J OB -P ROTECTED L EAVE IN THE U NITED S TATES AND A BROAD Rona Kaufman Kitchen

F AMILY M EDICAL L EAVE A CT (FMLA) Introduction Employers Employees Qualifying Events Notice & Certification Amendments

E MPLOYERS 50 Employees Public Employees

E MPLOYEES Employer Hours Months Consecutive Employee Status Joint Employers

Q UALIFYING E VENTS Bonding Leave Birth Adoption Foster Placement Serious Health Condition Self Spouse Child Parent

S ERIOUS H EALTH C ONDITION 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

N OTICE AND C ERTIFICATION 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

L EAVE E NTITLEMENT 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

L IMITED P ROTECTION 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

E STIMATED P ERCENT OF W ORKFORCE C OVERED BY AND E LIGIBLE FOR FMLA IN 2000 S OURCE : U.S. D EPT. OF L ABOR

R EPORTS ON I NTERNATIONAL L EAVE L AWS Center for Economic and Policy Research Institute for Health and Social Policy at McGill University

P ARENTAL L EAVE P OLICIES IN 21 C OUNTRIES 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

T OTAL AND F ULL -T IME E QUIVALENT P AID L EAVE S OURCE : C ENTER FOR E CONOMIC P OLICY R ESEARCH

W ORK F AMILY E QUITY I NDEX 173 C OUNTRY S TUDY 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

S TATE L EAVE L AWS California New Jersey

C ALIFORNIA P AID F AMILY L EAVE State Disability Insurance Paid Leave 6 Weeks Bonding Serious Health Substitution Relation to FMLA and CFRA

N EW JERSEY P AID F AMILY L EAVE A CT Employee Contribution Eligibility Paid Leave 6 Weeks Bonding Serious Health Condition

V ERMONT ’ S P ARENTAL L EAVE, F AMILY L EAVE, AND S HORT -T ERM F AMILY L EAVE L AWS Unpaid Leave Parental Leave Family Leave Short-Term Leave Exceptions

W ASHINGTON S TATE F AMILY L EAVE A CT Unpaid Leave Pregnancy Disability Leave