AB 1098

Introduction

This bill expands the family and medical leave law to allow an employee covered

under that law to take family leave to care for a grandparent, grandchild, or sibling

and for the active duty of a family member, lowers the threshold number of employees

above which an employer must allow an employee to take family or medical leave,

and establishes a family and medical leave insurance program under which certain

covered individuals may receive benefits while taking family or medical leave.

Family and medical leave expansion

Under current law, an employer, including the state, that employs at least 50

individuals on a permanent basis in this state must allow an employee who has been

employed by the employer for more than 52 consecutive weeks and who has worked

for the employer for at least 1,000 hours during the preceding 52 weeks to take up

to eight weeks of family leave in a 12-month period for the birth or adoptive

placement of a child or to care for a child, spouse, parent, or domestic partner of the

employee or a parent of the spouse or domestic partner of the employee who has a

serious health condition; and up to two weeks of medical leave in a 12-month period

when the employee has a serious health condition that makes the employee unable

to perform the employee's employment duties.

This bill requires an employer, including the state, to allow an employee to take

family or medical leave as provided under current law. The bill also allows an

employee to take family leave as provided under current law to care for a

grandparent, grandchild, or sibling of the employee who has a serious health

condition. In addition, the bill requires an employer to allow an employee to take

family leave because of any qualifying exigency, as determined by the Department

of Workforce Development by rule, arising out of the fact that the spouse, child,

domestic partner, parent, grandparent, grandchild, or sibling of the employee is on

deployment with the U.S. armed forces to a foreign country (covered active duty) or

has been notified of an impending call or order to covered active duty.

Family and medical leave insurance program

The bill creates a family and medical leave insurance program, to be

administered by DWD, under which a covered individual who is on family or medical

leave is eligible, beginning on January 1, 2025, to receive up to 12 weeks of family

or medical leave insurance benefits as specified in the bill from the family and

medical leave insurance trust fund created under the bill (trust fund). For purposes

of the bill:

1. A “covered individual" is an individual who worked for any employer for at

least 680 hours in the calendar year prior to the year in which the covered individual

claims family or medical leave insurance benefits (application year) or a

self-employed individual who elects coverage under the program, regardless of

whether the individual is employed or unemployed at the time the individual files