Leaves of Absence
Federal Family and Medical Leave Act (FMLA)
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
Eligible employees are entitled to:
Twelve workweeks of leave in a 12-month period for:
The birth of a child and to care for the newborn child within one year of birth
The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement
To care for the employee’s spouse, child or parent who has a serious health condition
A serious health condition that makes the employee unable to perform the essential functions of his or her job
Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on “covered active duty”
Twenty-six work weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent or next of kin (military caregiver leave)
Important Notes:
FMLA will run simultaneously with STD, State Specific Paid Family/Medical Leave (PFL/PFML) or Worker’s Compensation.
Samuel’s policy requires you to use all of your available paid leave (e.g., sick days, vacation, PTO) during your FMLA leave. Any paid leave taken for this reason will also be designated as FMLA leave and counted against the amount of FMLA leave you have available to use in the applicable 12-month period.
State-Specific Paid Family/Medical Leave (PFL/PFML)
Some states that Samuel operates in provide Paid Family & Medical Leave policies. The most important difference is that the FMLA provides federally mandated, job-protected unpaid leave, while the PFL programs are state-mandated and offer paid leave that may or may not be job-protected.
While the PFL programs may have similar leave triggers as FMLA (such as bonding with a new child or caring for a seriously ill family member), they commonly stipulate different, often shorter, eligibility periods for benefits than FMLA. There also may be differences between which employers are required to offer benefits. For instance, FMLA exempts private employers with fewer than 50 employees, but PFL programs may not.
Quick Reference Resources
- For more information on the Paid Family Medical Leave, please click here.
- For more information on the Paid Family Medical Leave State Specific, please click here.
- For more information on the California PFL (File claim with CA EDD), please click here.
- For more information on the Colorado Family and Medical Leave Insurance Program (File claim with Lincoln), please click here.
- For more information on the New York Paid Family Leave Website (File claim with Lincoln), please click here.
- For more information on the Oregon Paid Leave (File claim with Lincoln), please click here.