United States Survey

Use of Paid Time Off for Care of an Adult Family Member


Compiled by Letty Van Ert, William Mitchell College of Law

March 2008


Alaska

Alaska Stat. § 39.20.305 (2008) - Family and Health Leave: allows a state employee to take family leave for 18 workweeks out of a 24 month period to care for the employee’s parent who has a serious health condition. The employee must exhaust their accumulated paid leave before using unpaid leave.


Alaska Stat. § 39.20.550 (2008) – Definitions: "parent" means a biological or adoptive parent, a parent-in-law, or a stepparent; "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves

(A) inpatient care in a hospital, hospice, or residential health care facility; or

(B) continuing treatment or continuing supervision by a health care provider;


Alaska Stat. § 39.20.225 (2008) – Use of Personal Leave: a public officer or employee may take personal leave to care for a medical disability of a family member if the disability is one that requires the attendance of the officer or employee.

Arizona

Ariz. Admin. Code § R2-5-412 (2008) – Department of Administration Personnel – Benefits – Leave for a Serious Health Condition: if an employee’s leave qualifies under FMLA, to care for a family member with a serious health condition, the employee is to use paid sick leave first, then annual paid leave, and then unpaid leave.

 

Ariz. Admin. Code § R2-5-403 (2008) - Department of Administration Personnel – Benefits – Annual Leave: An employee can donate their annual (paid) leave to another employee if the employee has exhausted all of their available leave in order for the employee to care for an immediate family member who has a seriously incapacitating and extended illness or injury.

 

Ariz. Admin. Code § R2-5-101 (2007) - Department of Administration Personnel – Benefits – Definitions: “parent” for the purposes of § R2-5-403 means birth parent, adoptive parent, foster parent, or parent-in-law.

California

Cal. Educ. Code § 44043.5 (West 2008) - Elementary and Secondary Education Employees - Catastrophic Leave: The governing board of a school district or county office of education may establish a catastrophic leave program to permit employees of that district or county office to donate eligible leave credits (meaning vacation leave and sick leave) to an employee when that employee or a member of his or her family suffers from a catastrophic illness or injury. “Catastrophic illness” or “injury” means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee's family which incapacity requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave and other paid time off.

Cal. Educ. Code § 87045 (West 2008) - Community College Employees: same language as in § 44043.5.

 

Cal. Code Regs. tit. 2, § 599.911 (West 2008) - Family Crisis Leave: the state recognizes that occasionally employees need to take time off to care for family members. The employee is allowed to use all paid leave. After the employee’s paid leave is used, the employee can use unpaid leave. Among others, the employee’s family includes parents and grandparents, or any person residing in the household.

Connecticut

Conn. Gen. Stat. Ann. § 5-248a (West 2008) – State Employees – Family and Medical Leave from Employment: Employee is allowed to take family leave to care for a parent who has a serious illness. The leave is unpaid. "Serious illness" means an illness, injury, impairment or physical or mental condition that involves (1) inpatient care in a hospital, hospice or residential care facility, or (2) continuing treatment or continuing supervision by a health care provider.

Conn. Gen. Stat. Ann. § 31-51LL (West 2008) – Labor - Family and Medical Leave: An employee is allowed to take 16 weeks of leave out of a 24 month period in order to care for the parent of the employee if the parent has a serious health condition. The leave may consist of unpaid leave. The employee is not required to provide paid leave.

Delaware

Del. Code Ann. tit. 29, § 5956 (2008) - Donated Leave Program: an officer or employee of the state can donate their annual and sick leave to a Leave Bank for use by another officer or employee only for purposes of a catastrophic illness of the employee or a family member of the employee term. "Catastrophic illness" means an illness or injury which renders a member of the employee’s family unable to work, or in the case of a family member who does not work, the medical equivalent of "unable to work," for a period greater than 5 calendar weeks. Family member includes the employee’s parent who either resides with the employee or who requires the personal attendance of the employee during the family member’s illness.

Florida

Fla. Stat. Ann. § 110.221 (West 2008) – State Employees – Career Service Employee – Parental or Family Medical Leave: an employee shall not be denied paid leave for a period not to exceed 6 months for family medical leave. Family includes the parents of the employee. Family medical leave is required by an employee who has a serious illness including an accident, disease, or condition that poses imminent danger of death, requires hospitalization involving an organ transplant, limb amputation, or other procedure of similar severity, or any mental or physical condition that requires constant in-home care.

 

Fla. Stat. Ann. § 1012.61 (West 2008) – Public School Personnel: a full-time employee is entitled to paid sick leave to care for a father, mother, other close relative or member of the household. The length of the leave is dependent upon the length of time the employee has worked for the public school system.

Georgia

Ga. Code. Ann. § 20-2-850 (West 2007) – Elementary and Secondary School Teachers and Personnel: each person employed as personnel is entitled to sick leave with full pay to accrued at the rate of ¼ day for each month worked; the maximum accumulation is 45 days. The employee can use the sick leave to care for an ill member of the immediate family.

 

Ga. Code. Ann. § 20-2-1110 (West 2007) – School Bus Drivers: same language as § 20-2-850.

Hawaii

Haw. Rev. Stat. § 78-26 (2007) – Government – Leave Sharing Program: the legislature is allowed to create a leave sharing program for its employees. The employee will be allowed to donate vacation leave credits to another employee for purposes of taking care of a family member who has a serious personal illness or injury.

 

Haw. Rev. Stat. § 398-3 (2007) – Government – Labor and Industrial Relations – Family Leave Requirement: an employee is allowed to take up to 4 weeks of compensated leave per year to care for a parent with a serious health condition.

 

Haw. Rev. Stat. § 398-1 (2007) – Definitions: “Parent” is defined as a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law. "Serious health condition" means a physical or mental condition that warrants the participation of the employee to provide care during the period of treatment or supervision by a health care provider, and: (1) Involves inpatient care in a hospital, hospice, or residential health care facility; or (2) Requires continuing treatment or continuing supervision by a health care provider.

Idaho

Idaho Code Ann. § 67-5334 (2008) – State Government Personnel – Vacation Time: An employee can done up to 40 hours per year to another officer or employee for purposes of sick leave in the event the receiving officer or employee or a family member suffers from a serious illness or injury.

Illinois

20 Ill. Comp. Stat. Ann. § 415/8c (West 2007) – Executive Branch – Personnel Code: For the establishment of a family leave program which allows employees to take unpaid leave for up to one year to care for a family member.

 

105 Ill. Comp. Stat. Ann. § 5/24-6 (West 2007) – School Code – Teachers: Teachers are allowed to take not less than 10 days of sick leave with full pay per year to care for an immediate family member or member of the household who is seriously ill. “Immediate family” includes parents, parents-in-law, and grandparents.

 

320 Ill. Comp. Stat. Ann. § 65/5 (West 2007) - Family Caregiver Act: the legislature recognizes the contributions family caregivers make to care for their elderly loved ones, including rearranging work schedules and taking unpaid leave.

 

320 Ill. Comp. Stat. Ann. § 65/10 (West 2007) – Legislative Intent – Family Caregiver Act: the legislative intent is to provide a support system for family caregivers. (Does not include specific language regarding paying the caregivers.)

Kansas

Kan. Stat. Ann. § 75-5549 (2007) - State Employees – Donation of Leave: allows employees to donate sick leave to other employees who have family members suffering from extraordinary or severe illness, injury, impairment, physical or mental condition which has caused, or is likely to cause, the employee to take leave without pay or terminate employment. As used in this section "extraordinary or severe" means serious, extreme or life threatening.

Kentucky

Ky. Rev. Stat. Ann.§ 161.155 (West 2007) – Public School Employees: teachers and full-time employees are allowed no less than 10 days of sick leave at full pay per school year to care for an immediate family member who is ill. Immediate family member includes parents, parents-in-law, grandparents, and grandparents-in-law regardless of where the immediate family member resides, and any other blood relative who resides in the employee’s home.

Louisiana

La. Rev. Stat. Ann. § 17:47A1 (2007) – Sick Leave for Teachers at Special Schools: a teacher is allowed no less than 10 days of sick leave at full pay per school year to care for personal illness or other emergencies.

 

La. Rev. Stat. Ann. § 17:47D1(a) (2007) - Teachers at Special Schools - Extended Sick Leave: the school board can allow an extended sick leave of up to 90 days every 6 years for a teacher who needs to care for an immediate family member who is ill. Immediate family member includes the parent of the teacher. “Parent” means the biological parent of the teacher, or the person who stood in loco parentis to the teacher. A teacher on extended sick leave is to be paid 65% of their regular pay.

 

La. Rev. Stat. Ann. § 17.500.2 (2007) – School Bus Operators – Extended Sick Leave: school bus operators are allowed no less than 90 days of extended sick leave every 6 years which may be used for illness of a family member. Immediate family member includes the parent of the school bus driver. “Parent” means the biological parent of the teacher, or the person who stood in loco parentis to the school bus driver. A school bus driver on extended sick leave is to be paid 65% of their regular pay.

 

La. Rev. Stat. Ann. § 17:1202 (2007) – Teachers – Extended Sick Leave: every school board can permit a teach to take up to 90 days of sick leave every 6 years to care for an immediate family member who is ill. Immediate family member includes the parent of the teacher. “Parent” means the biological parent of the teacher, or the person who stood in loco parentis to the teacher.

 

La. Rev. Stat. Ann. § 33:2214A1 (2007) – Police Department – Vacation Leave: each employee of the police department is allowed to take 15 days of vacation leave at full pay each year for whatever purpose.

 

La. Rev. Stat. Ann. § 33:2214B1 (2007) – Police Department – Length of Leave: an employee of the police department can take up to 52 weeks of leave per year will full pay when conditions warrant.

Maine

Me. Rev. Stat. Ann. tit. 26, § 843(4) (2007) - Labor and Industry – Employment Practices - Family Medical Leave: an employee can take family medical leave to care for a family member with a serious health condition. “Family member’ includes an employee’s parent.

 

Me. Rev. Stat. Ann. tit. 26, § 843(6) (2007) - Serious health condition:Serious health condition” means an illness, injury, impairment or physical or mental condition that involves. A. Inpatient care in a hospital, hospice or residential medical care facility; or B. Continuing treatment by a health care provider.

 

Me. Rev. Stat. Ann. tit. 26, § 844 (2007) – Labor and Industry – Employment Practices – Family Medical Leave Requirement: Each employee employed by the same employer for 12 consecutive months is entitled to up to 10 work weeks of family medical leave in any 2 years unless employed at a permanent work site with fewer than 15 employees. Family medical leave may consist of unpaid leave.

 

Me. Rev. Stat. Ann. tit. 26, § 636(2) (2007) – Labor and Industry – Family Sick Leave: If an employer, under the terms of a collective bargaining agreement or employment policy, provides paid leave, then the employer shall allow an employee to use the paid leave for the care of an immediate family member who is ill as provided in this section.

 

Me. Rev. Stat. Ann. tit. 26, § 636(3) (2007) – Labor and Industry – Family Sick Leave: An employer may adopt a policy limiting the number of hours of paid leave taken under this section, but in no case may the number of hours allowed be fewer than 40 hours for a 12-month period. An employee is not entitled under this section to use paid leave until that leave has been earned.

 

Me. Rev. Stat. Ann. tit. 26, § 636(1)B (2007) – Definition: Immediate family member includes the employee’s parent.

Maryland

Md. Code Ann., State Pers. & Pens. § 9-504 (West 2007) – State Personnel – Sick Leave: an employee can take no more than 5 days of paid sick leave to care for a family member who has an illness or disability unless the employee provides to the supervisor an original certificate of illness or disability.

Mississippi

Miss. Code Ann. § 25-3-93(1)(a) (West 2007) - Public Employees – Sick Leave: all state employees are allowed between 18-27 days of personal leave per year, depending on length of continuous employment.

 

Miss. Code Ann. § 25-3-93(4) (West 2007) – Use of Personal Leave: Personal leave can be used for purposes of caring for a member of the employee’s immediate family.

 

Miss. Code Ann. § 25-3-93(6) (West 2007) – Donation of Personal Leave: Employees may donate their personal leave to another employee who has a member of his or her immediate family who is suffering from a catastrophic illness or injury.

 

Miss. Code Ann. § 25-3-95(8)(n) (West 2007) – Definition: Immediate family includes the employee’s parent or step-parent.

 

Miss. Code Ann. § 25-3-91(b) (West 2007) – Definition: "Catastrophic injury or illness" means a life-threatening injury or illness of an employee or a member of an employee's immediate family which totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation from the state for the employee. Conditions that are short-term in nature, including, but not limited to, common illnesses such as influenza and the measles, and common injuries, are not catastrophic. Chronic illnesses or injuries, such as cancer or major surgery, which result in intermittent absences from work and which are long-term in nature and require long recuperation periods may be considered catastrophic.

 

Miss. Code Ann. § 37-7-307 (West 2007) – School Districts – Leave Policies: each licensed employee is allowed to take up to 7 days of paid sick leave per school year. Each licensed employee is also give 2 days of paid personal leave each year. Any school employee is allowed to donate his or her personal and/or sick leave to another employee whose immediate family member, including the employee’s parent and step-parent, is suffering from a catastrophic illness or injury. "Catastrophic injury or illness" means a life-threatening injury or illness of an employee or a member of an employee's immediate family that totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation from the local school district for the employee. Conditions that are short-term in nature, including, but not limited to, common illnesses such as influenza and the measles, and common injuries, are not catastrophic. Chronic illnesses or injuries, such as cancer or major surgery, that result in intermittent absences from work and that are long-term in nature and require long recuperation periods may be considered catastrophic. The maximum amount of unused accumulated personal leave that an employee may donate to any other employee may not exceed a number of days that would leave the donor employee with fewer than seven (7) days of personal leave remaining, and the maximum amount of unused accumulated sick leave that an employee may donate to any other employee may not exceed fifty percent (50%) of the unused accumulated sick leave of the donor employee.

Montana

Mont. Code Ann. § 2-18-618 (2007) – State Employees - Sick Leave: each state employee is allowed to accumulate up to 12 days of sick leave each year.

 

Mont. Code Ann. § 2-18-601(15) (2007) – Definitions: "Sick leave" means a leave of absence with pay includes a sickness suffered by an employee or a member of the employee's immediate family or the time that the employee is unable to work due to short-term attendance, in an agency's discretion, to care for a relative or household member not covered by subsection (15)(a) until other care can reasonably be obtained or for the necessary care for the employee’s parent with a serious health condition, as defined in the Family and Medical Leave Act of 1993.

Nevada

Nev. Rev. Stat. Ann. § 391.180(6) (West 2007) – Education Personnel: The salary of any employee unavoidably absent because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in 1 school year.

New Jersey

N.J. Stat. Ann. § 34:11B-2 (West 2007) – Legislative Findings – Family Medical Leave: the legislature recognizes the need for employees to care for ill family members, and the need to provide economic security to employees who are caring for such ill family members. The legislature recognizes the need for employees to be able to take a leave from work in order to care for ill family members without risk of termination from employment or loss of certain benefits.

 

N.J. Stat. Ann. § 34:11B-3 (West 2007) – Definitions – Family Medical Leave: "Family leave" means leave from employment so that the employee may provide care made necessary due to the serious health condition of a family member of the employee. “Family member” includes a “parent” which is further defined as a person who is the biological parent, adoptive parent, resource family parent, step-parent, or parent-in-law. "Serious health condition" means an illness, injury, impairment, or physical or mental condition which requires (1) inpatient care in a hospital, hospice, or residential medical care facility; or (2) continuing medical treatment or continuing supervision by a health care provider.

N.J. Stat. Ann. § 34:11B-4 (West 2007) – Family Leave Act: an employee is entitled to 12 weeks of family leave in every 24-month period. Family leave can be paid or unpaid or a combination of both.

New Mexico

N.M. Code R. § 1.7.7.10 (West 2007) – State Personnel – Absence and Leave – Sick Leave: employees earn 3.69 hours of paid sick leave per pay period. The hours cannot be utilized before they are accumulated. An employee may use sick leave for medical treatment or illness of a relation by blood or marriage within the third degree, or of a person residing in the employee's household.

 

N.M. Code R. § 1.7.7.12 (West 2007) – Family Medical Leave Act: in addition to other leave provided in this chapter, employees are entitled to leave under the Family Medical Leave Act of 1993, meaning 12 weeks of unpaid leave to care for a family member who has a serious health condition.

New York

N.Y. Civ. Serv. Law § 21.3(f) (McKinney 2007) - Employees in State Departments – Sick Leave: Employee can use sick leave for the illness of a family member as long as the sick leave does not exceed 15 days per year.

 

N.Y. Civ. Serv. Law § 21.3(a) (McKinney 2007) – Definition: Sick leave is absence with pay necessitated by illness of a family member.

 

N.Y. Civ. Serv. Law § 831 (McKinney 2008) Institutional Employees – Sick Leave: sick leave can be used for the illness of an immediate family member. Specific rules are to be adopted by the head of each department.

 

N.Y. R. Ct. § 24.4(a)(1) (McKinney 2008) – Rules of the Chief Judge – Sick Leave: “Sick leave” is absence with pay necessitated by the illness or disability of the employee, including illness or disability caused by pregnancy or childbirth.

N.Y. R. Ct. § 24.4(a)(2) (McKinney 2008) – Rules of the Chief Judge – Sick Leave – Length of Leave: An employee shall be allowed to charge a maximum of 15 days of sick leave in any one calendar year for absences from work to care for a close family member during a time of illness. A close family member includes the employee’s natural, foster or step-parent or any relative residing with the employee or an individual for whom the employee is the primary caregiver.

 

N.Y. R. Ct. § 24.4(k) (McKinney 2008) - Rules of the Chief Judge – Sick Leave – Leave Bank: Establishes a sick leave bank for employees to utilize if they run out of sick leave.

North Carolina

N.C. Gen. Stat. Ann. § 128-39 (West 2007) - Offices and Public Officers – Leaves of Absence for State Officials: Any elective or appointive State official may obtain leave of absence from the official's duties for protracted illness or other reason satisfactory to the Governor, for such period as the Governor may designate. (Emphasis added.) Such a leave is unpaid, unless the leave is for a protracted illness.

North Dakota

N.D. Cent. Code § 54-52.4-02 (2007) - State Employee Leave Policies: an employee shall grant family leave upon request by the employee for reasons that include the employee’s parent if the parent has a serious health condition. The length of leave cannot exceed 12 weeks in any 12-month period.

 

N.D. Cent. Code § 54-52.4-02(5) (2007) – Pay: Family leave is not required to be paid unless the employer and employee have agreed otherwise.

 

N.D. Cent. Code § 54-06-14.1(2) (2007) – State Leave Sharing Program: A state employee may donate annual leave to a fellow state employee who has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition that has caused or is likely to cause the employee to take leave without pay or terminate employment.

N.D. Cent. Code § 54-06-14.1(1)(b) (2007) – Relative Defined: “Relative” includes grandparent, step-parent, and parent of the employee.

 

N.D. Cent. Code § 54-06-14.1(1)(a) (2007) – Household Member Defined: “Household Member” includes those persons who reside in the same home, who have reciprocal duties to and do provide financial support for one another.

 

N.D. Cent. Code § 54-06-14.1(1)(c) (2007) – Severe and Extraordinary Defined: "Severe" or "extraordinary" means serious, extreme, or life threatening.

Ohio

Ohio Rev. Code Ann. § 124.38 (West 2008) - Department of Administrative Services Personnel – Sick Leave – Other than State Employees: employees are entitled for each completed eighty hours of service to sick leave of four and six-tenths hours with pay.


Ohio Rev. Code Ann. § 124.38(C) (West 2008) - Use of Sick Leave: Employees may use sick leave due to illness, injury, or death in the employee's immediate family.

 

Ohio Rev. Code Ann. § 124.391 (West 2008) - Donation of Sick Leave to Other Employees: employees may donate paid sick leave to other employees who has a critical need for it because of circumstances such as the serious illness of a member of the employee's immediate family. (“Serious illness” undefined.)

 

Ohio Rev. Code Ann. § 124.386 (West 2008) - State Government – Department of Administrative Services – Personnel – Personal Leave: each full-time employee shall accrue 32 hours of personal leave each year. Employees may use the personal leave for absence due to family emergencies, unusual family obligations, or any other matter of a personal nature.

 

Ohio Rev. Code Ann. § 3319.141 (West 2008) - Nonteaching employees – Sick Leave: each person employed by the board of education shall be entitled to 15 days of paid sick leave each school year. Sick leave can be used for illness or injury of the employee’s immediate family.

Oklahoma

Okla. Stat. Ann. tit. 70, § 6-104(A) (West 2007) - Teachers – Emergency/Sick Leave: the board of education shall provide sick leave to all teachers at full pay for an amount of time not to exceed 10 days each school year. Sick leave can be used by the teacher to care for an accidental injury or illness of immediate family. Each school board shall provide a minimum of 3 personal leave days to each teacher each school year and a minimum of 5 emergency leave. Each school district is to determine what emergency leave means. The pay for personal leave is to be no less than the pay of a substitute teacher.

 

Okla. Stat. Ann. tit. 70, § 6-104(D) (West 2007) – Other Personnel – Sick Leave: the school district shall provide other employees with at least 1 sick day per month.

 

Okla. Stat. Ann. tit. 74, § 840-2.22 (West 2007) - State Government – Personnel – Family Medical Leave: The Administrator of the Office of Personnel Management shall promulgate emergency and permanent leave rules as necessary to implement the federal Family and Medical Leave Act of 1993 and rules thereto. The employee can select any one or a combination of the following types of leave to account for authorized absences covered by the Family and Medical Leave Act of 1993: leave without pay; annual and sick leave accumulated by the employee; and annual and sick leave donated by other state employees; and compensatory time.

Oregon

Or. Rev. Stat. Ann. § 332.507 (West 2007) – School Employee Sick Leave – Definitions: “Sick leave” means absence from duty because of a school employee's illness or injury or as otherwise provided for by law or by provisions of a collective bargaining agreement. In case of conflict with a rule adopted to interpret a law, the collective bargaining agreement to which the parties agree shall govern. Each district shall allow each school employee at least 10 days sick leave at full pay for each school year or one day per month employed, whichever is greater.

Or. Rev. Stat. Ann. § 659A.174 (West 2007) – Labor and Employment – Family Leave – Paid Leave: Family leave is not required to be paid leave, unless otherwise stated in a collective bargaining agreement. An employee taking family leave is entitled to use any paid accrued sick leave or any paid accrued vacation leave during the period of family leave, or to use any other paid leave that is offered by the employer in lieu of vacation leave during the period of family leave.

Rhode Island

R.I. Gen. Laws § 28-48-2 (2007) – Parental Leave and Family Leave Requirement: employee of at least twelve consecutive months is allows thirteen weeks of leave during any two calendar years. The leave can consist of paid and unpaid leave.

 

R.I. Gen. Laws § 28-48-1 (2007) – Rhode Island Parental and Family Medical Leave Act - Definitions: “employee” means a person who works at least thirty hours per week. The employer must have fifty or more employees. “Family leave” means leave due to the serious illness of a family member. "Family member" means a parent, spouse, child, mother-in-law, father-in-law, or the employee himself or herself, and with respect to employees of the state as defined in subsection (3)(ii), shall include domestic partners as defined in § 36-12-1(3). "Serious illness" means a disabling physical or mental illness, injury, impairment, or condition that involves inpatient care in a hospital, a nursing home, or a hospice, or outpatient care requiring continuing treatment or supervision by a health care provider.

South Carolina

S.C. Code Ann. § 8-11-40 (2007) – Leave for Sick Family Member: each full time state employee in FTE positions can use no more than ten days at full pay per year to care for ill members of the employee’s immediate family. “Immediate family” means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, legal guardian, and grandchildren.

 

S.C. Code Ann. § 8-11-710 (2007) – Request for Leave from Leave Pool Account: a state employee may request leave from the leave pool for purposes of a personal emergency. This leave may be unpaid.

 

S.C. Code Ann. § 8-11-700 (2007) – State Employee Leave Transfer Program - Definitions: “Personal emergency” includes family medical emergencies or other hardship situations that are likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave.

South Dakota

S.D. Codified Laws § 3-6-7 (2007) – Public officers and Employees - Sick Leave – Personal Emergency Leave: in addition to leave of absence for vacation, each public officer and employee is entitled to fourteen days of sick leave without loss of pay. An employee may use up to five days of sick leave for personal emergencies.

 

S.D. Codified Laws § 3-6-8 (2007) – Public Officers and Employees – Advance Sick Leave: no more than twenty-eight days of sick leave may be advanced to any public officer or employee after the employee has used up all of his or her accumulated sick leave.

Tennessee

Tenn. Code Ann. § 8-50-802 (West 2007) - Sick Leave for State Employees: each employee may be granted one day of sick leave per month worked. Sick leave can be used for illness of an immediate family member.

 

Tenn. Code Ann. § 49-5-711 (West 2007) – Education – Personal and Professional Leave: a teacher is allowed one day of personal or professional leave for every six months worked. Personal leave can be taken for whatever reason, without explanation.

Texas

Tex. Educ. Code Ann. § 22.003 (Vernon 2007) – School District Employees – Minimum Personal Leave Program: each school district shall establish a minimum personal leave program whereby each school district employee is allowed to take no less than five days of personal leave each year. School boards may provide additional benefits.

 

Tex. Gov. Code Ann. § 661.002 (Vernon 2007) – State Employee Sick Leave Pool: employees can transfer sick leave into the sick leave pool.

 

Tex. Gov’t Code Ann. § 661.003 (Vernon 2007) – Use of Time in Pool: an employee can use time in the pool for purposes of a catastrophic illness or injury of the employee or of the employee’s immediate family. See also § 661.005.

 

Tex. Gov’t Code Ann. § 661.006 (Vernon 2007) – Limitations on Withdrawal: an employee may take the less of one-third of the entire pool, or ninety days.

 

Tex. Gov’t Code Ann. § 661.202 (Vernon 2007) – State Employees – Entitlement to Sick Leave: an employee may take sick leave without a deduction in salary. The employee earns eight hours of sick leave for each month worked. Sick leave may be taken when the employee is needed to care for and assist a member of the employee’s immediate family who is sick. Members of the immediate family include those people who live with the employee and is related to the employee by kinship, adoption, or marriage. Sick leave to care for an immediate family member may only be taken as long as the employee’s help is necessary.

Vermont

Vt. Stat. Ann. tit. 16, § 1755 (2008) – Teachers – Sick Leave: teachers are allowed ten days of sick leave at full pay. No more than twenty days are allowed to accumulate. No additional definitions are provided. The use of sick leave is subject to the directors of each school district.

 

Vt. Stat. Ann. tit. 21, § 470 (2008) – Labor – Parental and Family Leave - Purpose: Leave from employment for the birth or adoption of a child or to care for a seriously ill family member addresses one of the important needs of changing family structures. The provisions of this subchapter are enacted in recognition of the fact that both employers and employees benefit from the establishment of parental and family leave as a condition of employment.

Vt. Stat. Ann. tit. 21, § 471 (2008) – Labor – Parental and Family Leave - Definitions: an “employee” must work at least thirty hours per week. The “employer” must have at least fifteen employees. “Family leave” means leave for purposes of caring for the serious illness of the employee's child, stepchild or ward who lives with the employee, foster child, parent, spouse or parent of the employee's spouse. "Serious illness" means an accident, disease or physical or mental condition that: (A) poses imminent danger of death; (B) requires inpatient care in a hospital; or (C) requires continuing in-home care under the direction of a physician.

Vt. Stat. Ann. tit. 21, § 472 (2008) – Labor – Parental and Family Leave: an employee is allowed to take unpaid leave for a period not to exceed twelve weeks. However, the employee may use vacation or other paid leave, not to exceed six weeks.

Vt. Stat. Ann. tit. 21, § 472a (2008) – Labor – Parental and Family Leave – Short Term Family Leave: in addition to the leave provided in § 472, an employee is allowed to take unpaid leave not to exceed four hours in any 30-day period and not to exceed 24 hours in any 12-month period. The reasons for which the employee may use this leave includes the following: (1) To attend or to accompany the employee's parent, spouse or parent-in-law to routine medical or dental appointments.

(2) To accompany the employee's parent, spouse or parent-in-law to other appointments for professional services related to their care and well-being.

(3) To respond to a medical emergency involving the employee's parent, spouse or parent-in-law.

At the employer’s discretion, the employee may use paid leave.

Virginia

Va. Code Ann. § 15.2-1605 (West 2008) – Government – Sick Leave: each employee shall be given seven days sick leave with pay per year. No additional definitions are provided.

 

Va. Code Ann. § 51.1-1107 (West 2008) – State Employees Family and Personal Leave Benefit: amount of family leave is based upon months of service. If an employee has worked for less than 120 months, the person gets 32 hours of family and personal leave. If the employee has worked 120 or more months, they get 40 hours of family or personal leave.

 

Va. Code Ann. § 51.1-1108 (West 2008) – Use of Family and Personal Leave: family and personal leave shall be used for absences due to a short-term incident, illness or death of a family member, or other personal need. The leave shall be 100% compensated by the employer. In addition, family and personal leave may be taken for any permitted purpose at the sole discretion of the participating employee.

Washington

Wash. Rev. Code Ann. § 49.12.270 (West 2008) – Labor Regulations - Sick Leave, Time Off – Care of Family Members: if under a collective bargaining agreement an employee is entitled to sick leave or other paid time off, that employee shall be allowed to use all of the employee’s sick leave or other paid time off to care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency condition.

 

Wash. Rev. Code Ann. § 49.12.265 (West 2008) – Sick Leave, Time Off – Care of Family Members – Definitions: "Grandparent" means a parent of a parent of an employee. "Parent" means a biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. "Parent-in-law" means a parent of the spouse of an employee. "Sick leave or other paid time off" means time allowed under the terms of an appropriate state law, collective bargaining agreement, or employer policy, as applicable, to an employee for illness, vacation, and personal holiday. "Spouse" means a husband or wife, as the case may be. “Serious health condition” is not defined but would be governed by the appropriate collective bargaining agreement or employer policy.

 

West Virginia

W. Va. Code Ann. § 18A-4-10 (West 2008) - School Personnel – Personal Leave for Illness or Other Causes: each full time employee is entitled to earn one and one-fourth personal leave days for each month worked. Each full-time employee who is absent from assigned duties due to accident, sickness, death in the immediate family, or life threatening illness of the employee's spouse, parents or child, or other cause authorized or approved by the board, shall be paid the full salary from his or her regular budgeted salary appropriation during the period which the employee is absent, but not to exceed the total amount of leave to which the employee is entitled.


W. Va. Code Ann. § 18B-9-10 (West 2008) – Higher Education Catastrophic Leave Bank: employees may donate their sick leave into a leave bank to be used by eligible employees for catastrophic illness or injury. “Catastrophic illness or injury” means one that is expected to incapacitate the employee and create a financial hardship because the employee has exhausted all sick and annual leave and other paid time off. Catastrophic illness or injury also includes an incapacitated immediate family member as defined by a governing board if this results in the employee being required to take time off from work for an extended period of time to care for the family member and if the employee has exhausted all sick and annual leave and other paid time off.

Wisconsin

Wis. Stat. Ann. § 103.10 (West 2007) – Employment Regulations – Family or Medical Leave: an employee can take two weeks of family leave in any twelve-month period for purposes of caring for the employee’s spouse or parent who has a serious health condition. § 103.10 subdiv. 3. The employee is not entitled to receive wages for this leave. § 103.10 subdiv. 5. "Parent" means a natural parent, foster parent, treatment foster parent, adoptive parent, stepparent or legal guardian of an employee or an employee's spouse. § 103.10 subdiv. 1(f). "Serious health condition" means a disabling physical or mental illness, injury, impairment or condition involving any of the following: 1. Inpatient care in a hospital, as defined in s. 50.33(2), nursing home, as defined in s. 50.01(3), or hospice.
2. Outpatient care that requires continuing treatment or supervision by a health care provider. § 103.10 subdiv. 1(g).

Wis. Stat. Ann. § 36.30 (West 2007) – University of Wisconsin - Sick Leave: employees are entitled to sick leave. Specific rules are regulated by the board. No further definitions are provided.


Wis. Stat. Ann. § 230.35 (West 2007) – State Employees – Leaves of Absence: each employee is allowed annual leave without loss of pay based upon years of service (e.g. 104 hours during each year of service for the first five years). A catastrophic leave program may also be established which allows employees to done their leave into a pool for other employees to use when those employees experience a catastrophic need meaning an illness or injury that incapacitates or is expected to incapacitate an employee or an employee's family member, that requires the employee to take time off from work for an extended period of time and that creates a financial hardship for the employee.