Federal vs. State Regulations

Under the terms of FMLA, state regulations that are more generous than FMLA accommodations will take precedence over FMLA regulations. Where this is not the case, FMLA regulations will supersede the state rules. Each state has its own department of labor and its own set of guidelines for employee rights. Those who wish to know about the rules in a specific state should contact that state’s labor department to find out precisely how its regulations work and how they mesh with FMLA and other federal laws.

Currently, 18 states, as well as the District of Columbia and Puerto Rico, have laws that are more comprehensive than FMLA. For example, in Vermont, Oregon, and the District of Columbia, the 50-employee minimum is significantly lower. In Hawaii and Montana, companies with one or more employees must offer leave for maternity disability. An employee can take leave to care for an in-law in the District of Columbia, Hawaii, Oregon, and Vermont. In Massachusetts, employees receive 24 hours leave per year to accompany a child or relative to routine medical or dental appointments. Louisiana and Tennessee provide four months leave for maternity disability.


Inside Federal vs. State Regulations