The Essential Guide to Family & Medical Leave

chapter 11 | how other laws affect FMLA leave | 267
school activities; to attend or accompany a child, parent, spouse, or parent-in-law
to routine medical or dental appointments or other appointments
for professional services; or to respond to a medical emergency
involving the employee’s child, parent, spouse, or parent-in-law.
Many of these laws apply to situations not covered by the FMLA (such
as school conferences or routine doctor’s appointments). In this situation,
the leave provided by a small necessities law would be in addition to
FMLA leave, and the two laws wouldn’t overlap. However, there are limited
situations in which the FMLA might also apply. For example, if your
company does business in Vermont, and a parent takes small necessities leave
to respond to a child’s medical emergency, that might also qualify as FMLA
leave (depending on whether the child has a serious health condition).
Domestic Violence Leave Laws
Some states allow employees to take time off for issues relating to domestic
violence. In Colorado, for example, employees can take up to three days of
leave to seek a restraining order, obtain medical care or counseling, relocate,
or seek legal assistance. These laws may apply to employees who need to
help a family member—such as a child—who has been a victim of domestic
violence, as well.
Whether leave taken under one of these statutes qualifies as FMLA leave
depends on whether the employee has a serious health condition or is caring
for a family member with a serious health condition. An employee who takes
time off to appear in court to testify against her abuser might not qualify for
FMLA leave; an employee who is hospitalized following a violent incident
probably does. When an employee takes domestic violence leave, you should
find out whether a serious health condition is present—and, if so, designate
the leave accordingly.
Putting It All Together
Now that we’ve reviewed the most common types of state laws that provide
leave for family and medical reasons, it’s time to see how they might work
together—along with the FMLA—when an employee needs time off. Here
are a few examples that will help you see how the process works.