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Flexible Leave Act Clarification Legislation
The Maryland General Assembly has passed legislation intended to clarify some elements of the Flexible Leave Act (FLA). The FLA, which took effect last year, allows employees to use leave with pay for illness of the employees' immediate family members. The new legislation, which was effective on May 19, 2009, provides definitions of certain key terms and clarifies the scope of the FLA.
The legislation makes clear that "immediate family" consists of an employee's child, spouse, or parent. It provides definitions of "parent" and "child" that are similar to those in the federal Family and Medical Leave Act. A "child" is defined as "an adopted, biological, or foster child, a stepchild, or a legal ward who is" under age 18 or at least age 18 and "incapable of self-care due to a mental or physical disability." The legislation defines "parent" as "an adoptive, biological, or foster parent, a stepparent, a legal guardian, or a person standing in loco parentis."
The legislation also clarifies the fact that it applies to "paid time away from work that is earned and available to an employee" and that is either based on hours worked or granted annually for performance or service in a fixed number or hours or days. In addition to the existing types of leave listed (sick leave, vacation time, and compensatory time), the legislation adds paid time off and excludes leave provided under benefit plans subject to ERISA, insurance benefits, workers' compensation, unemployment compensation, and disability or similar benefits.
Finally, the legislation adds a statement of purpose that the FLA is intended to allow an employee "to use leave with pay to care for an immediate family member who is ill under the same conditions and policy rules that would apply if the employee took leave for the employee's own illness."
For additional information, read our June 2008 Legislative Update: Flexible Leave Act. For guidance or assistance in reviewing and revising your policies, please contact one of the following Gallagher Employment attorneys:
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