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Tables - State Law

Federal vs. Washington Family and Medical Leave Laws



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Federal vs. Wisconsin Family and Medical Leave Laws



Federal vs. Washington Family and Medical Leave Laws



  FEDERAL ELEMENTS STATE ELEMENTS
Employer Covered Private Employers of 50 or more Employees in at least 20 weeks of the current or preceding year Public agencies, including state, local, and Federal Employers Local education agencies covered under special provisions Private Employers and units of local government who have employed a daily average of 100 or more Employees during the last calendar quarter within a 20 mile radius of the place where the Employee requesting leave reports for work, or the Employer employed a daily average of 100 Employees during the last calendar quarter within 20 miles of where the requesting Employee reports for work, where the Employer maintains a central hiring location and customarily transfers the workers among workplaces All State agencies No special provision for education agencies
Employees Eligible Worked for Employer for at least 12 months - which need not be consecutive; worked at least 1,250 hours for Employer during 12 months preceding leave; and employed at Employer worksite with 50 or more Employees or within 75 miles of Employer worksites with a total of 50 or more Employees Employed by the Employer on a continuous basis for the previous 52 weeks for at least 35 hours per week See above for worksite proviso
Leave Amount Up to a total of 12 weeks during a 12-month period; however, leave for birth, adoption, foster care, or to care for a parent with a serious health condition must be shared by spouses working for same Employer 12 weeks within 24 months, but note that FMLA leave shall be in addition to any leave because of childbirth or illness during pregnancy Spouses required to share leave
Type of Leave Unpaid leave for birth, placement of child for adoption or foster care, to provide care for Employee's own parent (including individuals who exercise parental responsibility under state law), child, or spouse with serious health condition, or Employee's own serious health condition Birth, adoption of a child under age 6, or to provide care for a child under 18 with a terminal health condition
Serious Health Condition Illness, injury, impairment, or physical or mental condition involving incapacity or treatment connected with inpatient care in hospital, hospice, or residential medical-care facility; or, continuing treatment by a health care provider involving a period of incapacity: (1) requiring absence of more than 3 consecutive calendar days from work, school, or other activities; (2) due to a chronic or long-term condition for which treatment may be ineffective; (3) absences to receive multiple treatments (including recovery periods) for a condition that if left untreated likely would result in incapacity of more than 3 days; or (4) due to any incapacity related to pregnancy or for prenatal care Care of a child with a terminal health condition
Health Care Provider Doctors of medicine or osteopathy authorized to practice medicine or surgery; podiatrists, dentists, clinical psychologists, clinical social workers, optometrists, chiropractors (limited to manual manipulation of spine to correct subluxation shown to exist by x-ray), nurse practitioners, and nurse-midwives, if authorized to practice under State law and consistent with the scope of their authorization; Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, MA; any provider so recognized by the Employer or its group health plan's benefits manager; and any health provider listed above who practices and is authorized to practice in a country other than the United States Licensed physician, osteopathic physician, or surgeon  
Intermittent Leave Permitted for serious health condition when medically necessary. Not permitted for care of newborn or new placement by adoption or foster care unless Employer agrees Reduced leave schedule is allowed

Substitution of Paid Leave Employees may elect or Employers may require accrued paid leave to be substituted in some cases. No limits on substituting paid vacation or personal leave. An Employee may not substitute paid sick, medical, of family leave for any situation not covered by any Employers' leave plan Employer may permit substitution of accrued paid leave
Reinstatement Rights Must be restored to same position or one equivalent to it in all benefits and other terms and conditions of employment Right to be returned to an equivalent position in a workplace within 20 miles of the Employee's previous workplace
Key Employee Exception Limited exception for salaried Employees if among highest paid 10%, within 75 miles of worksites, restoration would lead to grievous economic harm to Employer, and other conditions met Allows Employer to exempt highest paid 10% of Employees or up to 10% of workforce designated as key personnel
Maintenance of Health Benefits During Leave Health insurance must be continued under same conditions as prior to leave If Employer contributions to medical or dental benefits are not Required by Employer policy or collective bargaining agreement, Employee may continue coverage at own expense. Employee's expense cannot exceed 102% of the applicable premium
Leave Requests To be made by Employee at least 30 days prior to date leave is to begin where need is known in advance or, where not foreseeable, as soon as practicable. If due to a planned medical treatment or for intermittent leave, the Employee, subject to health care provider's approval, shall make a reasonable effort to schedule it in a way that does not unduly disrupt Employer's operation 30 days in advance for birth or adoption unless birth is premature, placement is unanticipated or mother is incapacitated to a point where she cannot care for the child. With these conditions, notice should be as soon as possible but at least within 1 working day of the event. 14 days is required for foreseeable family leave or within 1 working day where it is not foreseeable
Medical Certification May Be Required by Employer for: Request for leave because of serious health condition To demonstrate Employee's fitness to return to work from medical leave where Employer has a uniformly applied practice or policy to require such certification Employer may request certification because of child's birth or terminal illness No provision relating to certification of fitness to return to work
Executive, Administrative, and Professional Employees Such individuals are entitled to FMLA benefits. However, their use of FMLA leave does not change their status under the Fair Labor Standards Act (FLSA), i.e., an Employer, does not lose its exemption from the FLSA's minimum wage and overtime requirements. No similar provision