee shall be reinstated in any other position which is vacant and for which the employee is qualified. (2) The entitlement under subsection (1) of this section is subject to bona fide changes in compensation or work duties, and does not apply if: (a) The employee's position is eliminated by a bona fide restructuring, or reduction-in-force; (b) The employee's workplace is permanently or temporarily shut down for at least thirty days;(c) The employee's workplace is moved to a location at least sixty miles from the location of the workplace when leave commenced; (d) An employee on family leave takes another job; or (e) The employee fails to provide timely notice of family leave as required under RCW , or fails to return on the established ending date of leave (1) The taking of leave under this chapter shall not result in the loss of any benefit, including seniority or pension rights, accrued before the date on which the leave commenced. (2) Nothing in this chapter shall be construed to require the employer to grant benefits, including seniority or pension rights, during any period of leave. (3) All policies applied during the period of leave to the classification of employees to which the employee on leave belongs shall apply to the employee on leave. (4) During any period of leave taken under RCW , if the employee is not eligible for any employer contribution to medical or dental benefits under an applicable collective bargaining agreement or employer policy during any period of leave, an employer shall allow the employee to continue, at his or her own expense, medical or dental insurance coverage, including any spouse and dependent coverage, in accordance with state or federal law. The premium to be paid by the employee shall not exceed one hundred two percent of the applicable premium for the leave period (1) Leave under this chapter and leave under the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L , 107 Stat. 6) is in addition to any leave for sickness or temporary disability because of pregnancy or childbirth. (2) Leave taken under this chapter must be taken concurrently with any leave taken under the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L , 107 Stat. 6) ((Beginning October 1, 2015)) When the legislature has specifically appropriated

101 funding and enacted an implementation date for benefits, then beginning on that specified date, family leave insurance benefits are payable to an individual during a period in which the individual is unable to perform his or her regular or customary work because he or she is on family leave if the individual:(1) Files a claim for benefits in each week in which the individual is on family leave, and as required by rules adopted by the director; (2) Has been employed for at least six hundred eighty hours in employment during the individual's qualifying year; (3) Establishes an application year. An application year may not be established if the qualifying year includes hours worked before establishment of a previous application year; (4) Consents to the disclosure of information or records deemed private and confidential under chapter RCW. Initial disclosure of this information and these records by the employment security department to the department is solely for purposes related to the administration of this chapter. Further disclosure of this information or these records is subject to RCW (3);(5) Discloses whether or not he or she owes child support obligations as defined in RCW ; and (6) Documents that he or she has provided the employer from whom family leave is to be taken with written notice of the individual's intention to take family leave in the same manner as an employee is required to provide notice in RCW Beginning ((September 1, 2016)) one year after the implementation date specified by the legislature pursuant to RCW , and annually thereafter, the department shall report to the legislature(by September 1st of each year)) on projected and actual program participation, premium rates, fund balances, and outreach efforts (1) The Family and Medical Leave Act of 1993 (29 USC 2601 et seq) and its implementing rules, 29 CFR Part 825, provide that an eligible employee must be granted, during a twelve-month period, a total of twelve work weeks of absence: (a) As a result of the employee's serious health condition; (b) To care for an employee's parent, spouse, or minor/dependent child who has a serious health condition; and/or (c) For the birth of and to provide care to an employee's newborn, adopted or foster child as provided in WAC (2) An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of twenty-six work weeks of leave during a twelve-month period to care for the service member who is suffering from a serious illness or injury arising from injuries incurred in the line of duty. The leave described in this paragraph shall only be available during a single twelve-month period. (a) For purposes of this section, "next of kin" with respect to an individual means the nearest blood relative of that individual. (b) For purposes of this section, "covered service member" is a member of the armed forces, including the National Guard or reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on a temporary disability retired list for a serious illness or injury. (c) For purposes of this section, "serious illness or injury" means an injury or illness incurred by the covered service member in the line of duty while on active duty in the armed forces that may render the service member medically unfit to perform the duties of the service member's office, grade, rank, or rating. (3) During the twelve-month period described in subsection (2) above, an eligible employee shall be entitled to a combined total of twenty-six work weeks of leave under subsections (1) and (2) above. Nothing in this section shall be construed to limit the availability of leave under subsection (1) during any other twelve-month period. (4) For general government employers, the twelve-month period in subsections (1) and (2) above is measured forward from the date the requesting employee begins leave under the Family and Medical Leave Act of The employee's next twelve-month period would begin the first time leave under the Family and Medical Leave Act is taken after completion of the previous twelve-month period. Higher education employers must define within their family and medical leave policy how the twelve months are measured. West Virginia 21-5D-2 As used in this article: (a) "Commissioner" means the commissioner of the department of labor. (b) "Dependent" means any person who is living with or dependent upon the income of any employee whether related by blood or not. (c) Employee. -- (1) "Employee" means any individual, hired for permanent employment, who has worked for at least twelve consecutive weeks performing services for remuneration within this state for any department, division,

102 board, bureau, agency, commission or other unit of state government, or any county board of education in the state. (2) "Employee" does not include: (A) Individuals employed by persons who are not "employers" as defined by this article; (B) Elected public officials or the members of their immediate personal staffs; (C) Principal administrative officers of any department, division, board, bureau, agency, commission or other unit of state government, or any county board of education in the state; or (D) A person in a vocational rehabilitation facility certified under federal law who has been designated an evaluee, trainee or work activity client. (d) Employer. -- "Employer" includes any department, division, board, bureau, agency, commission or other unit of state government and any county board of education in the state. (e) "Employment benefits" means all benefits, other than salary or wages, provided or made available to employees by an employer, and includes group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits and pensions, regardless of whether such benefits are provided by a policy or practice of an employer or by an employee benefit plan as defined in the federal Employee Retirement Income Security Act of (f) The term "health care" or "health care services" means clinically related preventive, diagnostic, treatment or rehabilitative services whether provided in the home, office, hospital, clinic or any other suitable place, provided or prescribed by any health care provider or providers. Such services include, among others, drugs and medical supplies, appliances, laboratory, preventive, diagnostic, therapeutic and rehabilitative services, hospital care, nursing home and convalescent care, medical physicians, osteopathic physicians, chiropractic physicians, and such other surgical, dental, nursing, pharmaceutical, and podiatric services and supplies as may be prescribed by such health care providers. (g) "Health care provider" means a person, partnership, corporation, facility or institution licensed, certified or authorized by law to provide professional health care services in this state to an individual during this individual's medical care, treatment or confinement. (h) "Parent" means a biological, foster or adoptive parent, a stepparent or a legal guardian. (i) "Serious health condition" means a physical or mental illness, injury or impairment which involves: (1) Inpatient care in a hospital, hospice or residential health care facility; or (2) Continuing treatment, health care or continuing supervision by a health care provider. (j) "Son" or "daughter" means an individual who is a biological, adopted or foster child, a stepchild or a legal ward, and is (1) under eighteen years of age; or (2) eighteen years of age or older and incapable of self-care because of mental or physical disability. (k) "Spouse" means any person legally married to an "employee" covered under this article. 21-5D-4 (a) An employee shall be entitled to a total of twelve weeks of unpaid family leave, following the exhaustion of all his or her annual and personal leave, during any twelve-month period: (1) Because of the birth of a son or daughter of the employee; (2) Because of the placement of a son or daughter with the employee for adoption; or (3) In order to care for the employee's son, daughter, spouse, parent or dependent who has a serious health condition. (b) In the case of a son, daughter, spouse, parent or dependent who has a serious health condition, such family leave may be taken intermittently when medically necessary. (c) An employee may take family leave on a part-time basis and on a part-time leave schedule, but the period during which the number of work weeks of leave may be taken may not exceed twelve consecutive months, and such leave shall be scheduled so as not to disrupt unduly the operations of the employer. (d) (1) If a leave because of birth or adoption is foreseeable, the employee shall provide the employer with two weeks written notice of such expected birth or adoption. (2) If a leave under this section is foreseeable because of planned medical treatment or supervision, the employee: (A) Shall make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee's son, daughter, parent or dependent; and (B) Shall provide the employer with two weeks written notice of the treatment or supervision. (e) This article shall not be construed as granting an employee the family leave rights provided in this section if he or she is entitled to such family leave rights under any other provision of this code. 21-5D-5 (a) If an employee requests family leave to care for a family member with a serious health condition as authorized in this article, the employer may require the employee to provide

103 certification by a health care provider of the health condition. (b) The certification shall be sufficient if it contains the following: (1) That the child, dependent, parent or employee has a serious health condition; (2) The date the serious health condition commenced and its probable duration; and (3) The medical facts regarding the serious health condition. 21-5D-6 (a) The position held by the employee immediately before the leave is commenced shall be held upon a period not to exceed the twelve-week period of the parental leave and the employee shall be returned to that position: Provided, That the employer may employ a temporary employee or temporary employees to fill said position for the period of the parental leave. (b) No employer may, because an employee received family leave or medical leave, reduce or deny any employment benefit or seniority which accrued to the employee before his or her leave commenced. Wisconsin 21-5D-7 (a) Nothing in this section entitles any returning employee to the accrual of any seniority or employment benefits during any period of family leave. (b) During any family leave by an employee, the employer shall continue group health insurance coverage for such employee: Provided, That the employee shall pay the employer the premium costs of such group health insurance coverage (1) (b) Employee Except as provided in sub. (1m) means an individual employed in this state by an employer, except the employer s parent, spouse, domestic partner, or child. (c) Except as provided in sub. (14) (1m) (b) employer means a person engaging in any activity, enterprise or business in this state employing at least 50 individuals on a permanent basis. Employer includes the state and any office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts (1m) STATEWIDE CONCERN; UNIFORMITY. (a) The legislature finds that the provision of family and medical leave that is uniform throughout the state is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county that requires employers to provide employees with leave from employment, paid or unpaid, for any of the reasons specified in par. (c) would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing family and medical leave that is uniform throughout the state. (b) In this subsection: Domestic abuse has the meaning given in s (1) (a). Employee has the meaning given in s (2) (a). Employer has the meaning given in s (3) (a). Family member means a spouse or domestic partner of an employee; a parent, child, sibling, including a foster sibling, brother in law, sister in law, grandparent, stepgrandparent, or grandchild of an employee or of an employee s spouse or domestic partner; or any other person who is related by blood, marriage, or adoption to an employee or to an employee s spouse or domestic partner and whose close association with the employee, spouse, or domestic partner makes the person the equivalent of a family member of the employee, spouse, or domestic partner. 5. Health condition means a physical or mental illness, injury, impairment, or condition. 6. Sexual abuse means conduct that is in violation of s , , , , , , , , , , or or that is in violation of s (2) if s (2) (a) 1. b. applies. 7. Stalking means to engage in a course of conduct, as defined in s (1) (a), that meets the criteria of s (2) (a). (c) Subject to par. (d), a city, village, town, or county may not enact and administer an ordinance requiring an employer to provide an employee with leave from employment, paid or unpaid, for any of the following reasons: 1. Because the employee has a health condition, is in need of medical diagnosis, care, or treatment of a health condition, or is in need of preventive medical care. 2. To care for a family member who has a health condition, who is in need of medical diagnosis, care, or treatment of a health condition, or who is in need of preventive medical care. 3. Because the employee s absence from work is necessary in order for the employee to do any of the following: a. Seek medical attention

104 or obtain psychological or other counseling for the employee or a family member to recover from any health condition caused by domestic abuse, sexual abuse, or stalking. b. Obtain services for the employee or a family member from an organization that provides services to victims of domestic abuse, sexual abuse, or stalking. c. Relocate the residence of the employee or of a family member due to domestic abuse, sexual abuse, or stalking. d. Initiate, prepare for, or testify, assist, or otherwise participate in any civil or criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking. 4. To deal with any other family, medical, or health issues of the employee or of a family member. (d) This subsection does not affect an ordinance affecting leave from employment of an employee of a city, village, town, or county. (e) Any city, village, town, or county ordinance requiring an employer to provide an employee with leave from employment, paid or unpaid, for any of the reasons specified in par. (c) that is in effect on the effective date of this paragraph is void In this section: (a) "Child" means a natural, adopted, foster or treatment foster child, a stepchild or a legal ward to whom any of the following applies: 1. The individual is less than 18 years of age. 2. The individual is 18 years of age or older and cannot care for himself or herself because of a serious health condition. (am) "Christian Science practitioner" means a Christian Science practitioner residing in this state who is listed as a practitioner in the Christian Science journal. (b) "Employee" means an individual employed in this state by an employer, except the employer's parent, spouse or child. (c) Except as provided in sub. (14) (b), "employer" means a person engaging in any activity, enterprise or business in this state employing at least 50 individuals on a permanent basis. "Employer" includes the state and any office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. (d) "Employment benefit" means an insurance, leave or retirement benefit which an employer makes available to an employee. (e) "Health care provider" means a person described under s (1), but does not include a person described under s (1) (hp). (f) "Parent" means a natural parent, foster parent, treatment foster parent, adoptive parent, stepparent or legal guardian of an employee or an employee's spouse. (g) "Serious health condition" means a disabling physical or mental illness, injury, impairment or condition involving any of the following: 1. Inpatient care in a hospital, as defined in s (2), nursing home, as defined in s (3), or hospice.2. Outpatient care that requires continuing treatment or supervision by a health care provider. (h) "Spouse" means an employee's legal husband or wife. (2) (a) Nothing in this section prohibits an employer from providing employees with rights to family leave or medical leave which are more generous to the employee than the rights provided under this section. (b) This section does not limit or diminish an employee's rights or benefits under ch (c) This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 hours during the preceding 52-week period. (3) (a) 1. In a 12-month period no employee may take more than 6 weeks of family leave under par. (b) 1. and In a 12-month period no employee may take more than 2 weeks of family leave for the reasons specified under par. (b) In a 12- month period no employee may take more than 8 weeks of family leave for any combination of reasons specified under par. (b). (b) An employee may take family leave for any of the following reasons: 1. The birth of the employee's natural child, if the leave begins within 16 weeks of the child's birth. 2. The placement of a child with the employee for adoption or as a precondition to adoption under s (2), but not both, if the leave begins within 16 weeks of the child's placement. 3. To care for the employee's child, spouse or parent, if the child, spouse or parent has a serious health condition. (c) Except as provided in par. (d), an employee shall schedule family leave after reasonably considering the needs of his or her employer. (d) An employee may take family leave as partial absence from employment. An employee who does so shall schedule all partial absence so it does not unduly disrupt the employer's operations. (4) (a) Subject to pars. (b) and (c), an employee who has a serious health condition which makes the employee unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those duties. (b) No employee may take more than 2 weeks of medical leave during a 12-month period. (c) An employee may schedule medical leave

105 as medically necessary. (5) (a) This section does not entitle an employee to receive wages or salary while taking family leave or medical leave. (b) An employee may substitute, for portions of family leave or medical leave, paid or unpaid leave of any other type provided by the employer. (6) (a) If an employee intends to take family leave for the reasons in sub. (3) (b) 1. or 2., the employee shall, in a reasonable and practicable manner, give the employer advance notice of the expected birth or placement. (b) If an employee intends to take family leave because of the planned medical treatment or supervision of a child, spouse or parent or intends to take medical leave because of the planned medical treatment or supervision of the employee, the employee shall do all of the following: 1. Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the child, spouse, parent or employee. 2. Give the employer advance notice of the medical treatment or supervision in a reasonable and practicable manner. (7) (a) If an employee requests family leave for a reason described in sub. (3) (b) 3. or requests medical leave, the employer may require the employee to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, parent or employee, whichever is appropriate. (b) No employer may require certification stating more than the following: 1. That the child, spouse, parent or employee has a serious health condition. 2. The date the serious health condition commenced and its probable duration. 3. Within the knowledge of the health care provider or Christian Science practitioner, the medical facts regarding the serious health condition. 4. If the employee requests medical leave, an explanation of the extent to which the employee is unable to perform his or her employment duties. (c) The employer may require the employee to obtain the opinion of a 2nd health care provider, chosen and paid for by the employer, concerning any information certified under par. (b). (8) (a) Subject to par. (c), when an employee returns from family leave or medical leave, his or her employer shall immediately place the employee in an employment position as follows: 1. If the employment position which the employee held immediately before the family leave or medical leave began is vacant when the employee returns, in that position. 2. If the employment position which the employee held immediately before the family leave or medical leave began is not vacant when the employee returns, in an equivalent employment position having equivalent compensation, benefits, working shift, hours of employment and other terms and conditions of employment. (b) No employer may, because an employee received family leave or medical leave, reduce or deny an employment benefit which accrued to the employee before his or her leave began or, consistent with sub. (9), accrued after his or her leave began. (c) Notwithstanding par. (a), if an employee on a medical or family leave wishes to return to work before the end of the leave as scheduled, the employer shall place the employee in an employment position of the type described in par. (a) 1. or 2. within a reasonable time not exceeding the duration of the leave as scheduled. (9) (a) Except as provided in par. (b), nothing in this section entitles a returning employee to a right, employment benefit or employment position to which the employee would not have been entitled had he or she not taken family leave or medical leave or to the accrual of any seniority or employment benefit during a period of family leave or medical leave. (b) Subject to par. (c), during a period an employee takes family leave or medical leave, his or her employer shall maintain group health insurance coverage under the conditions that applied immediately before the family leave or medical leave began. If the employee continues making any contribution required for participation in the group health insurance plan, the employer shall continue making group health insurance premium contributions as if the employee had not taken the family leave or medical leave. (c) 1. An employer may require an employee to have in escrow with the employer an amount equal to the entire premium or similar expense for 8 weeks of the employee's group health insurance coverage, if coverage is required under par. (b). 2. An employee may pay the amount required under subd. 1. in equal installments at regular intervals over at least a 12-month period. An employer shall deposit the payments at a financial institution in an interest-bearing account. 3. Subject to subd. 4., an employer shall return to the employee any payments made under subd. 1., plus interest, when the employee ends his or her employment with the employer. 4. If an employee ends his or her employment with an employer during or within 30 days after a period of family leave or medical leave, the employer may deduct from the amount returned to the

106 employee under subd. 3. any premium or similar expense paid by the employer for the employee's group health insurance coverage while the employee was on family leave or medical leave. (d) If an employee ends his or her employment with an employer during or at the end of a period of family leave or medical leave, the time period for conversion to individual coverage under s (6) shall be calculated as beginning on the day that the employee began the period of family leave or medical leave. (10) Nothing in this section prohibits an employer and an employee with a serious health condition from mutually agreeing to alternative employment for the employee while the serious health condition lasts. No period of alternative employment, with the same employer, reduces the employee's right to family leave or medical leave. (11) (a) No person may interfere with, restrain or deny the exercise of any right provided under this section. (b) No person may discharge or in any other manner discriminate against any individual for opposing a practice prohibited under this section. (c) Section (2m) applies to discharge or other discriminatory acts. [Editor s Note: