Federal Family Medical Leave Act

By Jill Stimson, eHow Contributor

• The U.S. Department of Labor requires covered employers to comply with the federal government's sick leave policies. Employers with at least 50 full-time employees within 75 miles, employers who provide public health-care services, hospitals, state and local governments and schools must comply with the Family Medical Leave Act. Under the federal law, employers must provide their employees with job restitution and continued group health-care benefits for qualified medical emergencies or qualified service-member family emergencies. Employers must provide their employees with up to 12 weeks of excused absence annually for medical emergencies and up to 26 weeks of excused absence for military-related emergencies. Medical emergencies include those that are not commonplace, such as seasonal allergies or colds. Excused military leave allows family members to use time away from work to take care of their injured service-member dependents.

New York Family Leave Requirement

• Although each state is free to enact legislation that requires employers to provide paid leave to their employees, most states do not. New York's wage and hour regulations do not include mandatory paid leave. Employers in New York do not have to provide their employees with paid leave. However, according to the New York State Department of Labor, employers who voluntarily provide these benefits must allow their employees to use paid leave as part of their Family and Medical Leave allowance.

New York Labor Law

• Under New York Labor Law Section 195(5), employers must notify their employees of their fringe-benefit policies through written correspondence or written public posting. Their policies become contractually binding, and they must honor their agreements to provide their employees with paid leave. Employers must allow their employees to use any paid leave during their excused family and medical leave absences. Conversely, under the federal labor laws, employers also have the right to require their employees to use paid leave before taking unpaid leave.

State Temporary Disability

• New York provides its residents with a unique set of discrimination insurance protections. Under the state's disability insurance laws, employers are required to purchase short-term disability insurance coverage for their employees. Although the federal Family Medical Leave Act provides employees with job security and continuing health benefits, it does not provide them with paid leave. However, under the state law, New York employers must allow their employees who suffer off-the-job injuries to apply for insurance coverage. As such, employees may receive disability compensation and receive medical benefits under the federal leave laws. Normally, the short-term disability state law does not require employers to provide their employees with medical benefits.

Considerations

• Since employment laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.

Read more: Family Leave Act in New York | eHow.com