If you are an employee in Arizona, it can be difficult to navigate the complex maze of federal and state laws that govern family, medical, and parental leave. It’s important that you do so, however, so that you can take all the time off you need in the wake of a major life event such as the birth of a child or an unexpected illness or injury. This article will explore workers’ rights under state and federal law, including FMLA and Arizona’s paid leave rules.
Paid Leave Under Arizona State Law
Arizona operates two different systems for paid leave—one for private employees and one for state government employees. The federal government also applies its own system.
The Arizona Fair Wages and Healthy Families Act
The Arizona Fair Wages and Healthy Families Act (FWHFA) applies to virtually all Arizona employers except state and federal employees.
Paid Medical Leave
The FWHFA requires employers to offer their employees earned paid medical leave at the rate of one hour of paid medical leave for every 30 hours of service. The employer cannot lower their employees’ wages when paying for medical leave. If the employee makes $25 per hour, for example, the employer must pay them $25 per hour for medical leave.
Significantly, the benefits of Arizona’s paid medical leave are not limited to your own illness or injury. You can use paid medical leave to take care of a sick family member. You can also take your paid leave during your federal unpaid leave time (see below), allowing you to receive payment at least some of the time during your federal “unpaid” leave.
State and Federal Employees
The FWHFA does not apply to state and federal employees because they have their own plans.
Federal Employees
Federal employees rely on the Federal Employee Paid Leave Act. The Act provides federal employees with 12 weeks of paid parental leave in case of the birth, adoption, or foster care placement of a child. Individual government agencies sometimes apply their own policies, some of which are more generous.
State Employees
Arizona state employees, by contrast, benefit from state policy which provides them with paid holidays, medical leave, and vacation leave. Currently, Arizona also applies a pilot program that allows state employees to take up to 12 weeks of paid leave for the birth or adoption of a child. Some Arizona cities have their own policies for municipal employees.
Unpaid Leave: The Family and Medical Leave Act
As a federal law, the Family and Medical Leave Act (FMLA) applies throughout the United States, including Arizona. Unpaid leave allows you to keep your health insurance benefits during your leave period, and it prevents your employer from discharging you for taking time off under the FMLA.
Qualifying Reasons
To qualify for unpaid leave, you must have experienced one of the following life events:
- Pregnancy
- The birth or adoption of a child
- The placement of a child in foster care
- The serious illness of a spouse, child, or parent, if they need you to care for them
- Your own illness or injury
- A need to take time off due to the military service obligations of a family member
You must also have already worked for your employer for at least 12 months and must have worked at least 1,250 hours over the past year. There may be other requirements for you to qualify for FMLA unpaid leave. Speaking to a lawyer can ensure you have all your boxes checked.
Contact an Attorney if You Have More Questions About Family, Medical, and Parental Leave in Arizona
It is understandable if you are confused about your rights as an employee. After all, your rights are based on a complex tangle of federal law, state law, and the policies of individual employers. Luckily, there are Arizona attorneys standing by to answer your questions. Contact one today to schedule a case consultation where you can explore your legal options.
Contact the Phoenix Employment Attorneys at Houk Employment Attorneys Today For Help With Your Case
For more information, please contact an experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today. Our employment law firm is conveniently located near you. We have an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
