Must employees be permitted time off to care for a sick family member?
It depends. Both federal and state law requires that eligible employees be given time off for family and medical purposes. The scope of these laws may vary greatly with regard to which employers are covered; which employees are eligible; how much time is available; and the types of situations creating leave rights. It is imperative that employers check for any state or local laws in addition to being familiar with the federal law. Be sure to check State Laws for the laws that apply in your state(s).
Which law applies? The federal law, the Family and Medical Leave Act of 1993, does not supersede state and local laws that provide greater family leave-type rights, nor does it affect an employer's obligation to provide greater leave rights under a collective bargaining agreement or employee benefit plan. For example, state law may grant leave rights to employees who are not covered by federal law.
If the coverage requirements of both federal and state law are met, an employer must analyze the provisions of each law and determine one provision at a time, which law provides the more generous leave rights to employees. Of the two laws, the more generous provision --whether from federal or state law --will apply.
Special attention by employers is required to determine the amount of leave to which employees are entitled if both state and federal law apply. Even if a state does not have a leave law modeled after the FMLA, state pregnancy, maternity or adoption leave laws may provide for a longer period of leave than is required by federal law. If an employee's leave qualifies for protection under both a state law and the FMLA, the leave used counts against the employee's total leave entitlement under both laws.
State law may allow leave to be taken for reasons broader than those extended by FMLA; for example, to care for the serious illness of grandparents or unmarried partners. So, if an employee takes leave under state law to care of a domestic partner, not legally a spouse, the amount of leave that is taken cannot be charged against the amount of leave available under federal law.