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Paid Family and Medical Leave

A Paid Family and Medical Leave policy explains how eligible employees can take state-administered, wage-replacement leave for bonding with a new child, caring for a family member, addressing their own serious health condition, and certain military or safety-related needs, including how payroll contributions, application steps, job protection, and coordination with FMLA work in various jurisdictions such as Colorado, New Jersey, Delaware, Maine, and Minnesota.

How to Write a Paid Family and Medical Leave Policy

  • Start with "why" and introduce the concept.
  • Define who's eligible to use the program.
  • List the qualifying reasons employees can take paid family and medical leave.
  • Explain how the program is funded through payroll deductions or premiums.
  • Summarize the benefit structure, including wage replacement and available leave types.
  • Describe how employees apply for benefits through the state program and what documentation may be required.
  • Explain job protection and return-to-work rights tied to approved leave.
  • Address benefits continuation during leave, including health coverage and premium payments.
  • Clarify how this leave coordinates with other leave laws and policies, including running concurrently where applicable.
  • State whether employees may supplement state benefits with available paid time off.
  • Explain how accrual of seniority and other benefits is treated during leave.
  • Include a non-interference and anti-retaliation commitment and a path for raising concerns or appealing determinations.

 

For advice on writing a Paid Family and Medical Leave policy in a specific jurisdiction, see below.

How to Write a Paid Family and Medical Leave Policy for a Specific Jurisdiction

State-Specific Paid Family and Medical Leave Policies

Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.