What You Need to Know About Family Leave in Arizona
Arizona offers specific family leave options and benefits. Here’s everything you need to know about family leave in Arizona.
Arizona complies with the Family and Medical Leave Act (FMLA), the federal mandate for family leave. Under Arizona law, eligible employees may take time off work to contend with family matters.
The Family and Medical Leave Act (FMLA)
Family leave is unpaid in Arizona. The Family and Medical Leave Act (FMLA) is a federal policy providing eligible employees with up to 12 weeks of unpaid leave per year. The act intends to help employees balance work and family responsibilities.
The FMLA covers the following employers:
a. Private-sector employers with 50 or more employees
b. Public agencies
c. Public or private elementary or secondary school
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Covered employers must complete the following duties:
a. Post a visible notice with employees’ FMLA rights and responsibilities
b. Provide information about the FMLA in their employee handbooks
c. Inform employees of their eligibility for FMLA leave
d. Notify employees whether their leave qualifies as FMLA leave
FMLA Leave Eligibility
An employee is eligible for FMLA leave if the employee:
Works for the State of Arizona
Worked for the State of Arizona for at least one year; and
Worked at least 1,250 hours of service during the one year preceding the start of their leave
Qualifying Life Events for FMLA
Employees are eligible for unpaid family leave when they experience a Qualified Life Event (QLE). Employees must submit a QLE application with the requisite documents within 31 days of the event.
Qualifying Life Events include the following scenarios:
- Childbirth
- Placement of a child for adoption or foster care
- To care for the employee’s spouse, child, or parent with a severe health condition.
- The employee has a serious health condition rendering it impossible to perform their job.
- The employee’s spouse, child, or parents are deployed overseas.
Notice of Family Leave
Employees must request leave:
- 30 days before needing the leave
- As soon as possible, if the employee needs to take leave in less than 30 days unexpectedly, as soon as possible.
Leave Without Pay
Employees on leave without pay may temporarily terminate or reduce their benefits coverage. Employees who wish to change their coverage plan must submit a Declaration for Change and Enrollment form to the Human Resources Office within 31 days of the start of their leave.
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Employees can reinstate their benefits once they return to work by submitting an Enrollment/Change Form within 31 days of resuming their job.
Employees may also choose to keep their health benefit plan while on FMLA leave. Employees who keep their health benefit plans must continue paying their premiums and contributions.
Employee Protections under the FMLA
Upon returning from FMLA leave:
- Employers must provide employees with the same job they held before taking FMLA leave; or
- Employers must grant their employees a comparable job with equivalent pay and benefits.
- Employers cannot use an employee’s FMLA leave to penalize them under a no-fault attendance policy.
- Employers cannot discharge or discriminate against an employee for taking FMLA leave.
Employees should contact the Arizona Department of Labor or the U.S. Department of Labor’s Phoenix District Office if they feel their employer unfairly denies their FMLA rights.
Contact Us
If you or a loved one would like to learn more about Taking Family Leave Arizona, get your free consultation with one of our Family Law Attorneys in Arizona today!