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No. Many employers are surprised to learn that they are not legally required to give their employees paid time off. Despite this legal leeway, however, most employers do offer some variety of paid leave. A generous leave policy can help you attract high-quality employees and improve office productivity and morale.
If you decide to adopt a policy that gives your employees paid vacation or sick time, be sure to apply the policy consistently to all of your employees. If some employees receive a more attractive package than others, you might be vulnerable to a discrimination claim.
For more on this, see Providing Vacation and Sick Leave.
It depends on how small your business is. The federal Family and Medical Leave Act (FMLA), which requires employers to give 12 weeks of unpaid leave in certain circumstances, applies only to companies that employ more than 50 people within a 75-mile radius. If your company doesn't meet these conditions, you do not have to provide leave under the FMLA.
However, many states also have family and medical leave laws, and these often apply to smaller business. So even if the FMLA does not apply to you, your state's law might. To learn more about your state leave law, contact your state labor department.
For more on the requirements of and exceptions to the FMLA, see Providing Family and Medical Leave.
Not by federal law. The federal Family and Medical Leave Act (FMLA) requires you to grant leave for your employees to care for seriously ill family members, and it defines family members as parents, spouses, and children. (Parents include those persons who took the place of a parent when the employee was a child; children include those children whom the employee cares for and supports.) The definition, however, does not include many people that most of us consider family members, including grandparents, aunts and uncles, in-laws, same-sex partners, or siblings.
If your state has a family and medical leave law, it might require leave to care for siblings. To find out about your state's law, contact your state labor department.
For more on this and the requirements of the FMLA, see Providing Family and Medical Leave.
It depends. If your business is covered by the Family and Medical Leave Act (FMLA) and the employee is eligible for leave, you must allow the employee to take up to 12 weeks of leave to care for a new child. This leave is unpaid and must be taken within a year of the child's arrival.
Generally, employers are not required to offer paid leave to either parent after a child's birth. However, if you do offer a paid maternity leave benefit, you must offer this leave to new fathers as well as mothers or risk a lawsuit for sex discrimination. In other words, if you offer paid leave, it must be parental leave, not maternal or paternal leave.
In addition, the state of California now provides six weeks of paid family leave to new mothers and fathers. This state program is funded by employees, through payroll withholding. Many others states are considering paid family leave laws as well.
For more on this, see Providing Pregnancy and Parental Leave.
These issues are all governed by state law, so your answer will differ depending on the state you live in. Here are the basics.
Voting. Almost half of the states require employers to provide a few hours of paid leave to allow their employees to vote. Generally, paid leave is required only if the employee would have insufficient time to vote without taking time off.
Even if you live in a state that does not require paid leave for voting, you must not punish any employee for taking time off to cast a ballot. Almost every state prohibits employers from firing or disciplining an employee for taking leave to vote.
For more information on voting leave, see Giving Employees Time Off for Voting and Jury Duty.
Jury duty. Most states do not require you to pay your employees for the time they spend on jury duty, unless your own employment policies provide for such pay.
But almost every state prohibits employers from firing or disciplining an employee for being called to jury duty. In some states, an employee fired in violation of these laws can sue you for lost wages. In addition, a handful of states impose criminal penalties against employers who break this law.
For more information on providing leave while an employee serves on a jury, see Giving Employees Time Off for Voting and Jury Duty.
Military duty. In almost every state, employers must allow their employees to take leave for certain types of military service. In some states, only those called for active duty are entitled to take leave; other states require leave for training as well. You are not required to pay your employees for this time off.
For more information, see Providing Military Leave.
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