States Without General Laws for Family and Medical Leave

The majority of states do not currently have their own general family and medical leave laws. In states without these laws, or that only have laws that apply to specific, narrow segments of the workforce, the federal Family and Medical Leave Act (FMLA) applies to all other qualifying employers and employees.

The FMLA, which applies to private employers with more than 49 employees, allows workers to take up to 12 weeks of unpaid leave over the course of 12 months for the following reasons:

• To care for a newborn, adopted, or foster child
• To care for a family member
• To address the worker's own serious medical health condition

For more helpful information on how the FMLA works, consider reviewing the resources that are linked below.

General Information About the FMLA

For general information about the FMLA, consider reviewing the following:

• Family and Medical Leave: Overview
• Rights and Responsibilities Under the Family and Medical Leave Act
• FMLA Leave Law: In-Depth
• Family and Medical Leave Act FAQ

Other Resources

To review the notice requirements and certification forms associated with the FMLA, as well as information about returning to work, consider visiting the following links as well:

• Notice Requirements for Employers
• Notice Requirements for Employees
• Medical Certification under the FMLA
• Return to Work Under the FMLA: Fitness for Duty Certification

Family and Medical Leave at the State Level

While all states are covered by the FMLA, employees should keep in mind that some states have their own family and medical leave laws. These laws often cover more employers, employees, and circumstances than the FMLA does.

In certain circumstances some of these states also provide for paid leave, as opposed to the unpaid leave required under the FMLA. Employees can use the state map page for more information on family and medical leave laws in their state.

Employees should also remember that they have no obligation to specify the law under which they are requesting leave. Employers must apply the law that is most beneficial to the employee under the circumstances.

Still Concerned? Speak with an Attorney Today!

It can be stressful to request leave from work to tend to a family or medical matter. If your employer raises an issue with your request for leave, it might be wise to consult with an attorney. They can assist you in determining exactly how to handle your situation. Consider speaking with a qualified employment attorney near you.