Skip to main content

Posts

Federal vs. New York family and medical leave laws – Part 3

The federal Family and Medical Leave Act provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. In addition to the federal FMLA, New York has laws regarding pregnancy leave, adoptive parents leave, blood donation leave, bone marrow donation leave, military spouse leave and paid family leave (effective Jan. 1, 2018). The comparison chart below continues our review of federal vs. New York family and medical leave laws regarding an intermittent leave, reinstatement rights and the maintenance of health benefits during leave. Family and Medical Leave in New York FEDERAL ELEMENTS STATE ELEMENTS Intermittent Leave Permitted for serious health condition, for care of covered service member when medically necessary and for active duty leave. Not permitted for care of newborn or new placement by adoption or foster care, unless employer agrees. Pregnancy leave : Employers must treat disability arising ...

Federal vs. New York family and medical leave laws – Part 3

The federal Family and Medical Leave Act provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. In addition to the federal FMLA, New York has laws regarding pregnancy leave, adoptive parents leave, blood donation leave, bone marrow donation leave, military spouse leave and paid family leave (effective Jan. 1, 2018). The comparison chart below continues our review of federal vs. New York family and medical leave laws regarding an intermittent leave, reinstatement rights and the maintenance of health benefits during leave. Family and Medical Leave in New York FEDERAL ELEMENTS STATE ELEMENTS Intermittent Leave Permitted for serious health condition, for care of covered service member when medically necessary and for active duty leave. Not permitted for care of newborn or new placement by adoption or foster care, unless employer agrees. Pregnancy leave : Employers must treat disability arising ...

Federal vs. New York family and medical leave laws – Part 2

The federal Family and Medical Leave Act provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. In addition to the federal FMLA, New York has laws regarding pregnancy leave, adoptive parents leave, blood donation leave, bone marrow donation leave, military spouse leave and paid family leave (effective Jan. 1, 2018). The comparison chart below continues our review of federal vs. New York family and medical leave laws regarding the type of leave and criteria for a serious health condition/serious injury or illness. Family and Medical Leave in New York FEDERAL ELEMENTS STATE ELEMENTS Type of Leave Unpaid leave for: ·          birth of employee’s newborn child; ·          placement of child with employee for adoption or foster care; ·          providing care for employee's parent,...

Federal vs. New York family and medical leave laws – Part 2

The federal Family and Medical Leave Act provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. In addition to the federal FMLA, New York has laws regarding pregnancy leave, adoptive parents leave, blood donation leave, bone marrow donation leave, military spouse leave and paid family leave (effective Jan. 1, 2018). The comparison chart below continues our review of federal vs. New York family and medical leave laws regarding the type of leave and criteria for a serious health condition/serious injury or illness. Family and Medical Leave in New York FEDERAL ELEMENTS STATE ELEMENTS Type of Leave Unpaid leave for: ·          birth of employee’s newborn child; ·          placement of child with employee for adoption or foster care; ·          providing care for employee's parent,...

Federal vs. New York family and medical leave laws – Part 1

The federal Family and Medical Leave Act provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. For example, under the FMLA, eligible employees may take leave for their own serious health conditions, for the serious health conditions of family members, to bond with newborns or newly adopted children or for certain military family reasons. In addition to providing eligible employees with an entitlement to leave, the FMLA requires that employers maintain employees’ health benefits during leave and restore employees to their same or equivalent job positions after leave ends. The FMLA also sets requirements for notices, by both the employee and the employer, and provides employers with the right to require certification of the need for FMLA leave in certain circumstances. In addition to the federal FMLA, New York has laws regarding pregnancy leave, adoptive parents leave, blood donation leave, bone marrow donation leave, ...