{"id":4732,"date":"2016-04-04T10:47:41","date_gmt":"2016-04-04T15:47:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/leave-laws.html"},"modified":"2024-06-06T05:15:44","modified_gmt":"2024-06-06T10:15:44","slug":"leave-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/leave-laws.html","title":{"rendered":"Leave Laws"},"content":{"rendered":"\n
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Leave Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Small-business owners must install effective employee leave programs depending on the size of their business. Not all federal laws apply to smaller companies. State laws can be more restrictive, so small businesses must know which leave laws they must follow. Some employers offer paid sick leave and vacation time as employee benefits. In some states, paid sick time is mandatory.<\/p>\r\n

Federal employment laws require some kinds of unpaid leave. FindLaw’s Small Business and Human Resources<\/a> section contains articles about employee leave and federal law. This article is only an overview of some of those laws.<\/p>\r\n

Employee Leave Policies<\/h2>\r\n

A few employee leave policies are mandatory. Businesses over a certain size must follow the Family and Medical Leave Act. Some policies are optional. Most employers are not required to offer paid sick leave. There may be rules about optional policies.<\/p>\r\n

The Fair Labor Standards Act<\/a> (FLSA) sets baseline standards for minimum wages, overtime pay, and break periods. Other states like California have used the FLSA to create their own wage and time off laws<\/a>.<\/p>\r\n

Most federal laws apply to businesses with 50 or more employees. Some state laws apply to businesses with as few as five. Small-business owners should check their state labor laws as well as federal laws to see if they are covered employers under state law.<\/p>\r\n

Family and Medical Leave Act (FMLA)<\/h2>\r\n

The Family and Medical Leave Act<\/a> covers employers with 50 or more employees. This law requires employers to provide all eligible workers up to 12 weeks of unpaid job-protected leave in any 12-month period. Workers may use that time to:<\/p>\r\n