Family/Parental/Adoption Leave Laws

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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)

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