JOB-PROTECTED LEAVE IN THE UNITED STATES AND ABROADRona Kaufman Kitchen

FAMILY MEDICAL LEAVE ACT (FMLA)

Introduction Employers Employees Qualifying Events Notice & Certification Amendments

EMPLOYERS

50 Employees Public Employees

EMPLOYEES

Employer Hours Months

Consecutive Employee Status Joint Employers

QUALIFYING EVENTS

Bonding Leave Birth Adoption Foster Placement

Serious Health Condition Self Spouse Child Parent

SERIOUS HEALTH CONDITION

Illness, Injury, Impairment, or Physical or Mental Condition Inpatient Care at a Hospital, Hospice or

Residential Medical care Facility Continuing Treatment by a Medical Care Provider Substance Abuse

Employee unable to perform the functions of his or her position

Covered Conditions Pregnancy Epilepsy Cancer

NOTICE AND CERTIFICATION

Notice Employer Must

Provide Notice Employee Must Give

Employer Notice No Need to Invoke

FMLA by Name

Certification Employer may

request Certification Second and Third

Certification Failure to Provide

Certification

LEAVE ENTITLEMENT 12 weeks Unpaid Group Health Plan Coverage

Employee share of payment Employee Election Not to Retain Coverage Coverage Termination and Reinstatement

Restore Employee Same or Equivalent Pay Benefits Status Responsibility Authority

LIMITED PROTECTION

Lay Off Reorganization Unable to Perform Key Employees Multiple Employers Part-Time Employees Recent Hires Small Employers Relationships Childcare

2008 & 2010 NATIONAL DEFENSE AUTHORIZATION ACT AMENDMENTS TO THE FMLA

26 Weeks Leave Care for Servicemember with a Serious Injury or

Illness 12 Weeks Leave

Qualifying Exigency arising out of an employee’s parent, child, or spouse’s active duty or call to active duty

26 Week Maximum Leave

ESTIMATED PERCENT OF WORKFORCE COVERED BY AND ELIGIBLE FOR FMLA IN 2000SOURCE: U.S. DEPT. OF LABOR

REPORTS ON INTERNATIONAL LEAVE LAWSCenter for Economic and Policy Research

Institute for Health and Social Policy at McGill University

PARENTAL LEAVE POLICIES IN 21 COUNTRIES

Best Practices Generous Paid Leave Non-Transferable Quotas for Each Partner Universal Coverage & Modest Eligibility

Restrictions Financing Structures that Pool Risk Scheduling Flexibility

The United States

TOTAL AND FULL-TIME EQUIVALENT PAID LEAVESOURCE: CENTER FOR ECONOMIC POLICY RESEARCH

0

50

100

150

200

250

300

350

Unpaid Leave

FTE Leave

WORK FAMILY EQUITY INDEX173 COUNTRY STUDY

Paid Maternity Leave (169) Paid Paternity Leave (66) Paid Sick Days (145)

Paid Parental Leave in the U.S.

Necessary Important Beneficiaries U.S. Disadvantages

STATE LEAVE LAWSCaliforniaNew Jersey

CALIFORNIA PAID FAMILY LEAVE

State Disability Insurance Paid Leave 6 Weeks Bonding Serious Health Substitution Relation to FMLA and CFRA

NEW JERSEY PAID FAMILY LEAVE ACT

Employee Contribution Eligibility Paid Leave 6 Weeks Bonding Serious Health Condition

VERMONT’S PARENTAL LEAVE, FAMILY LEAVE, AND SHORT-TERM FAMILY LEAVE LAWS

Unpaid Leave Parental Leave Family Leave Short-Term Leave Exceptions

WASHINGTON STATE FAMILY LEAVE ACT

Unpaid Leave Pregnancy Disability Leave