In addition to leave granted under annual leave, sick leave, and leave for adoptive parents, present law requires an eligible state employee to be granted absence from work with pay for a period of time equal to six workweeks because of the birth of the employee's child or because of the placement of a child with the employee for adoption, and upon the employee giving 30-days' notice to the appropriate appointing authority. If the eligible employee learns of the birth or adoption less than 30 days in advance, then the employee must give the notice as soon as reasonably possible. For the purpose of calculating service anniversary dates, this absence from work is considered full-time employment. Beginning July 1, 2025, this bill also requires such an eligible state employee to be granted absence from work with pay for a period of time equal to six workweeks because the employee is caring for a family member with a serious health condition. Such employee must still abide by the same notice requirements. As used in this bill, "family member" includes an individual whose close association with the covered individual is the equivalent of a family relationship. Additionally, a "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves (i) inpatient care in a hospital, hospice, or residential medical care facility or (ii) continuing treatment by a healthcare provider. Present law prohibits such an eligible state employee from being granted more than six workweeks of such paid leave during a 12-month period. However, the workweeks do not need to be taken consecutively. This bill authorizes such leave to be taken on a reduced schedule or intermittently as provided under the federal Family and Medical Leave Act. ON APRIL 16, 2025, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 322, AS AMENDED. AMENDMENT #2 makes the following revisions:  Clarifies that leave granted in the bill for a qualifying birth or adoption must be used within 12 months of the qualifying birth or adoption, but not within 12 months of a family member's serious health condition.  Redefines a "family member" as an eligible employee's child, spouse, parent, or a grandchild if the grandparent has custody of the grandchild at the time leave is requested.  Redefines a "serious health condition" as an illness or condition that involves hospice care.  Authorizes the department of human resources to give guidance and further clarify the definitions of "serious health condition" and "family member" by policy.  Provides that if an eligible employee is caring for a family member with a serious health condition prior to January 1, 2026, and has not used all of the leave to which the employee is entitled under the federal Family and Medical Leave Act, if applicable, then the employee is entitled to leave under the bill beginning on January 1, 2026, for the remainder of leave to which the employee is entitled under such federal act, if applicable, on or after January 1, 2026, as a result of the employee caring for a family member with a serious health condition. However, the duration of paid leave must not exceed the paid leave available under the bill.  Changes the effective date from July 1, 2025, to January 1, 2026.

Statutes affected:
Introduced: 8-50-813(a), 8-50-813, 8-50-813(d), 8-50-813(e)