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Federal

View our “Leave Highlights” below to see recent and upcoming legislative changes to this state’s family and medical leave program(s) or scroll down further to get a Deep Dive.

Last Updated: 05/08/2023

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Deep Dive – State Leave and Pay Programs

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Federal at a Glance

The U.S has a federal job protected leave law called the Family and Medical Leave Act (FMLA) which provides unpaid time off for medical leave, family care leave, military caregiver (family member injured in the line of duty) leave, military exigency (e.g., assisting with family needs related to a family member’s overseas deployment), and parental leave. There are no leave income replacement laws currently at the federal level. Income replacement benefits may be provided in some cases at the state level (please select the individual state here).

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Note: If an employee requires a leave for their own medical condition, and they are not eligible for FMLA and/or have exhausted their entitlements under federal/state law, the employer may have an obligation to determine if the employee is covered under The Americans with Disabilities Act Amendments Act (ADAAA), and whether the employee’s leave request can be granted as a reasonable accommodation under the Act.

Another law provided at the federal level in the U.S is the Uniformed Services Employment and Reemployment Rights Act (USERRA). This law provides unpaid job protected leave for employees to serve in the US uniformed services. This generally includes for both active duty and military training. USERRA differs from FMLA, in that FMLA only provides certain family military leaves to care for or support an employee’s military family member and does not provide leave for the employee’s own military service. The types of military services included under USERRA are:

  • Army, Navy, Marine Corps, Air Force and Coast Guard
  • Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve and Coast
  • Guard Reserve
  • Army National Guard and Air National Guard
  • Commissioned Corps of the Public Health Service
  • Federal Emergency Management Agency (FEMA) Reservists
  • Any other category of persons designated by the President in time of war or emergency

FMLA does not run concurrently with USERRA as they are separate laws for different qualifying leave reasons. FMLA and USERRA will, however, generally run concurrently with applicable state laws where an employee qualifies for both state and federal law.

As part of our leave of absence service, The Larkin Company will track leaves of absence under USERRA and FMLA and provide employees with their rights and obligations under those laws.

Leave Types, Benefit Amounts and Durations

This section provides a summary of the leave law durations, benefits, and other information, such as employee and employer eligibility criteria, whether the leave is job-protected, and whether group health insurance must be continued.
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Coverage Options and Funding (State Income Replacement Benefits)

N/A – there are no federal leave income replacement benefits. Income replacement benefits are provided at the state level. If you wish to understand the coverage and funding options for an individual state, please select the state here.

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Employer Notice Requirements

Some leave laws require that you notify your employees about their rights under the law, such as, by providing a prescribed notice to new hires, displaying a poster in the workplace, and/or including information about that leave law in your company handbook. Below you will find a summary of the requirements for each law.

Where the law requires that a leave poster/notice must be provided to the employee when they request leave, The Larkin Company will provide the applicable document within our introductory leave packets (see “Larkin Enclosures”).

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Employer Statements Process (State Income Replacement Benefits)

The “Employer Statements” section is not applicable for this federal page. Employers may be required to complete employer forms (as part of an employees claim for benefits) for certain state income replacement programs, so they must be prepared to look up employee information and respond within the given timelines. However, there is no federal income replacement program. If you wish to understand the employer statement process for an individual state, please select the state here.

Federal Resource Links

State Website(s)

Family and Medical Leave Act – FMLA (Leave Law) 
Uniformed Services Employment and Reemployment Rights Act – USERRA (Military Leave Law)

State Law and Regulation(s)

FMLA Regulations
USERRA Regulations

Disclaimer

The Larkin Company has taken reasonable steps to ensure the accuracy of the information on this page, however we make no representation or warranty of any kind as to its accuracy or completeness. These resources should not be construed or substituted for legal advice. Accordingly, before taking any actions based upon such information provided herein, we encourage you to seek competent legal advice from a licensed attorney or appropriate professionals.