You may be eligible for one or more of the following leave entitlements:
- Federal Family and Medical Leave
- State Family and Medical Leave
- SEBAC Supplemental Leave
- Pregnancy Disability Leave
- Organ Donor Leave
- Bone Marrow Donor Leave
These leave entitlements are referred to collectively as “Family and Medical Leave Entitlements.” This is protected leave and it may be paid, unpaid or a combination of paid and unpaid leave, depending on an employee’s accruals balances. The law also provides that group health benefits be maintained during the leave, as long as the employee continues to pay his or her premium share while on leave. Although the leave entitlements have many similarities, they are not the same. There are many significant differences that need to be considered when making determinations and administering employee leaves including:
- The amount of leave available;
- The kind of leave that may be taken;
- The reasons for leave
- The eligibility requirements; and
- The interaction of the law with collective bargaining agreements
- In some circumstances, collective bargaining agreements may supersede state law, but they cannot supersede federal law.
Each employee’s leave entitlement must be assessed on a case-by-case basis; no two situations are exactly the same. However, in all circumstances it is the employer’s right and obligation to designate leave as one or more of the Family and Medical Leave Entitlements, if applicable.