By Susan Schoenfeld, JD, Senior Legal Editor

For more information on these and other recent developments in state leave law, see the Family and Medical Leave Act (FMLA), sick leave, and maternity and pregnancy topic analyses for your state.

California

Use of paid sick leave for kin care

Effective January 1, 2016, employers must allow an employee to use his or her accrued and available paid sick leave entitlement for the diagnosis, care, or treatment of an existing health condition of or preventive care for an employee or an employee’s family member. Use of such leave in any calendar year is limited to an amount not less than the sick leave that would be accrued during 6 months at the employee’s then current rate of entitlement.

The employer may limit the use of the remaining days of sick leave for the employee’s own illness. Any conditions or restrictions on the use of sick leave will also apply to the use of sick leave for kin care. The kin care law does not extend the maximum period of leave to which an employee is entitled under the FMLA or California Family Rights Act (CA Lab. Code Sec. 233).

Changes in leave for child-related activities

Effective January 1, 2016, an employer that employs 25 or more employees working at the same location may not discharge or discriminate against an employee who is a parent of a child of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed childcare provider for taking off up to 40 hours each year for the purpose of the following child-related activities:

• To find, enroll, or reenroll his or her child in a school or with a licensed childcare provider or to participate in activities of the school or licensed childcare provider of his or her child if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. Time off for this reason is limited to 8 hours in any calendar month of the year.
• To address a childcare provider or school emergency, if the employee gives notice to the employer (CA Lab. Code Sec. 230.8).

Illinois

School visitation leave

Illinois grants a limited amount of leave for certain activities relating to school activities through the School Visitation Rights Act. An employer must grant an eligible employee unpaid leave of up to a total of 8 hours during any school year, no more than 4 hours of which may be taken on any given day, to attend school conferences or classroom activities related to the employee’s child if the conference or classroom activities cannot be scheduled during nonwork hours.

No leave may be taken unless the employee has exhausted all accrued vacation leave, personal leave, compensatory leave, and any other leave that may be granted to the employee except sick leave and disability leave. For regularly scheduled, nonemergency visitations, schools must make time available for visitation during both regular school hours and evening hours.

The employee must provide a written request for leave at least 7 days in advance of the time the employee is required to utilize the visitation right. In emergency situations, no more than 24 hours’ notice may be required. The employee must consult with the employer to schedule the leave so as not to unduly disrupt the operations of the employer (820 ILCS 147/15).

An employee is eligible for school visitation leave if he or she works for at least 6 consecutive months immediately preceding a request for leave and works for an average number of hours per week equal to at least one-half the full-time equivalent position in the employer’s job classification, as defined by the employer’s personnel policies or practices or in accordance with a collective bargaining agreement, during those 6 months. Independent contractors are not eligible for school visitation leave. All public and private employers are covered, regardless of size (820 ILCS 147/10).

Nebraska

Reasonable accommodation for pregnancy

Recent amendments to the Nebraska Fair Employment Practices Act (NEFEPA) may make leave available to eligible employees with known physical limitations associated with pregnancy, childbirth, or related medical conditions.

The NEFEPA requires that covered employers provide eligible employees and applicants for employment with reasonable accommodation, which may include leave, for “known physical limitations” associated with pregnancy, childbirth, or related medical conditions. Accommodation is required unless the accommodation would require significant difficulty or expense, posing an undue hardship on the employer.