Uncommon state leave laws may be worth broader employer adoption 

In the 9/11 aftermath, in my HR role for a Fortune 500 employer, I had to present payment options for employees called to active military duty. The Uniformed Services Employment and Reemployment Rights Act does not require salary continuation during protected leave. I analyzed two choices for the CEO: 

• Provide differential pay (combined military and employer payments equaling normal salary) 
• Treat the leave as an unpaid absence 

He chose neither.  

Instead, his handwritten note directed us to pay full salary. After all, these employees were willing to make the “ultimate sacrifice.” I learned a vital lesson: sometimes employers go well beyond what the law requires, especially when doing so aligns with corporate values. 

What follows is a sampling of uncommon state leave laws that – while not applicable to all employers – are worth review and consideration for an employer’s leave policies:  

• Rehabilitation. California, Iowa and Puerto Rico are among the jurisdictions that require protected leave when an employee enters a drug or alcohol rehabilitation program. Iowa also mandates leave for required attendance in a drinking-and-driving education course. The Americans with Disabilities Act does not protect employees who are currently engaged in using illegal drugs, but requires a leave of absence to obtain medical treatment for alcoholism, subject to an undue hardship exception. 
• School-related activities. New Jersey includes this reason among the permitted uses under its earned sick leave law. Illinois requires unpaid leave for this purpose.  
• Public health emergency. A number of states and a few localities have updated their leave mandates to cover not just the COVID-19 pandemic but future public health emergencies, including in some cases those related to power/heat/water loss, severe inclement weather or wildfires and dangerous air quality or elevated heat indexes. Has your policy been properly amended? 
• Organ/bone marrow/blood donation. A growing number of states have laws requiring leave for these types of life-saving donations. Some include this reason in existing paid family and medical leave laws, like Connecticut, New Jersey and New York. 
• Bereavement. A handful of states dictate this type of leave.  
• Genetic testing and cancer screening. Louisiana requires one day off for these reasons. Employees may use existing paid time off or vacation for this leave. 
• Literary assistance. California requires employers of a certain size to provide paid time off to employees who participate in an adult literacy education program. 
• Community involvement. Texas requires employers to allow time off for attending an applicable precinct convention or a county, district or state political convention where the employee is a delegate. Vermont requires unpaid time off to attend an annual town meeting. 
• Voting. While this type of leave law is not uncommon, states address time off differently. Some require paid leave; others don’t. Some states place a cap. Given the upcoming election, employers should be familiar with applicable state requirements. 
• Sports representation. Oregon requires state agencies to grant leave to any employee participating in world, Pan American or Olympic events, as an athlete, coach or official. Puerto Rico extends this obligation to private employers. 

Consider implications for your workforce with these three questions: 

• If an employee requested leave for one of the above or other similar reasons (e.g., the next Simone Biles), would the leave policy clearly allow it, either on a paid or unpaid basis? 
• If not, would the employer allow it as a policy exception? 
• If so, what is the level of unlawful discrimination risk by potentially denying leave for some and granting it for others? 

If the risk is great, it may be time to change the leave policy.